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HomeMy WebLinkAboutGillispie, Whitsit, Hope T JUDITH T. TERRY TOWlq CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE ($16) 765-1801 THIS IT TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 26, 1989: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a Third Party enforcement agreement with respect to the Deed of Open Space Conservation Easement between Constance Terry, Hope T. Whitsit Gillispie, and Diana W. Whitsit Alford, the Peconic Land Trust, Inc., the Town of Southold, and the New York State Department of Environmental Conservation, on property included in the 442+ acres of land proposed to be acquired by the NYS-DEC and lies directly north of Orient Beach State Park and is separated from it by Little Bay; said agreement subject to the approval of Town Attorney Schondebare. September 29, 1989 PECON lC LAND TRUST September 22, 1989 Mr. Francis J. Murphy, Supervisor Southold Town P.O. Box 1179 Southold, New York 11971 Dear Supervlqor Murphy: As >gu k~ow, the Peconic Land Trust has been negotiating an alternative to condenmafion with the New York S,ate Dcparunent of Enviromner~ta.1 Conservation as well as Constance Ten,'y and Hope Gillispie wi,h respect to the lauer's property on Hallocks Bay. Orient. I mn pleased to inform you that all partle~ have reached agreement. A key to the agreement, however, involves a significan, role for Southold Town, as follows: The Town of Soutn~d, Suffcik County, Now York Is deslgnatod by the Parties as a "Third Parly Enforcer,' ~:~ pr0v,ded ~r, .-5, rt~cle 4~ Socvon 49-0305(5) of lbo Environmental Conso~atio~ Law o~ the ~tale of New YoY~. S~u0 To~n ~hall have lbo tame rlght~ as the GranI~o herein to enforce the ~nd cohd~1~on~ of Ih~* E~eff. ont, p~rtlcu~nrly as such rlghl~ are ~et fort~ In A~lcle Seven. Prior to the oxorc,~o of s~ch ,;~ts, r. obco Shall ~ 0ivo~ 10 the Grantee as provided In Section 8.04 hereof, and tho Grantee ~h~:l retg;n Its rights l0 enforce lhl~ Easement Including the right Io ~ a puny to any act,on o~ pro~oodw,$ brou~nl by the Th;re Petty Enforcer. If nl an~ :','4 gtacloe or an)' successor or 3~ssianoe is unable lo enforce Ibis Easern, Onl fully or fmls to ass;gn nll of ;"~ r!ghts and rasponsibililies under lhia Easement and all of its right, title and Interest m and re :r'~ Easemen{ 13 8 quai~{~e~ 0rganlzall0n, then the rights and re~p0nsibllltlos unOor {h~s Easemom ~h~q ~cortoo vested in &t~d fall upon the Town al Soulhold in accordance with a cy pres pmcooomg or any c-:'.,,t ~f co~tenl Jurisdiction. 1 v..ould be m, ,qt :q',prm.'ialive of knowing ag soon as possible whether or not the Town is wiili,)g to become ~. ;, ,ny to :'ac negotiated easement, especially with respect to the above sections. Pie. as: find at:act.eS ihe cnti,c Easement docutnen, for review by thc Town Attorney as well as the members of th.~' T,,:,. n Board. Tha~ you very much for your cooperation in ihig mauer. P. nclosu,x:: alse¥ October 4, 1991 Robert I. Scott, Jr., Chairman Board of Assessors Town of Southold PO Box 1179 Southold, NY 11971 Dear Mr. Scott, I am interested in applying for a scenic easement on property identified at SCTM#1000-22-3-13 location off the Main Road in East Marion. I would like approval from the Town of Southold as soon as possible. I am the executrix of the Estate of Constance J. Terry, owner of the above mentioned property. If you have any questions please do not hesitate to call me at 323-2443. Hope Gillispie ~EED_O~ OPEN SPACE CONSERVATION EASEMENT TkdS DEED C'? CPEi'I SPACE CONSERVATION EASEMENT, is made on the Thidieth day of October, t 989 at Cr;)r,t, New 'fcA. TP, e parties are CONSTANCE TERRY, HOPE T. WHITSIT GILL[SPI~, .3 DIAN^ W. WHITSIT ALFORO (herein ca,led the "Grantor"), the PECONIC LAND TRUST, INCORPORATED. a nol.for.profit New York Corporation, having its principal offJc9 at 30 Jagger L~,~e .',P.O. 3OX 2088), $oL,thampton, New York 11969 (herein called "Grantee"), and the TOWN OF SOUTHOLD, Suffolk Courtly, New York, having ils principal office at 53095 Ma!n Road (P.O. Box 1179}, Southcld, New York 11971 (herein called the "Third Party Enforcer"). WHEREAS, ~he Grantor is the owner in fee of certain real property hereinafter more fully described in EXHIBIT A attached hereto, and hereinafter referred to as Ihe Protected Property; and WHEREAS, [he Protected Property in its present natural, scenic, open space and wooded condl'Jon has substantial and slgn!flcant value as a nalural, aesthetic, scientific, and educational resource by re,son ct the fact that it has not been subject to any extensive development or exploitation; and WHEREAS, tea Protected Property, which lies directly north of Orient Beach State Park and is sepe. rated I'rom it by Little Bay, consists of wellands inventoried by lhe New York State Dep~;tment or Envirr, nmental Conservation pursuant Io the New York State Tidal Wetlands Acl, said wetlands being classified as intertidal marsh, high marsh, and connected and buffering upland ol high quality; and WHEREAS, the Protocled Property is included in 442+ acres of land proposed to bo acquired by lhe New York Stale Department of Environmental Conservation pursuant to Env!ronmental C, onsersalion Law Seclion 3.0305 and the Eminent Domain Procedure Law (EDPL); and WHC--RF. AS, ~he $oulnold Town Trustees have designated portions of