HomeMy WebLinkAboutKaloski, PaulPETITION FOR SCENIC AND CONSERVATION EASEMENT
WITHDRAWN ON MAY 25, 1976.
GRANT OF SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this day of 1976, by and
between PAUL KALOSKI, residing at Alvah's Lane, Cutchogue, Town of
Southold, Suffolk County, New York (the "grantor") and the TOWN OF
SOUTHOLD, a municipal corporation of the State of New York, having its
office at 16 South Street, Greenport, Suffolk County, New York (the "grantee"),
WHEREAS, the grantor is the owner of a certain parcel of l~md
consisting of 30 acres, more or less, of farmland and woodland located on the
east side of Alvah's Lane in the Hamlet of Cutchogue, Town of Southold,
Suffolk County, New York, generally bounded northerly by land of Blachly;
easterly by 75 Highland Road Corp. and Crown Land Lane subdivision;
southerly by lands of Grathwohl, Horton and Sawastynowicz; westerly by
Alvah's Lane and lands of Sawastynowicz, Lipnicki and M. Kaloski, said land
being shown and designation on a certain map prepared by Roderick Van Tuyl
entitled "Map of Lands Owned by Paul Kaloski at Cutchogue, Town of Southold,
New York", dated April 1, 1976.
And a second parcel of land consisting of 33.5 acres, more or less,
of farmland located on the west side of Alvah's Lane, Cutchogue, Town of
Southold, Suffolk County, New York, g. enerally bounded northerly by land of
Bonkoski; easterly by Alvah's Lane and lands of Kaloski, Waimey and
Kapuoto; southerly by land of Haurus; and westerly by lands of Roweh] and
Bonkoski, said lands being shown and designated on a certain map entitled
"Map of Lands Owned by Paul Kaloski at Cutchogue, Town of Southold, New
York", prepared by Roderick Van Tuyl, dated April 1, 1976; 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
WHEREAS, said premises constitute an area of natural scenic beauty
and whose existing openess, natural condition, or present state of use, if
retained would enhance the present potential value of abutting and surrounding
properties and would maintain or enhance the conservation of natural and
scenic resources; and
WHEREAS, the grantor wishes 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 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 aforesaid
purposes; and
WHEREAS, the grantee, in furtherance of the above policy and in
accordance with Section 247 of the General Municipal Law wishes to accept
the scenic and conservation easement hereby proffered by the grantor, and
WHEREAS, a public hearing was held by the Town Board of the Town
of Southold after due notice thereof, with respect to the terms and conditions
embraced herein, at which public hearing all interested parties were given
an opportunity to be heard;
NOW, THEREFORE, in consideration of One ($1.00) Dollar and
other good and valuable consideration paid by the grantee to the grantor the
receipt of which is hereby acknowledged, this agreement witnesseth that:
1. The grantor does hereby donate, grant, transfer and convey
to the Town of Southold, a scenic and conservation easement in gross, of the
nature, character and to the extent hereinafter set forth, over and upon the
premises.
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2. The nature, character and extent of the easement hereby
granted is as follows:
(a) No dredging, excavating, or land fill operations
shall be authorized or permitted in or on the premises, except as required
for agricultural purposes.
(b) No development of any kind shall be permitted nor
shall any commercial use except agricultural and horticultural uses be made
of the premises.
(c) No building or structures shall be placed or
erected on the premises.
(d) No gravel, sand, peat or other material, except
salt hay or thatch shall be removed from the premises nor shall any sand,
gravel or other materials be placed upon the premises;
(e) No roadways or driveways shall be constructed on
the premises except unimproved farm roads;
(f) The grantee and its authorized agents shall have
the right of inspection of the premises at any and all times during the term
hereof.
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 at all times in the exclusive possession of the grantor.
(b) All rights, interests and privileges of the grantor
in the premises not herein specifically donated, granted, transferred and
conveyed shall remain and reside with the grantor.
