HomeMy WebLinkAboutTuthill, John B FUDITH T, TERRY
TOWN 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) 765-1828
TELEPHONE (5163765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 5, 1989:
WHEREAS, an agreement was entered into between John B. Tuthill, as grantor, and
the Town of Southold as grantee, providing for a grant of scenic and conservation
easement, said instrument dated the 30th day of May, 1973; and
WHEREAS, said instrument was duly recorded in the office of the Clerk of the County
of Suffolk, at Libor 7416 page 386; and
WHEREAS, pursuant to paragraph number 7 of said instrument, if the property be
condemned or taken by eminent domain the agreement would cease; and
WHEREAS, the New York State Department of Environmental Conservation had indicated
its willingness to obtain the subject premises by condemnation if necessary; and
WHEREAS, a "friendly condemnation" settlement has been reached between the New York
State Department of Environmental Conservation and John B. Tuthill, whereby the DEC
will purchase a portion of the subject property and a remaining portion will be retained
by John B. Tuthill, said remaining portion constituting an area of natural 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
WHEREAS, the Town Attorney's Office has advised in writing to the grantor, or his
successors, that it makes no representations regarding the taxation consequences which
may arise from any governmental agency as a result of the release of said agreement;
NOW, THEREFORE, BE IT RESOLVED that the Supervisor is directed to execute a
release of the original grant of scenic and conservation easement recorded at Libor 7416
page 386, in the office of the Clerk of the County of Suffolk; and
BE IT FURTHER RESOLVED that the Supervisor is hereby directed to execute an agree-
ment for a grant of scenic and conservation easement with John B. Tuthill covering
those premises in the original easement which are not being transferred to New York
State.
July 7, 1989
10924P 078
RELEASE OF SCENIC AND
CONSERVATION EASEMENT
Release given this 26th day of July, 1989 by the TOWN OF SOUTHOLD, a
municipal corporation of the State of New York having its office at 53095
q~uMain Road. Southold. Suffolk County. New York to John B. Tu. thill..his
ccessors and assigns. "
__ ~'l/~_ On the 30th day of May 1973, John B, Tuthill granted to the Town of
a,o
~,*$.,. ~ Southold a scenic and conserv t' n easement upon the premises described as
~rollows: ,
O}5-~,~-J'' Beginning at a monument set on 'the southerly line of Main Road (N.Y.
10OO Route 75) at the northwesterly corner of land now or formerly of Peter
Brown and the northeasterly corner of the premises herein described; from
said point of beginning running thence along said land of Peter Brown the
following eight courses and distances, to wit:
1. South 30° 26' 10" East, 710.09"feet to a monument;
LoTS
2. South 60° 57' 20" West, 313.17 feet to a monument;
3. South 37° 29' 30" East, 950.22 feet to a monument;
4. Along the edge of a meadow on a tie line course and distance of
x~,->,,North 73° 51' 10" East, 419.37 feet to a monument;
x. '- 5. North 64° 38' East, 95.85 feet to a monument;
~, 6. North 47° 22' East, 247.18 feet to a monument;
7. North 52° 08' 50" East, 298.0 feet to a salt pond;
8. Through said salt pond and across Narrow River Road on a tie
line course and distance of South 61° 29' 10" East, 270 feet, more or less
to the ordinary high water mark of Hallock's Bay; running thence in a
southwesterly direction along said ordinary high water mark of Hallock's
Bay 2000 feet, more or less, to land now or formerly of Demarest; running
thence along land last mentioned and across Narrow River Road the
following four courses and distances, to wit:
1. North 37° 27' 50" West, 1368 feet, more or less;
2. North 37° 05' 20" East, 320.48 feet;
3. North 33° 57' 30" West, 494.66 feet;
4. North 43° 25' 20" West, 1272.43 feet to said southerly line of
Main Road; running thence along .said southerly line of Main Road, North
60° 10' 40" East, 243.69 feet to land now or formerly of $ibly T. Young;
running thence along land last mentioned the following three courses and
distances, to wit:
1. South 35° 10' East,
2. North 58° 28' East,
162.16 feet;
133.60 feet;
3. North 34° 48' West, 155.28 feet to said southerly line of Main
Road; running thence along said southerly line of Main Road on a tie line
course and distance of North 67° 19' 30" East, 367.48 feet to said land of
Peter Brown and the point or place of beginning.
Excepting, however, from the above described premises, so much
thereof as lies within the boundaries of Narrow River Road.
In consideration of the payment of one dollar ($1.00), receipt of which is
acknowledged, the Town of Southold does, by this instrument release to
John B. Tuthill, his successors and assigns, the easement described above,
/
said easement being recorded in the office of the Clerk of the County of
Suffolk at Liber 7416 page 386, being the intention of the parties to
terminate such easement due to the acquisition of a portion of the subject
premises by the State of New York.
In witness whereof, I have caused this release to be executed at Town
Hall, 53095 Main Road, Southold, Suffolk County, New York, this 26th day
of July, 1989.
By: T~ ~LD
/~i r p h y,-~Su per v i sot
/John B. Tutl~ill
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS.'
On the 26th day of July, 1989 before me personally came Francis J.
Murphy, to me known, who, being by me duly sworn, did depose and say that
he resides at Wickham Avenue, Mattituck, 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 thereto by like order.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS:
On the,.lo~ day of July. 1989. before me personally came John B.