the Protected Property and contiguous land around Liltle Bay in Orient as a 'critical environmenlal area' un,er ;he provisions of Ihe New York State Environmental Quality Review Acl; and WHF. R~AS, the iNew York State Department of Stale has found the Protected Property and !and ~urround,n..; Little Bay to be an important shell and fin fish nursery area while adopting a Coastal Zor, s Management Plan; and WHEREA'.g, tl:e Protected Property and land surrounding Little Bay includes such rare and ~,.e~angered sp,)cies es red-headed duck, canvass-back duck, black duck, hooded merganser, diamond-b~ck !errapirh P..nd osprey as identified by the FIsI] & Wildlife Habitat Program el the New York State Department of Stale; and WHEREAS, the Protected Property includes an earthen dike which separates most of tee wetlands from ad~acen; f~rmland, protecls farmland and produce from coastal flooding, and reduce.,;, the po:aerial ~c,r conlaminafion of the wetlands by agricultural pesticides and lerlilizers; and WHEREAS, the Grantor of the Protected Prol:)edy are members of fha Terry family which nas owned tee P~otected Property and adjoining lands for nearly 300 years; and WHER~.:AS, [he Gr~ntor w~snes to mainlaln lhe Prolecled Prcperty in its current natural/open space condition; and WHEREAS, lh~. :ahd immediately fo lbo easl of lbo Prelected Property is owned by the Gramee, Pecon;c L~tna Trust, h~corporated, a not-for-profit corporation dedicated to lhe consurvation of naft,r~ r,)sources on Eastern Long Island including land, waler, wetlands. barrier beaches, woodland, farmland, and open sp~ces; and This Deed conwjys sn C[';nn Space Conservalion Easement (herein called the "Easement"). The f'aasament 5bali consi.~;t of the covenanls, restrictions, righls, terms, and conditions recited in this Deed. Re~erenc,~ [o ',,ne Easement" or Its "provisions" in this Deed shall include any and alt of those ,;oven~ms, ~e$1ncdons, dghts, terms and conditions. ~ F. as~ment sh~:!i be a burden upon and ru~_.w.{!~ !~.e___p_rppert), in perpetuity. The Easement snail ;un with the Protected Property as an incorporeal inlerest tn the Prelected Properly, enforceable against Grantor, Granlor's agents, tenants, heirs, personal representa[iYes, successors and assignS, and all other individual and entities. GRANTOR hereby voluntari!y grants, releases and conveys to Grsnlee, as an absolute gift, ~r~., t__o.gether with all rights to enforce it, as recited herein, against Grantor and a!l futura owners and tenants. Grantee hereby accepls the Easement in perpetuity, and undertakes io enforce il against Grantor and all future owners and tenants. From and after tho date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Protected Property. 3.01 SIn;ctur~ The construction or placement of buildings, struclures or improvements Of ney kind or nature, ~nciudin~7, but not lir,lited lo, roads, mobile homes, anlennae end satellite dishes, permane,~t or tem.r.,or~;¥, on, over or under lhe Protected Property except as specifically permitted herein. ~_02 Excav~l(orl ~d 29r00val of MateH?~ The o edging, excavating, mining or filling of the Protected Property. The rernoval of tousoil, sand, or o~h-~r materials shall not take place on the Protected Property nor shall the topography cf the Prolucled Properly b~ changed. Such activities may be allowed, however, In accordance wl~h sour,d management practices designed 10 protect, maintain or enhance the natural ~uallt!os of Ihe Halock's Bay tidal wetland resource, as determined by the Grantee in ils sole discretion. The sucx3idslcm cr padit~on,ng of the Prelected Properly. ~f ~tmb~r The cutdng or harvest;r,g cf bmber exoept for the following purposes: a) to clear and reslore forest cover that Iqas been damaged or disturbed by forces of nature or otherwise, and b) Io prune and select;v'e~/ ~hin trees in ~ccordance wilh good forest managemenl practices, as determined by the Granlee in hs sole discretion. 3 area currontl:/ s,~bJeci ~c .~gr;cuitur~l use and [hat such activity be conducted in accordanco with the purposes of this Easement. Normal agricultural fencing, as may be reasonably necessary in conneclion with mo maintenance on the property of horses, sheep, beef or dairy cattle, or similar domes'J,:: !i,.'a:¢.ock, raay b6 constructed, maintained or replaced by Grantor. Grantor shall also have it',: ,:;rtl ~9 maintain and repair existing dikes on the Protected Properly. .1.06 Notice Grantor shall ,'F)tify Grantee, in writing, before taking any action or before exercis!ng any reserved ;,sh; w~th re~pect to the P~0tected Property which could adversely allect the conservation p~.,rpo~es which are ~he subject of this Easement. 