4. This agreement may be cancelled by the grantor upon sixty
(60) days written notice to the grantee and upon payment to the grantee of a
sum equal to three times the difference between the amount of real estate
taxes paid or assessed against the premises in the year of such cancellation
and the amount of real estate taxes that would be assessed against the prem-
ises in the year of such cancellation had lhe premises not been burdened with
~e
provisions of this instrument, both computed in the tax year in which the
cancellation shall take place. Upon payment of such sum, the grantee shall
execute and deliver to the grantor a release of easement instrument in
recordable form.
5. In the event that the grantor desires to dispose of the
)remises, or any part thereof, during the term of this agreement, or any
renewal or extension thereof, by sale, the grantor shall give the grantee
thirty (30) days notice of such proposed sale and the terms thereof. The
grantee shall have the first option to acquire the premises within said thirty
(30) day period on the same terms as any such proposed sale.
6. The failure of the grantee to insist upon the strict
performance of any of the terms, conditions, covenants, or restarictions
con'tained 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 grantor shall
be required to pay no i;penalties, nor shall the value of the premises be
limited by this easement, nor shall any part of any award belong to the
grantee.
8. The grantee covenants that to the extent legally permissable,
the valuation placed upon the premises for purposes of real estate taxation
will be limited by the restriction of this scenic easement in accordance with
Section 247 of the General Municipal Law of the State of New York.
9. All the covenants, conditions, .reservations, restrictions,
easements and provisions of this agreement shall continue and remain in
effect until the day of 1986, at which time all of the
provisions hereof shall be automatically ex~ended for successive periods of
one (1) year, unless on or before the day of 1986 or
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sixty (60) days prior to the end of any such extension period, either party
hereto shall by written instrument duly recorded in the Suffolk Counly
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.
Paul Kaloski
TOWN OF SOUTHOLD
By
STATE OF NEW YORK)
SS. :
COUNTY OF SUFFOLK)
On the day of 1976 before me personally came
~%LBERT 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 C~ SOUTHOLD, the corporation
described in and which executed the foregoing instrument; that he knows the
seal of said corporation; thai 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 thai he signed his name thereto by like order.
Notary Public
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the day of , 1976, before me personally came
PAUL KALOSKI, to me known to be the individual described in and who
executed the foregoing instrument, and he acknowledged to me that he
executed the same.
Notary Public
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SCHEDULE A
PARCEL I
ALL that certain plot, piece or parcel of land, situate, lying and being
at Cutchogue, in the Town of Southold, County of Suffolk and State of New
York, bounded and described as follows:
BEGINNING at a point on the easterly line of Alvah's Lane 1177 feet
northerly along said line from Main Road, said point being the northwesterly
corner of land of Sowastynowicz; running thence along said easterly line of
Alvah's Lane northerly 640 feet; thence easterly along land of Grohoski 150
feet; thence northerly along said land of Grohoski 100 feet; thence easterly
along land of Lipnicki 280 feet; thence northerly along said land of Lipnicki
100 feet; thence westerly along said land of Lipnicki 430 feet to Alvah's Lane
thence along said Alvah's Lane northerly 255 feet; thence along land of
Michael Kaloski easterly 150 feet; thence along said land northerly 150 feet;
thence along said land westerly 150 feet to Alvah's Lane; thence along said
Alvah's Lane northerly 475 feet; thence along land of Blachly easterly 405
feet; thence southerly along said land 705 feet; thence easterly along said
land 395 feet; thence along land of 75 Highland Road Corp. and land of
"Crown Land Lane" subdivision southerly 1805 feet; thence westerly along
said "Crown Land Lane" and land of Grathwohl 350 feet; thence northerly
along land of Horton 260 feet; thence westerly along said land 265 feet to
said land of Sowastynowicz; thence northerly along said land 335 feet;
thence westerly along said land 200 feet to the point of beginning. Containing
30.0 acres, more or less.
