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HomeMy WebLinkAboutL 9105 P 290IST. 000 EC. 032.00 I~. 01.00 P/o 12.000 ICglO GRANT OF SCENIC AND CONSERVATION EASEMENT THIS INDENTURE made this ~F day of ~~, and between GEORGE R. LATHAM, JR., residing at Private Road, 1981, by Orient, Town of Southold, Suffolk County, New York (the "grantor") and the TO~fN OF SOUTHOLD, a municipal corporation of the State of New York, having its office at (No Number Route 25, Southold, Suffolk County, New York (the "grantee"). WHEREAS, the grantor ms the owner of a certain parcel of land consisting of 5.3 acres, more or less, of meadow located on the southwest side of King Street in the Hamlet of Orient, Town of Southold Suffolk County, New York, generally bounded northerly by Gid's Bay; easterly by Pete Neck Creek; southerly by Orient Harbor; and westerly by other lands of the grantor, said land being shown and designated on a certain map prepared by Roderick Van Tuyl, P.C. entitled, "Minor Subdivision made for George R. Latham, Jr. at Orient, Town of Southold, New York," dated April 2, 1981 and last amended August 10, 1981, and which parcel of land is more fully described in Schedule "A" hereunto annexed and made a part hereof, which 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 SCHEDULE "A" IST. 000 EC. ,~2. O0 LK. 1.00 OT 12.00( BEGINNING at a point at the southwesterly terminus of a certain 25 foot . private road and running along said line of private road North 18° 37' East, 25 feet; THENCE North 34~ 00' East, 265 feet to the ordinary high water mark of Pete Neck Creek; THENCE southeasterly and then southerly along Pete Neck Creek 1050 feet; THENCE northwesterly along the shore of Orient Bay 400 feet, to a point;, THENCE North 12° 52' 20" East 420 feet; THENCE North 71° 23' West, 107 feet to the point of BEGII~ING. Containing 5.3 acres, more or less. -7- W-HEREAS, the grantor wishes to grant a scenic and conserva- tion 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 -2- 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 re- quired 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. -3- 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 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 release of easement instrument in recordable form. 5. In the event that the grantor desires to dispose of the premises, or any part thereof, during the term of this agreement, or an, 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 premises within said thirty (30) such proposed sale. the first option to acquire the day period on the same te~ms as any demned or cease from the date of title vesting in such proceeding. event the grantor shall be required to pay no penalties, 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 default inthe terms, conditions, covenants or restrictions contained herein. 7. If the whole or any part of the premises shall be con- taken by eminent domain, then this agreement shall forthwith In such nor shall the -4- value of the premises be limited by this easement, nor shall any ~art of any award belong to the grantee. 8. The grantee covenants that to the extent legally per- missable, 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 22nd day of October , 1991, at which time all of the provisions hereof shall be automatically extended for successive~ periods of one (1) year, unless on or before the 22nd day of AuKust 1991, or sixty (60) days prior to the end of any such extension period,~ either party hereto shall by 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. R. Latham, Jr. TOWN OF SOUTHOLD STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the ~--~day of ~,/-~'~, 1981, before me personally came GEORGE R. LATHAM, JR., 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. ~ Ndt~ry Public JUDITH T. TERRY Notary Public, State of ~e~ York Ho. 52-0344963 Suffolk Commission Expires ;%~iarch STATE OF NEW YORK) COUNTY OF SUFFOLK) On the 20th day of October , 1981, before me personally came William R. Pell. III ., to me known, who, being by me duly sworn, did depose and say that he resides at Anglers Road, 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 bv order of the Town Board of said municipal corporation and that he signed his name thereto by like order. ~/Nbt ary Public JUDITH T. TERRY Notary Public. StaLe of New York NO. 52-O3~953 S[J~foJk Countyc/ Commission Expires ~.iarch 30, -6- PUBLIC HEARING SOUTHOLD TOWN BOARD OCTOBER 20, 1981 IN THE MATTER OF THE GRANT OF SCENIC EASEMENT BY GEORGE R. LATHAM TO THE TOWN OF SOUTHOLD ON CERTAIN REAL PROPERTY OWNED BY SAID GEORGE R. LATHAM AT ORIENT, NEW YORK. SUPERVISOR PELL: I call the hearing of George R. Latham in order and Councilman Murdock will read the public notice. COUNCILMAN MURDOCK: "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 Southold Town Hall, Main Road, Southold, New York on the 20th day of October, 1981 at 3:30 P.M. in the matter of the grant of scenic easement by George R. Latham to the Town of Southold on certain real property owned by said George R. Latham at Orient, New York, and described as follows: "Beginning at a point at the southwesterly terminus of a certain 25 foot private road and