4.07 /MlenabHitF Grantor shall i~e, ve fha righi to convey all or any pad of his remaining interest in the Protected Property bu~ on~y subject to this Easement. Grantor shall promptly notify Grantee of any conveyanc~ of any I,qt~rest in the Property, including the full names and mailing addresses of 0.11 Granites, &r~d th~ indlvJdual pr;neipais thereof, under any such conveyance. The instrument o~ any such convey&nCO shall specifically set forth that the Interest thereby conveyed is subject tc this Easement, with0ul modification or amendment of the terms of this Easement, and sh~il incerporate th;s Easement by reference, specifically selling forth tl~e date, office, hber and page of Ihe recording hereof. The lallure of any such instrument to comply witl~ the pro;,i~;o:~ hereof ~hall not affect Grantee's rights hereunder, GRANTOR'S O~UGAT1C)NS Gr~ntor, at h~s/her sole cost and expense, shall continue to maintain the Protected Property In the same physical condOr;on as il is on the date of, and in conformance wilh, this Easement. ~:02 T,~es ~nd A~sessr~p..Q1~ Gr~ntor shall conlinue to pay all taxes, levies, and assessments and other governmental cr mumcipai charges which may become a lien on the Protected Proper~y, Including any taxes cr ',uvieS i~'~posed to make these payments. If Grantor fails to make such payments, Grantee Is a~thori:'csd '.o make such payment.,'. (~,ut shall have nO obligation to do so) upon ten days prior ;~rit[en notlce to Granlor, according to a¢~y bill, statement or estimate procured from the ~pprop,1:zt0 public office without inquiry Into the accuracy thereof. That payment, if made by Gra¢4es, shall become a Ik)n on tho Prelected Property of the same priority as the item If not pa~u would ~sve bacome, 2r~d Sha[I be~r interest until paid by Grantor at two pementage points ovsr the prime rate c,f interest from time to time charged by Citibank, N,A. ~6.01 G,.~nlor's ©bIioafiQ&.~ Grantor 5nal; i¢',cernnlfy arid r.old Grantee harmless from any charges or liens imposed u{.on Grante~ ari~ih2 hem (he pnysical maintenance and upkeep of the Protected Property or from any taxes, iavies or c$:~essmonts upOn it or resulting from this Essement, all of which shah be considered Grantor"s obligations, 6.02 Grantor shell indemn;fy and hold Grantee harmless for any liability, costs, altomey's 5 The Tc.,,,n .:[ .Seu!,-,old, Suffolk County, New York is designated by the Parties as a "Third Party Enforcer.' as ;:.rcvided in .."'-rt{C~9 49 Section 49-0305(5) of the Environmental Conservation Law ,:,i tee .5ta:e ct Nsw York. Said Town shall have the same rights as the Grantee herein to enlorce !ho :,.:rrna and conditions of this Easement, particularly as such rights are set forth in Arlicla $,~ven. Prior to ti'~e e~,ercise ¢ such rights, notice shall be given to the Grantee as provided in Suction F.,.04 hereof, and the Grantee shall retain Its rights to enforce this Easement inc!uoing the r:gh'` '`~.~ be a party to any aclion or proceeding brought by lhe Third Party Enforcer. 7.06 Assig~ Grantee snail have the right lo assign any and ail of ils righls and responsibilities under this Easement, 2nd any and ail of its right, title and Interest in and lo the Easement only to a qua',!fied organlzaW, m (i-e,'ein called "the Assignee"). As used herein: the term "qualified organization" r~',eans a unll gl government or not-for-profit corporabon which Is qualified to receive such interests pursuant ~o Article 49 of the New York Environmenlal Conservation Law, and Is a qualified e,'g~.n!zation w~thl.n the meaning of Section 170(h)(3) of the Code, which Is organized or oF. ore'`sd primarily or substantially for one of the oonsen.,ation purposes specified in Section 170{h)(.l)(A~ of the Code. Any assignment of benefits by Grantee or Grantee's successors must requhe the Assignee cr Assignee's sucCesSors to carry out the purpose of this Easement The Assignee and Its successors and assigns shall have the same right of assignment. If et an,/time Grantee or any ~uccesS0r or assignee Is unable to enforce this Easement fully C~ fa!Is to cio so, or ii Granlee or any successor or assignee ceases to exist or ceases to be a qualified organization, and, if, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of ils rights and responsibilities under this Easement and all of its rwht, tide and Interest in and to the Easement to a qualified organization, then the rights and responsioilities under this Easement shall become vested in and fall upon the Town of Southold in accordance with a cy pres proceeding or any ceurl of competent jurisdiction. This Easement gives rise to a properly righl arid interest immediately vested in 1he Grantee. For purposes cl this Seclion 7.07, the fair market value of such right and Interesl shalt o~ equ,~I t3 the ddle~ence, as of the date r~ereof, between the fair manet value of the Property subject to W~s E~sement end th8 f~lr market value of the Property if unencumbered ~areby (such d,if~rence, divided b~ the fair markel wI~e of the P~opedy unencumbered by this Easemenl, Is hareinaiWr referred to as tbs "Pro~tion~le Share"). In the event a malarial unforeseeable ch~ng~ ~n th~ cond~ti0ns surrounding the Property makes im~ssible ils ~ntlnued use for tee ~urp~sas con~empi~ted hereby, resulting in an extinguishment of Ihis Easement or any m&ted~I ~arm .~[ provision hereof by a judlcia~ proceeding; then upon a subsequent transler of ~;e io t~s P,,~er'.y by ~We, gilt, devise, exchange, taking by eminent domain or by p;rchase in iWu gl a m~m~, Gzan~or shall p3y to Grantee an amount equal to the greater of the t:onsideralion p~id by Grantee to Grantor for lhis Easement 0r (y) a Proportionate Share of the proceeds of such transfer. If all or ac, y pad o! the Property Is taken under the power cf eminent domain b? public, corporate, or .'__,tear &d;ho¢i[y, er clhCrwise acquired by such aulhodty lhrough a purchase tn lieu cf a t~klng, ¢o as to ~brogate lhe reStriCtions imposed by IhiS Easement or otherwise effectively lo Iruct:~t..