PARCEL II
ALL that certain plot, piece or parcel of land, situate, lying and being
at Cutchogue, in the Town of Southold, County of Suffolk and State of New
York, bounded and described as follows:
BEGINNING at a point on the westerly line of Alvah's Lane 1730 feet
northerly along said line from Main Road; running thence along other land
of Paul Kaloski westerly 350 feet; thence along said land of Kaloski and
land of Waimey southerly 720 feet; thence easterly along said land of Waime'
105 feet; thence southerly along land of I<apusta 155 feet; thence westerly
along land of Haurus, 470 feet; thence northerly along land of Rowehl 2230
feet; thence along land of Bonkoski easterly 330 feet; thence northerly along
said land 450 feet; thence again easterly along said land 340 feet to Alvah's
Lane; thence southerly along said Alvah's Lane 1860 feet to the point of
beginning. Containing 33.5 acres, more or less.
Apr~-I 1, 1976
DESORIPTIONI Paul E~osk~ Proper~y
Alvah' s' Lane, Cutchegu~
Parcel I - East side Alvah'm Lane
Beginning at a poin$ on the easterly line of Alv~'s Lane
1177 feet norther~ff along s~td l~e from ~.~in ROad, ss.id point
being the northwesterly corner of la~ of S~wastyn~om$ ru~
thence along sad easterly l~-ne of Alv-ah's dane northerly 640
fee~S ~hence easterly e~or~ laud of Grohoaki 150 fee~S thence
northerly alon~ s~ld la~ of Groho~l 100 feet; thence e~terly
along land of Llpni~ki 280 feet; thence northerly s.long said
l~md of Lip~eki 100 feets ~t~enc® westerly ~_long s~ld l~md of
Llpniek~ 430 feo~ $o .~lv~dx's ~ane; thence alo~ said Alv~h~e
I~u~e northerly 255 feets thence along l~i of ~ohaeX EaXeaki
easter/~v 150 feets ~henoe ~ said ~ ~rt~r~. 150
~oe ~ s~d 1~ wee~er~ I~ feet ~o ~'s ~e$ ~ee
~ maid ~.'e ~e no~r~ 475 fee~$ thence ~ ~ of
~ eas~er~ 405 Eeet~ then~ s~ther~ ~o~ s~d ~ 70~
feets ~hen~ easterly ~ said 1~ ~95 fe~$ thence ~
~d of 7~ ~ R~ 00~. ~ ~d of "Cro~ ~ ~'
division southerly 1~ fee~$ thee wester~ ~ maid "Cro~
~ ~" ~ ~d of G~thwo~ 3~ fee~$ thence
~ 1~ of ~on 260 fee$$ t~n~ westerly ~ s~d
said ~ ~5 f~tl then~ wester~ ~o~ said ~ 2~ f~tto
the po~ of be~, Cont~ 30.0 mo~ or le~,
Parcel Ii - West side Alvah's "ane
Begt.~tng at a point on the westerly 1~ o~ Alva's Lane
17~O feet northerly a.long said ~ f~m ~ ~l ~m-t.~g t~
~o~ other ~ of Pa~ ~o~ wes~er~ 350 feeti :~enoe ~o~
said !=-d of ~o8~ ~ ~d of W~y souther~ 720 feeti t~noe
easter~ ~o~ s~d ~ of W~y 10~ feet l ~noe eou~er~ ~o~
1~ of ~p~a 155 feet~ thee ~lter~ ~ 1~ ~f ~,
470 feet$ ~he~e no~rly ~o~ 1~ of ~ 22~0 fee%S ~enoe
~o ~'a ~$ ~en~e s~uther~ ~o~ s~d ~v~'s ~e t860 fee%
to %he po~t of be~. 0~%~ ~3.~ mo~ or less, acres.
The abo~ ~s%~ceS be~ more or less.