running along said line of private road North 18© 37' East, 25 feet; thence North 34° 00' East, 265 feet to the ordinary high water mark of Pete Neck Creek; thence southeasterly and then southerly along Pete Neck Creek 1050 feet; thence northwesterly along the shore of Orient Bay 400 feet, to a point; thence North 12© 52' 20" East 420 feet; thence North 71© 23' West, 197 feet to the point of beginning. Containing 5.3 acres, more or less. "The proposed grant of scenic easement containing the terms and conditions thereof, and the land affected thereby, is on file in the Southold Town Clerk's Office, Town Hall, Main Road, Southold, New York, and may be examined by any person interested therein. Dated: October 6, 1981, By Order of the Southold Town Board, Judith T. Terry, Town Clerk" I have an affidavit from Patricia Wood testifying that it was published in the Traveler-Watchman. I have an affidavit from Troy Gustavson testifying that it was published in the Greenport Suffolk Weekly Times. I have an affidavit from Judith T. Terry, Town Clerk saying that the notice was posted on the Town Clerk's BUlletin Board. That's all of the notices, Bill. SUPERVISOR PELL: Thank you very much. You heard the reading of the public notice. At this time I would like to ask if anybody wishes to speak in favor of the application? Now is the time to speak. Mr. Price. IRVING L. PRICE, JR., ESQ.: Mr. Supervisor and members of the Town Board. ~y name is Irving L. Price, Jr. I am an attorney at Greenport at 828 Front Street. I appear on behalf of George R. Latham, Jr.,the proposed grantor of this easement and urge the Town Board to enact an agreement of this easement on the PAGE 2 - Publi~aring, Southold Town Boa~ October 2, 1981 In the matter of the grant of scenic easement by George R. Latham to the Town of Southold on certain real property owned by said George R. Latham at Orient, New York. grounds that it is in the public interest to acquire this real property for the preservation of open space and to preserve the beauty and natural conditions of estuarine areas in the Town of Southold. I understand that there is a separate letter here on behalf of the applicant limiting this easement to ten years so that it may be reviewed in the future by his successors and urge that this easement be limited to ten years. Thank you. SUPERVISOR PELL: Thank you. Counsel, the letter is signed by G. Ritchie Latham, Jr. and the application is by George R. Latham. I presume they are one and the same? MR. PRICE: Yes. I could say it is almost as bad as William Rodman Pell and you know how many there are of them. This is the same person. SUPERVISOR PELL: I just wanted to make sure they are the same. Let the record so state they are both the same person. Thank you. Does anybody else wish to speak in favor of the applicant? (No response.) Does anybody wish to speak in opposition to the scenic easement? (No response.) Anybody wish to be heard at all on it? Larry? COUNCILMAN MURDOCK: This morning in the ten years with an option for ten years, Latham, or is it just the ten years? work session we discussed is that agreeable to Mr. MR. PRICE: Mr. Murdock, we prefer just ten years on the grounds that the then successors would have an opportunity to review it. COUNCILMAN MURDOCK: Thank you. SUPERVISOR PELL: Anybody else wish to speak on the application? TOWN CLERK TERRY: I might read that provision. SUPERVISOR PELL: The Town Clerk will read the provision. TOWN CLERK TERRY: "9. All the covenants, conditions, reservations, restrictions, easements and provisions of this agreement shall continue and remain in effect until the"-- and it would be ten years from the date that the Board, if they do, grant this--"at which time all the provisions hereof shall be automatically extended for successive periods of one (1) year, unless on or before the"-- and that would be sixty days prior to the end of each such extension period---"either party hereto shall by written instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same." So that provides for the automatic extensions as I read and giving sixty days prior notice. SUPERVISOR PELL: Thank you. Does anybody else wish to be heard PAGE 3 - Public~earing, Southold Town October 2, 1981 In the matter of the grant of scenic easement by George R. Latham to the Town of Southold on certain real property owned by said George R. Latham at Orient, New York. on this? (No response.) and return to the regular If not, I'll declare the hearing closed, Town Board meeting. ith T. Terry ~ Southold Town Clerk COUNTY OF SUFFOLK ss; STATE OF NEW YORK LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIV. EN that a public hearing v~ill be held by the Town Board of the Town of Southold, Suffolk County, New York at the Southold Town Hall, Main Road, Southold, New York on the 20th day of October, 1981 at 3:30 P.M. in the matter of the grant of scenic easement I~y Oeorge R. Latham to the Town of $outhold on certain real property owned by said George R. Latham at Orient, New York and described as follows: BEGINNING at a point .at the southwesterly terminus of a certain 25 foot private road and running along said line of private road North 18° 37' East, 