* the purposes hereof, Grantor 3nd Grantee shall join in appropriate proceedings a~ t~e lin~8 of ~uch tak)ng to recover lhe iull value of the InlerestS In the Property subjecl io the taking and ~.,11 incidental or direct damages resulling from the taking. All expenses reasonably ir;c¢,'r,~d bt, ',he parties to twa E.,~sement in connection with such taking shall be paid .out of tee reco',.t:red prcca~,ds. Granlee stlail be entitled to a Proportionate Share of the ,emalning rec;vO,'¢d proceeds. The Grantee shall m;e such proceeds actually reOOvered by it In a mariner con~ist~n; with the purpose of !,Wa Easemen!. The respective rights of Grantor and Gr~.mtee 891 forth h'~ rr','2 Section ?.07 shall be in grid!lien lo, and ecl in limitation of, any rights they may hove a comr.'~on W.w with respec110 a modification or termlnalion of this Easement by r~ason of cha~ged ecno~t;on.~ or the exercise of powe~-s of eminent domain as aforesaid. to use the Prolec.;ed rhcp0d),, exc2pI ~.s c, lberwlse recited herein, be conslrued at all times and by ,~1! parties ~ ,¢;ectu;[te i:s F.'u,poses. ;',luthin~ ¢cnd,,r~,~a m this Easemenl granls, nor shall be imorpreted to grant, to tho public 3ny rioht .'.o r.o,q~r ~.t2,an the P~c. tected Properly, excepl for aducallonal and scientific pu,'¢.oses ,,vJih ?.9 F'rior ;-/rit!e(~ consent of both the Grantor and Grsntee. Tho New York State D,~parlrnun! et ~;vironmer~tal Conservation shall also have lhe right of access for scientific purr, doses tmd~r circu'ns!ances of ~ovance notification as described In Section 7.01 and employees or 39ems cl the I~epartment, acting on behalf of the Department, may enter upon the P;otected Properly in order !o protecl, maintain or enhance Ihe natural qualities of the Hal!ock's 9ay tidal w;Jtland reSOUrCe. Such activilies may include, bul are not limited to, the c!ean-up cf poi!uterus [rom adjacent waters or upland point or non-point sources, the prctectior~ of ¢'t~ wetlands from such pollutanls or the protection of indigenous bird, fish, mammal or bok~.nical populations. Prior notice shall be g:ven to the Granlor of the need for such access, However, no prior notice to Grantor shall be required in order tO respond to an emergency, in urder to save human life or natural resources. In no event may the Department admit the general public to the Protec:ed Properly or use or permit the use of the Protecte~ Property :or recreational or commercial purposes. The State's right Io enter the Protected Property is for the limited and temporary purposes indicated, Upon the completion of say such activities, employees or agenls of the Department shall ieave the Proiecte~ Property in its natural conddlon and shall remove any equipment or su,cplies or materiais they have broughl onto the Protected Property. With respect to the rights or the New York State Department of Envlronmenlal Cons@rvafion granted in Sections 7.01 and 8.07 hereof, the S~ate of New York agrees to indemnify and h0M harmless the Grantor and Grantee and ar~y of their direclors, officers, employees, agents, or independen! contraCtorS from and agalnsl any losses, costs, expenses, judgements, or Ilaclllties, Inch]ding, without limitation, reasonable altorneys' fees and dlsburs~me~ls, suifered or incurred by eilher or any of them In connection with or as a resull oi ~,ny InJuw to persons or damages to property arising from any activity on or use of the Prot.~'.;ted ?ropedy, except and to the extent such iS attributable tO the negligence or other torl[ous cond,Jct of the Granlor or Grantee cr the d[reclors, olflcers, employees, agents, or independent contraclors. This duly to indemnify and hold harmless shall be subordinate to and ~ot ir, stead of, D.cw)rage afforded by any insurance policy for the Grantor or Grantee's benefit to the extant thai such insurance ~as actusl!y paid for liability resulting from such Injury to persons or properly. 8.n9 W~-~rr¢,ntles The warranties and represenl~,tion fnade by the parties in this Easement shall survive its execution. The town,his, ~er,T~S, conditions, restrictions arid purposes of this Easement shell run wifh li~e Protected Property, and shall bind Ihe successors and asSgns of each of the parties respectively. This Easefnen[ shall exlend 1o and be binding upon Grantor, Grantor's agents, tenants, he;rs, personal representatives, Successors and assigns. Any righls, obligations, a~ld ;nierests here;n gr.~ntod to Grantee shall also be deemed granted to each of Its agents, successors, .~r~d Assigns and each such following successor and assign, and the word "Grantee" v,l~en used herein shall include ali of those persons or entll~es. Grantee 3o¢,1! h:-~vr~ Ihe r;ght tu rec_.ord this Easement al any time w~tho~t notice to Grantor. 8.12 Headings The headin~0s, fitJes and 5eod¢cs herein have been Inserted solely for convenient reference, and t,h;~ll be ignored in i,'.$ construction. 9 STATE OF NEW YORK COUNTY OF SS.: On this .9a). o! Cctober, 1359. before me personally appeared JOHN HALSEY, who, being by me duiy .~.,c~r,, sa~.~ ~nat h~ res~de~ a~ Sagg Main Street, S~g~nack, New York, that he i~ Pres~denl ot PECON~C ~.