ROD~RIOK VAN TUYL,
To! ~. ~ehael Kolo~k~
RFD #1 BOX 186
ALVAH' S LANE
CUTCHOGUE, NEW YORK
11935
May 11, 1976
Mr. Albert Martocchia
Supervisor of Southold Town
16 South Street
Greenport, New York 11944
Dear Sir:
Since I requested an easement on my farm and
because of family disagreements, I wish to withdraw
my application for the scenic and/or conservation
e~semonte
I also request that the scheduled Public Hearing
be cancelled, which is being held Tuesday, May 25, 1976,
at 3:30 P. M.
Thank you for your cooperatioh concerning this
matter.
Very truly yours,
PAUL KALOSKI
STATE OF NEW YORK:
COUNTY OF
SS:
SUFFOLK:
JUDITH T.
Southold, New York, being duly sworn,
age of twenty-one years; that on the
1976 she affixed a
notice is a true copy,
most public place
York, to wit:-
Town Clerk Bulletin Board,
Main Road, Southold,
notice of which
Town Clerk of the Town of
says that she is over the
12th day of Ma~
the annexed printed
in a proper and substantial manner, in a
in the Town of Southold, Suffolk County, New
Town Clerk Office
N.Y. 11971
Notice of Hearing upon application for a grant of scenic and/or
conservation easement by Paul Kaloski to the Town of Southold.
May 25, 1976 3:30 P.M., Supervisor's Office, Greenport, N.Y.
~ Judith T. ~, ~n Clerk
Sworn to before me this
12th day of May
19 76
-- ~otary Public
[LIZABEIH ANN NEVILLE
NOTARY PU8£1C, Stat. of New York
No. 52-8125850. Sut[olk Cou~t
rerm
Exmres
March 30, 19~_~
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN,
that a public hearing will be held
by the Town Board of the Town of
Southuld, Suffolk County, New
York at the Supervisor's Office,
16 South Street, Greenport, New
York on the ~ day of May 1976
at 3:a0 o'clo~R,~i;~tn the matter
of the gran~.~ seanic and-er
conservatioa ~t by Paul
Kaloski to the~i$o~huld to
effect two ~ of real
property ownS. ;~.said Paul
Kaloski and g~ described
PARCEL 1
A ceftin l~rcel ~ land con-
sisttog ~ SO.4~es, m~e or less,
of farmlem[ and woodland
located on th~ ~ side of Albah's
Lane, ~ Town of
Soda. d, S~..~y, New
York, $~ner~ll.~ ~ nor-
therl¥~ by i~'~f' Bi~chly;
easterly by ~.High~ Road
Corp. and Cr~ Lmld Lane
subdivision; southerly by lands of
Grathwohl, ' Horton and
Sawastynowicz; westerly by
Alvah's Lane and lands of
Sawastynowicz, Lipnicki and M.
Kaloski.
PARCEL I1
A certain parcel of land con-
sisting of 33.5 acres, more or less,
of farmland located on the west
side of Alvah's Lane, Cutcho~ue,
Town of Southold, Suffolk County,
New York, generally bounded
northerly by land of Bonkoski;
easterly by Alvah's Lane and
lands of Kaloski, Waimey and
Kapuoto; southerly by land of
Ha~us; and westerly by lands of
Rowehl and Ronkoski.
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 interested therein.
~ BOARD
' 'ff0~T. ~OKEN
TOWN CLERK
1TM6--2370
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
31;uarl; C. Dorman
...................................... being duly Sworn,
says that . .. ~.. is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county; and ~hnt the notice, of which the annexed is a printed
copy, has been published in the s~id Suffolk Weekly/ Times
once in e~ch week, tot ........ '?9.e...(.1.). .......... weeks
svccessively commencing on the ...S.i..xy.t.~ .................
Ma~k._ ~ ~o 76
day of ..... C' ' ' '~:~2,~_LLLL ........
~ ~.~-;; ~-./. ~>.?..~. f~i .'!.~..~... ~..~ .... :. ~ .......
Sworn to belore me this ...