25 feet; THENCE North 34° oo' East,'2~-reet ~',the ordinary high water mark of Pete Neck Creek; THENCE southeasterly and then south- erly along Pete Neck Creek 1050 feet; THENCE north- westerly along the shore of Orient Bay 400 feet, to a point; THENCE North 12° 52' 200" East 420 feet; THENCE North 71° 23' West, 197 feet to the point of BEGINNING. Con- talning 5.3 acres, more or less. The proposod grant of scen- ic easement containing the terms and conditions thereof, and the land effected thereby, is on file in the Southold Town Clerk's Office, Town Hall, Main Road, Southold, New York, and may be examined by any person interested therein. Dated: October 6, I981 BY ORDER OF THE TOWN BOARD JUDITH T. TERRY, TOWN CLERK 1T-10/8/81(3) Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper 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-Watch- man once each week for .............. ~. ....................... weeks successively, commencing on the ...... ,c~ .......................... ......... ...................... .......... ........ LEG:~. L NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing wdl be held by thc Town Board of the Town of Southold. Suf- folk County. New York at the Southold Town Hall, Mmn Road. Southold, New York on the 20th day of October, 1981 at 3:30 P.M. tn the matter of the grant of scenic easernent by George R. Latham to the Town of Southold on eertata real property owned by said George R. Latham at Orient, New York and described as follows: BEGINNING at a point at the southwesterly terminus of a certain 25 foot private road and running along said line of prwate road North 18' 37' East. 25 feet; THENCE North 34* 00' East, 265 feet to the ordinary high water mark of Pete Neck Creek; THENCE southeasterly and then soath- erly alon~ Pete Neck Creek 1050 feet; THENCE north- westerly along the shore of Orient Bay 400 feet. to a point; THENCE North 12° 52' 204)" East 420 feet: THENCE North 71' 23' West. 197 feet 1o the point of BEGINNING. Con- tainmg 5.3 acres, more or less. The proposed grant of scenic easement containing the terms and conditions thereof, and the land effected thereby, is on file in the Southold Town Clerk's Office. Town Hall, Main Road, Southold, New York. and may be examined by any person interested therein. DATED: October 6, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY. TOWN CLERK 1TO8-3786 COUNTY OF SUFFOLI(, STA'I'E OF NEW YORK, ? ss: ....... ?~.Qy..~.~.s.~y.S.O, .n .............. being cluly Sworn, says that ...h..e.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the ~aid Suffolk Weekl~ Times ~nce in eoch week, f~r .... o..n.e. ................... weeks successively commencing on the ...~$~ ................... .................. I ............. ...... STATE; OF NEW YORK: C'O[2qTY OF SUFfOLk. New York, twenty-one yesrs: that on the 2nd day of October she affixed a notice of wbfich the annexed printed notice true copy, ill a proper and substantial, manner, in a most place in the Town of Southold, Suffolk County, New York, Town CIerk Bui]ettn Board, JUDITH T. TERRY, Town Clerk of the Town of 8outhold, being duly sworn, says that she is over the age of 19 81 is a public Town Clerk Office. ,'Ia~n Road, Southold, Next' York 11971 Notice of Public Hearing - grant of scenic easement, by George R. Latham to the Town of Southold at Orient, New York, 3:30 Tuesday, October 20, 1981, Southold Town Hall. ,' Judith T.-Terry Southold Town Clerk Sworn to be t0efore me this 2nd day of October 19 81 ~ ~ Not~ry Public / LEGAL NOTICE NOTICE ©? HE\RING NOTICE IS HEPEBY GIVEN that a oublic hearing will b~ bald by the Town Board of th~ Town of Sou[h~ld. Suffolk C~unty, New York at the Southo[d Town [[all, Pain Road, Southold, New York on the 20th day of October, 1981 at 3:30 P U. [n the mailer ,>f the ~rant of scenic easement t)5 George R. Latham to the T,fmn ~f S()tlthc~]d on certain real proper'iF owned by said George Fl. [,arlmm al Orient, New York and dpscribed as follmvs: BEGINNING ar a ~ofn[ at ~b~, sou[hwes[erly rermiaus of a cerlain 25 root private road and l'lln2iil~' alona said ]ina of private road North 18© 37' Fast, 25 Feet; THENCE Norvh 34© 00' Fa~t, 265 fea~ to the ordinary high water mark of Pole Neck ('re~k; TItFNC'E southeastpply and then southar]y alumna Pate Neck Creeb. [050 feet; THENCE northwasterly a]ona the sheep of Oripnt Bay 400 fe~t, t~ a point: THEN('E North [2© 52' 9~,' Fast 420 l'ee~' "[HENCE' Nol'~h 71© 23' Wpst, 197 feet to the point of BFGINNING. ContaJnit~ 5.3 acres, moro ap The proposed arant and coadil icma ~t~ereof, [n the Southold 'Pawn Clerk's Office. N~w York. and may be mxaminod ,,[ scenic ~-ascment containJna tho lerm~ and the land effected thereby, Town Hall, Main Road, Sout. h~id PLEASE PUBLIStt ONCE. OCTOBE[~ 8, PUBEICATIf~N TO JUDIT[I T. TERP, v. SOUTHOI,D, NEW YORK 1197l. Copies to the following: any parson int ar{,st ecl therein. Bv ORDER OF THF SOUTHO[,[~ TOWN BOARD JIJF)I2'H T. TERRY. TOWN CI,FRK 1981, AN[' F(~RWARD ONE .5~'FIDAVIT OF TOWN CLERK, TOWN HAI,L MSIN RO-\D. The Suffolk Times The Long Island Travoler-Watchman Irving L. Pric. e, ,Ir., Esq. for Gec>r~e Trm:n Clerk's Bulletin Board La t h a m TOWN o~ ~ :Z.'T~OL..O, N,~. ,'