~NO ~ R~s'r, the Grantee muntio~ed and described herein and which acknowiedge~ ~nd ;~cep:50 ali nl tt~e r;ghts a~d res~sibllltle5 under the foregoing instrument and the Easement ~nv~yed ~erein; ;~t ~e kr)ows :he seat of said Co.ration; that the seal affixes ~o said [nS~rumer~t I~, such co'p~rate ~6al; that It was so alflxed by autherity of Ihs ~ard ol Directors of the said Ccr~r~.l;Or~; ¢~d [~3i ~e signed his name ihereto by l~ke aulhorl[y. Nola~/Public [REVISED: cJ/I 5/§9] 11 JUDITH T. TERRY ~[OWN CLI. RK REGISTR4ROI V[iAL $1.\l['~ll('S OFFICE OF THE TO'~¥N CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York i 1971 tELEPHONE ~516) 765-1801 July 20, 1983 To: From: Re: Southold Town Board Judith T. Terry~ Town Clerk Scenic and Conservation Easement I again bring to your attention the requesL of Constance J. Terry, Hope (Whitsit) Gillispie and Diana (Whitsit) Alford for renewal of their Scenic and Conservation Ease- ment which expires on May 22~ 1984. JUDITH T. TERRY OFFICE OF THE TOWN CLERK TO~ OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 July 20, 1983 Constance J. Terry Terrywold Main Road Orient, New York 11957 Dear Ms. Terry: In reference to your letter of May 17, 1983 to the Southold Town Board requesting a ten year extension of the Scenic and Conservation Easement, I referred your request to the Town Board on May 17th. To date I have not received a reply from them. I am again, on this date, asking them to consider your request. Very truly yours, Judith T. Terry Southold Town Clerk JUI)ITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 tELEPHONE (516} 765-1801 May 17, 1983 To: Southold Town Board From: Judith T. Terry~ Town Clerk Re: Scenic and Conservation Easement Attached hereto is a letter from Constance J. Terry~ Hope (Whitsit) Gillispie and Diana (Whitsit) Alford requesting a renewal of their Scenic and Conservation Easement which expires May 22~ 1984. I am attaching a copy of the Easement which is presently in effect which you may wish to study to determine whether the conditions are as applicable in 1983 as they were in 1974. Please note: A public hearing must be held in this matter. Terrywold Main Road Orient, N.Y. TOWN OF SOUTHOLD May 17, 1983 SuperviSor William Pell Southold Town Board Town Hall Southold~ N.Y, Gentlemen: We request that the Scenic and Conservation Easement granted in 1974 for a period of ten years on our 37 acres, consisting of two parcels, be renewed for a period of ten years. Sincerely yours, C~nstanC~ J. Te~ ('% ' ' Diana (Whitsit) Alford GRANT OF SCENIC AND CONSERVATION EASEMENT THIS INDENTURE made this 22ndday of l~ay, 1974, by and between CONSTANCE TERRY, residing at Main Road (no number), Orient, Town of Southold, Suffolk County, New York, HOPE T. WHITSIT, residing at Main Road (no number), Orient, Town of Southold, Suffolk Coun~r; :' New York, and DIANA W. WHITSIT, residing at 19 Collinane Driv~[/ Marlbor( Massachusetts (the "grantors"~ and the TOWN OF SOUTHOI..D. 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 a certain parcel of land consisting of 22 acres, more or less, of farmland, marsh land and water . frontage Iocated on the north side of Route 25 in the Hamlet of Orient, Town of Southold, Suffolk County, New York, generally bounded northerly by Long Island Sound; easterly by land of Orville Terry; southerly by Route 25; and westerly by land of Lloyd Terry, said land being shown and designated on a certain map prepared by Roderick Van Tuyl entitled "Map of Property made for Spencer Terry Estate at Orient, Town of Southold. New York", compiled March 13, 1973. And a second parcel of land consisting of 15 acres, more or less, of farmland and marsh land located on the south side of Route 25 at Orient, Town of Southold, Suffolk County, New York, generally bounded northerly by Route 25; easterly by land of Orville Terry; southerly by l..ittle Fay; and westerly by land of Lloyd Terry and F. I,. Terry, said lands being shown and designated on a certain map entitled "Map of Property made for Spencer Terry Estate situate at Orient, Town of Southold, Suffolk County, New York". prepared by Roderick Van Tuyl, compiled on March 13, 1974, and which said two parcels of land are more fully described in Schedule A hereunto annexed and made a part hereof, which said two parcels of land are hereinafter referred to as "the premises", and 7648 SCHEDULE A PARCEL I ALL that certain plot, piece or parcel of land situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York bounded and described as follo~vs: BEGINNING at a concrete monument set on the southerly line of Main Road (State Route 25) at the northeasterly corner of land now or formerly of F. L. Terry; from said point of beginning running thence along said southerly line of Main Road (State Route 25) North 77 degrees 34 minutes 00 seconds East 539.44 feet to land now or formerly of Orville Terry; thence along land last mentioned the following nine courses and distances, to wit: (1) South 9 degrees 35 minutes 20 seconds West 183.99 feet; thence (2) South 75 degrees 49 minutes West 108.80 feet; thence On a tie line course of South 79 degrees 44 minutes 40 seconds East 285.52 feet; thence (4) On a tie line course of South 6 degrees 49 minutes 10 seconds East 92.66 feet; thence (5) On a tie line course of South 4 degrees 45 minutes 50 seconds West 240.83 feet; thence (6) South 18 degrees 05 minutes 40 seconds West 337.47 feet; thence (7) On a tie line course of South 25 degrees 31 minutes 30 seconds East 201.02 feet; thence (8) South 81 degrees 53 minutes 20 seconds West 115.65 feet; thence (9) South 11 degrees 56 minutes 10 seconds East 760 feet, more or less, to the shoreline of Little Bay; thence in a westerly direction along the shore- line of Little Bay a distance of 280 feet, more or less, to land now or formerl~ of Lloyd Terry; thence along land last mentioned and land now or formerly of F. L. Terry the following three courses and distances, to wit: (1) North 13 degrees 55 minutes 10 seconds West 825 feet, more or less; thence (2)~ North 86 degrees 04 minutes 20 seconds East 91. 