~ny of ....... . .:,v, ....... 19. ~.~.
......... .k_ ~..~ ................ ~ ............
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN,
that a ~ubllc~g will be h~eld
by the Town Board 'of the Town of
Southold, Suffolk County, New
York at the Supervisor's Office,
16 Sottth Street, Greehp0rt, New
· York On the 25th day of May, 1976
at ~r:.30 ?clock P.M. 'in the matter
of the grant of a scenic and/or
conservation easement by Paul
Kaloski to the Town of Southold
to effect two parcels of real
property owned by the said Paul
Kaloski and generally described
as follows:
PARCEL 1
A certain parcel of land consist-
lng of 30 acres, more or less, of
farmland and woodland located
on the east side of Alvah's Lane,
Cutchogue, Town of Southold,
Suffolk County, New York, gcn-
erally bounded northerly by [and
of Blachly; easterly by 75 High-
land Road Corp. and Crown Land
Lane subdivision; southerly by
lands of Grathwohl, Horton and
Saw_w.~astynowicz: westerly by
Alvah's Lung and lauds of S~was- ,
tyno~icz, 'LipnK~rt and M.
Kaloski.
PARCEL Il
A certain parcel of land consist-
ingof33.5 acres, more or less, of
farmland located on thc west side
of Alvah's Lane, Cutcbogue,
Town of Southold. Suffolk
County, New York. generally
bounded northerly by land of
Bonkoski; easterly by Alvah's
Lane and lands of Kaloski.
Waimcy and Kapuoto: southerly
by land of Haurus; and westerly
by lands of Rowehl and Bonkoski.
The proposed grant of ease-
mcat containing the terms and
conditions theroof, 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 interested therein.
Dated: April 27, 1976
BY ORDER OF THE SOUTHOLD
TOWN BOARD
JUDITH T. BOKEN
TOWN CLERK
IT-$/6
COUNTY OF SUFFOLK [ ss:
STATE OF NEW YCRK t
5herle¥ Kotz, being duly sworn, says that she is on
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper r~rinted at Southold, in Suffolk County;
and timt the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ............. [ .......................... weeks
Sworn to before me this ....... I. ............... day of
No~'ary PubLic ,~
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 25th day
of May 1976 at 3:30 o'clock P.M. in the matter of the grant of a scenic
and/or conservation easement by Paul Kaloski to the Town of Southotd to
effect two parcels of real property owned by the said Paul Kaloski and
generally described as follows:
PARCEL I
A certain parcel of land consisting of 30 acres, more or less,
of farmland and woodland located on the east side of Alvah's Lane,
Cutchogue, Town of Southold, Suffolk County, New York, generally
bounded northerly by land of Blachly; easterly by 75 Highland
Road Corp. and Crown Land Lane subdivision; southerly by lands
of Grathwohl, Horton and Sawastynowicz; westerly by Alvah's Lane
and lands of Sawastynowicz, Lipnicki and M. Kaloski.
PARCEL II
A certain parcel of land consisting of 33.5 acres, more or less,
of farmland located on the west side of Alvah's Lane, Cutchogue,
Town of Southold, Suffolk County, New York, generally bounded
northerly by land of Bonkoski; easterly by Alvah's Lane and lands
of Kaloski, Waimey and Kapuoto; southerly by land of Haurus;
and westerly by lands of Rowehl and Bonkoski.
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 interested therein.
Dated: April 27, 1976
BY ORDER OF THE SOUTHOLD
TOWN BOARD
JUDITH T. BOKEN
TOWN CLERK
PLEASE PUBLISH ONCE, MAY 6, 1976, AND FORWARD TWO AFFIDAVITS OF
PUBLICATION TO JUDITH T. BOKEN, TOWN CLERK, MAIN ROAD, SOUTHOLD,
~EW YORK.
2opies on 4/29/76 to:
The Suffolk Times
The Long Island Traveler-Mattituck
Mrs. Michael Kaloski
Watchman