12 feet; thence (3) North 13 degrees 55 minutes 10 seconds West 1272. 10 feet to a concrete monument set on the southerly line of Main Road (State Route 25) and the point or place of beginning. Containing 15.5 acres, more or less. PARCEL II ALL that certain plot, piece or parcel of land situate, lying and being at Orient, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a concrete monument set on the northerly line of Main Road (State Route 25) at the southeasterly corner of land now or formerly of Lloyd Terry; from said point of beginning running thence along land last mentioned North 12 degrees 33 minutes 50 seconds West 2645 feet, more or less, to the ordinary high water mark of Long Island Sound; running thence along said ordinary high water mark of Long Island Sound in a easterly direction a distance of 450 feet, more or less, to land now or formerly of Orville Terry; running thence along land last mentioned South 11 degrees 05 minutes 00 seconds East 2650 feet, more or less, to said southerly line of Main Road (State Route 25); thence along said southerly line of Main Road (State Route 25) South 77 degrees 34 minutes 00 seconds West 382.31 feet to a concrete monument and the point or place of beginning. EXCLUDING, HOWEVER, from the above described premises that portion thereof having a frontage on the northerly line of Main Road (State Route 25) to a depth of 390 feet . Contai '.n~g22 acres, more or less. WHEREAS, said premises constitute an area of natur@l scenic beauty and whose existing openness, natural condition, or present state of use, if retained would enhance the present potential value of abutting and surrounding properties and would maintain or enhance the conservation of natural and scenic resources; and 1VHElqEAS, 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 Southold; and WHEREAS, Section 247 of the Ceneral Municipal Law of the State of New York provides that municipalities, including Towns, may acquire the fee or a lesser interest, development right, easement, co~.~,nant or other contractual right in and to real property necessary to achieve the aforesaid purposes; and WHEREAS, the grantee, in furtherance of the above policy and in accordance with Section 247 of the Ceneral 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 P. oard of the Town of Southold after due notice ~hereof, with respect to the terms and conditions embraced herein, at which public hearing all interested parties were given an opportunity to be heard; NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration paid by the grantee to the 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 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 permitted in or on the premises, except as required for agricultura] purposes. (b) No development of any kind shall be permitted nor shall any commercial use except agricultural and horticultural uses be made of the premises· erected on the premises· (c) No buildings or structures shall be placed or ~d) No gravel, sand, peat or other material, except salt hay or thatch shall be removed from the premises nor shall any sand, gravel or other materials be placed upon the premises; (e) No roadways or driveways shall be constructed on the premises except unimproved farm roads; (f) The grantee and its authorized agents shall have the right of inspection of the premises at any and all times during the term hereof. 3. The nature, character and extent of limitations on the within grant of easement are as follows: fa) Notwithstanding the provisions hereof, the premises shall remain at all times in the exclusive possession of the grantors (b) All rights, interests and privileges of the grantors in the premises not herein specifically donated, granted, transferre( and conveyed shall remain and reside with the grantors. 4. This agreement may be cancelled by the grantors upon sixty (60/ day s written notice to the grantee and upon payment to the grantee of a sum equal to three times the difference between the amount of -3- real estate taxes paid or assessed against the premises in the year of such cancellation and the amount of real estate taxes that would be assessed against the premises in the year of such cancellation had the premises not been burdened with the provisions of this instrument, both computed 'in the tax year in which the cancellation shall take place. Upon payment of such sum, the grantee shall execute and deliver to the grantor a relesse of easement instrument in recordable form. 5. In the event that the grantors desire to dispose of the premises, or any part thereof, during the term of this agreement, or any renewal or extension thereof, by sale the grantors shall give the grantee thirty (30) days notice cf such proposed sale and the terms thereof. 'l~he grantee shall have the first option to acquire the premises within said thirty (30) day period on the same terms as any such proposed sale. 6. The failure of the grantee to insist upon the strict performance of any of the terms, conditions, covenants, or restrictions contained herein, shall not be deemed a waiver of any subsequent breach or fault in the terms, conditions, covenants or restrictions contained herein. 7. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this agreement shall forthwith cease from the date of title vesting in such proceeding. In such event the grantors shall be required to pay no penal;t les, nor shall the value of the premises be limited by this easement, nor shall any part of any award belong to the grantee. 8. The grantee covenants that to the extent legally permissable, the valuation placed upon the premises for purposes of real estate taxation will be limited by the restriction of this scenic easement in accordance with Section 247 of the C~eneral Municipal Law of the State of New York. 9. All the covenants, conditions, reservations, restric- tions, easements and provisions of this agreement shall continue and remain -4- , ,7648 " /'~Say ofdLZ/m.9--, 1984, at which time ail of the provisiom in effect until the hereof shall be automatically extended for successive periods of one (1) year, unless on or before the ~/~"~ day of ~'/~Lt~, 1984 or sixty (60) days prior to the end of any such extension period, either party hereto shall bywritten 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 TOWN OF SOUTHOLD Supervisor Constance Terry Hope T. Whitsit Diana W. Whitsit STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the ~,2,~'day of "~'~ 1974, 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, Greenport, New York; that he is the Supervisor of the TOWN OF SOUTHOLD, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; and that it was so affixed by order of the Town Board of said municipal corporation and that he signed his name ther_~to by lik_g,.order Notary Public ROBERT W. TASK£R STATE OF NEW YORK) NOTARY PUB[1¢, State of New York SS. : Suffolk County No. 52-3933725 T r Term E~pir~s I.?:rch 30. 1975 COLNTX OF SUFFOLK) On the~day of ~ 1974, before me personally came CONSTANCE TERRY and HO~ T. WHITSIT, to me known to be the -5- individuals described in and who executed the foregoing instrument, acknowledged to me ~hat they executed the same. and they / ROBERT W. '[ASKER STATE ©F - -;~*"~-~'" ) NOTARY pUBLfC, State of New S S.: Suffolk Coun~ No. 52-3933725 Term E,~ires ~.~rch 3~, t975 COUNTV ~ ~~ ~-) STATE OF Massachusetts COUNTY of Middlesex, ss. On the 28th day of May, 1974, before me personally came DIANA W. WHITSIT, to me known to be the individual described in and who executed the foregoing instrument, and X~H she acknowledges to me that she executed the sa~e. Termexpires in June 20, 1980. I, RICHARD S. SANDERSON, Clerk of the District Court of Natick, within and for said County of Middlesex, and Commomvealth of Massachusetts, the same being a Court of Record, DO HEREBY CERTIFY [hat ...... ~.~.~...~.~....~.~.~r~ ............................................. Esquire, whose name is subscri~d to ~e annexed ins~ment and thereon written, was, at the t~e of ~king such acknowled~ent, a NOTARY PUBLIC in and for said Commonwealth of Massa- chusetts, duly ~mmissioned and qua~ed, and authorized by ~e laws of said Commonwealth to take the proof of acknowled~ent of d~ds, oa~s, and other ins~ments in ~ting to be re~rded in said ~onweal~; ~at I have ~mpared ~e si~ature of such Nota~ Public upon the original ce~cate wi~ a specimen of his signature deposited in my o~lce and that I believe ~e signore of ~ch Nota~ Public on said ori~nal c~flcate to be genuine; and · at the annexed instrument ap~a~ to ~ ex~uted and acknowledged according to the laws of said CommonwealS. Wi~ess, my han~, and ~e seal of said Co~, at Nafick, in said Coun~ and ...... ~.~'~..~.~.4,,~. ~ ~ ............. Clerk -6- Public Hearing held at 3:3© p.m. on May 21, 1974 Present were : Supervisor Albert Martocchia, Justice Martin Suter, Justice Louis Demarest, Councilman James Homan and Councilman James Rich, Jr. and Justice Francis Doyen. Councilman Rich read the notice of hearing. NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Tow~ Board of the Town of Southold, Suffolk County, New York at the Supervisor's Office, 16 South Street, Green- port, New York on the 21st day of May, 1974, at 3:30 o'clock p.m. in the matter of the grant of a scenic and/or conserva- tion easement by Hope T. Whitsit and others to the Town of Southold to effect two parcels of real property owned by the said Hope T. Whitsit and others, said parcels generally described as follows: PARCEL I: A certain parcel of land consisting of 15.5 acres, more or less of farm, wood and meadow lands located on Main Road (State Route 25) in the Hamlet of Orient, Town of Southold, County of Suffolk and State of New York, generally bounded northerly by Main Road; easterly by lands of Orville Terry; southerly by Little Bay; and westerly by lands of Lloyd Terry and F. L. Terry. PARCEL II: A certain parcel of land consisting of 22 acres, more or less of farm and wood lands located on the north side of Main Road (State Route 25) in the Hamlet of Orient, Town of Southold, County of Suffolk and State of New York, generally bounded southerly by Main Road; easterly by lands of Orville Terry; northerly by Long Island Sound; and westerly by lands of Lloyd Terry. The proposed grant of easement containing the terms and conditions thereof, and the land effected thereby, is on file in the Southold Town Clerk's Office, Main Street, Southold, New York, and may be examined by any person inter- ested therein. Dated: April 23, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK Proof of publication was presented by the Suffolk Weekly Times and the Long Island Traveler - Mattituck Watchman. Supervisor: You have heard the legal notice read, the proof of publication, the acreage involved and the purpose of the negative easement. Is there anyone who would like to speak in favor or opposed to this application. Mrs. Lorraine Terry, North Fork Environmental Council: I am in favor. Tow~ Hearing - 2 - May 1974 Supervisor: Is there anyone else who wishes to speak? There being none, I will now declare the hearing closed and there will be a determination made in the near future. Respectfully submitted, Muriel Brush, Secretary STATE OF NEW YORK: COUNTY OF SUFFOLK: So: ALBERT W. R£CHMOND, of Souuhold, T,:.¢n ,.~ Southcld, New York, being duly sworn, says ~hat he ~s age of twenty-one years; that on the 10th day of May 1974 , he affixed a notice of %~hich the annexed prin_ed is a true copy, in a proper and s~bstantial manner, public place in the Town of Scathoid, Suffolk Countf, York, to wit:- Public Hearing - 3:30 P.M., May 21, 1974 Scenic Easement - Hope T. Whitsit & others Town C~erk Bulletin Board, To~,.zn Clerk Office Main Road, Southold, L.I.,N.Y. Sworn to before me this loth day of May Albert W. Richmond, Town Ck~-r~ 1974 ~otary Public NOTICE OF HEARING NOTICE IS HEREBY GIVEN. thai a public hearing ~ill bc held b> the Town Board of the Town of Sotllhold. Stlffolk Coutlty. New York at the Superxisor's Office. 16 Soulh Street. Greenport, New York on the 21st cia> of May. Iq?4, at 3:30 o'clock P.M. in the Hope T. Whitsit and others to the ~lo~n of Southold to effect t~o parcels of real propcrt> owned by the said Hope T. Whitsit and olbers, said parcels generally PARCEL 1 A certain parcel of lautl lands located on Main Road {State Route 2S) in the Hamlet of Orient. Iown of Southold. Count>' of Suffolk and State of Ne~ York. generally bounded northerl> by Main Road; easterly by [allds of Orville Terry: southerly by Little Bay: and westerl> b> lands of Lloyd Terry and F.L. ]-err>. PARCEL 11 A certain parcel of land COuf'~TY OF SUFFOLK ~¥,:',TE OF NDN YORK tho Editor ,~ THE LC~NG i:-~a F!D Noted-y Ptlbhe At a meeting of the Town Bo,owd o[ the Town of Southold hc]d Supervisor's Office, 16 South Street, Greenport, New of April, 1974. WIfERE,-\S, Hope T. Whitsit of Orient, New York, arid other's have submitted to lhis Board a ~'oposed agroemcml iuw~lvin~ Iww, pam:cl~ of I:md at Orient, New York owned by the said Hope T. Whitsit and others upon which the said Hope T. Whitsit and others propose to grant to the Town of a scenic and/or conservation easement, and WIIEREAS, the Board has examined the pt'oposed agreement and believes that it is in the public interest to acquire the easement proposed by the said Hope T. Whitsit and others erfeciing the real pt'opct'ty ctcscr'ibed said agreement, and ~VHI~iRIC.'XS. Section 247 of the Goner'al Municipal l,aw p,'ovi~lcs Ih;ti. · this Board shall hold a public hearing with respect lo ~nid arant of NOW, T~REFOHE, BE IT HESOLVED that a pnblic hearing be held by this Board at the Superviaor's Office, 16 Sot~th Street, Grecnpot't, New York on the 2Zstday of May, 1974, at 3:30 n'cl<~ok P.M. in matter of the grant of a scenic and/or conservation easement by [[r~pc Whitsit and others to the Town of Southold in accordance with thc afm'esaid agreement presented to this Board, and it is further RESOI,VEI), that the Town Clork cause notico o1' sltch hca~'inll published in accordance with law. 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 21st day of May, 1974, at 3:30 o'clock P.M. in the matter of the grant of a scenic and/or conservation easement by Hope T. Whitsit and others to the Town of Southold to effect two parcels of real property owned by the said Hope T. Whitsit and others, said parcels generally described as follows: PARCEL I A certain parcel of land consisting of 15.5 acres, more or less of farm, wood and meadow lands located on Main Road (State Route 25) in the Hamlet of Orient, Town of Southold, County of Suffolk and State of New York, generally b~nded northerly by Main Road; easterly by lands of Orville Terry; southerly by Little Bay; andwesterly by lands of Lloyd Terry and F.L. Terry. PARCEL II A certain parcel of land consisting of 22 acres, more or less of farm and wood lands located on the north side of Main Road (State Route 25) in the Hamlet of Orient, Town of Southold, County of Suffolk and State of New York, generally bounded southerly by Main Road; easterly by lands of Orville Terry; northerly by Long Island Sound; and westerly by lands of Lloyd Terry. The proposed grant of easement containing the terms and conditions thereof, and the land effected thereby, is on file in the Southold Town Clerk's Office, I¥[ain Street, Southold, New York, and may be examined by any person interested therein. Dated: April 23, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK May 1, 1974 Copies to: The Suffolk Times The Long Island Traveler-Mattituck Watchman ?: L/x~4 ~ oF"