Tuthill. 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 P~'ublic
M/~R~.~R~ BITZOCO
Not'ar'/Pubhc St~te 0t New Yor~
~mm~ion E~p~ es May 3l, l~
JUDITH T. TERRY
TO's~N 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 (516) 765-1801
July 26, 1989
Stephen R. Angel, Esq.
Esseks, Hefter & Angel
108 East Main Street
P. O. Box 279
Riverhead, New York, 11901
Re: John B. Tuthill, Diana Latham
Grant of Scenic and Conservation Easement and Release
Dear Mr. Angel:
Enclosed is the executed Release and original Grant of Scenic and
Conservation Easement for John B. Tuthill, and the executed Release and
original Grant of Scenic and Conservation Easement for Diana Latham.
Please put "return" - Judith T. Terry, Southold Town Clerk, above
address, on the documents. Thank you.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures (4)
cc: Asst. Town Attorney Berntsson
ESSE:K$, H£FTeR ~ ANGel
COUNSELORS AT Law
W~TeR Mill OffiCE
MONTAU K HIGHWAY
P. O. BOX
WATER MILL. N.Y. II976
Robert H. Berntsson, Esq.
Assistant Town Attorney
Towd of Southold
Town Hall
53095 Main Road
Southold, NY 11971
July 25, 1989
Re: John B. Tuthill, Diana Latham
Grant of Scenic and Conservation Easement and Release
Dear Mr. Berntsson:
I enclose an original Release and an original Grant of Scenic
and Conservation Easement signed by Diana Latham.
I also enclose an original Release signed by John B. Tuthill
and an original Grant of Scenic and Conservation Easement signed
by John T. Tuthill, as attorney-in-fact for Lyle Bo Tuthill,
Reginald Tuthill and Ruth Tuthill.
You should note that Lyle B. Tuthill, Reginald Tuthill and
Ruth Tuthill are currently the owners of the property involved. I
altered your Grant of Scenic and Conservation Easement so that it
would be executed by them. I did not alter the Release because it
is not necessary that the owners of the property join in the
instrument. The original Release was to John B. Tuthill, so I had
him sign the Release as you prepared it.
Would you please have the instruments executed by Mr. Murphy
and have his signature properly acknowledged.
I would prefer, if it is acceptable to you, to have the
executed documents returned to me for recording. I, in turn, will
submit the originals to the New York State Department of
Environmental Conservation, along with the deeds. Please advise
me whether you want your "return" on the documents.
E$SEK$, HEFTER & ANGEL
COUNSELORS AT Law
Robert H. Berntsson,
July 25, 1989
Page Two
Esq.
If you do not want to return the originals to me for any
reason, please call so that we can discuss it.
SRA:mb
Enc.
Ve~ truly yours,
S~EPHEN R. ANGE~
GRANT OF SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this 26th day of July. 1989, by and between DIANA
LATHAM, residing at Private Road, Orient. 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 53095 Main
Road. Southold, Suffolk County, New York (the "grantee").
WHEREAS, the grantor is the owner of a certain parcel of land
consisting of 24.3 acres, more or less. of farmland, woods and meadow
located on the South side of Route 25 in the Hamlet of Orient, Town of
Southold, Suffolk County. New York, generally bounded northerly by land of
Webber; easterly by land of Howard Hoey; southerly by Latham; and westerly
by land of Terry, said land being shown and designated on a certain map
prepared by Young and Young consultant entitled, "Map of Lands to be
Acquired Pursuant to §3-0305 of the Environmental Conservation Law" dated
November 22, 1988, and which said parcel of land is more fully described
in Schedule A hereunto annexed and made a part hereof, which said parcel
of land is hereafter 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 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;
I~IOW THEREFORE, in consideration of One ($1.00) Dollar and other good
and valuable consideration paid by the grantee to the grantor and 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.
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 materials, except salt hay
or thatch shall be removed from the premises nor shall any sand, gravel or
other materials by 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 ail times during the term hereof.
3. The nature, character and extent of limitations of 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 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 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 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 grantor
shall be required to pay no 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 permissible,
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.
SCHEDULE A
Beginning at a point marked by a granite monument, set on the
division line of land of Lloyd Terry on the West and the owner herein on
the East. Said monument being on a course N 01° 36' 17" W. 27.39 feet
from a point formed by the intersection of the northerly line of land of
Stanley J. Droskoski and Anna T Droskoski, with the easterly line of land
of Lloyd Terry. Said point having the coordinates in the New York State
Plane Coordinate System, Long Island Zone of N. 338,730.09 E. 2,476,721.13.
Running thence from said point of beginning northerly along the land
of Lloyd Terry, the following three courses and distances:
1. N. 09° 27' 56" W.
2. N. 09° 52' 36" W.
3. N, 09° 17' 56" W.
of land of Robert E. Webber.
574.34 feet
487.44 feet
594.05 feet to a point on the southerly line
Running thence along the southerly line of land of Robert E. Webber,
N. 79° 05' 46" E. 451.71 feet to a broken monument, and land of Doris T.
Hoey. Running thence along land of Doris T. Hoey, S.19° 54' 51" E.
1609.38 feet to a point on the general center of a dike. Running thence
along the general center of the dike and through the land of the owner
herein, the following six courses and distances:
1. S. 30° 22' 04" W.
2. S. 09° 00' 00" W.
3. S. 22° 15' 00" W.
4. S. 77° 00' 00" W.
5. N. 59° 00' 00" W.
111.16 feet
90.00 feet
80.00 feet
333.83 feet
50.00 feet
6. N. 32° 00' 00" W. 80.00 feet thence continuing through
land of the owner herein the following four courses and distances:
2.
3.
4.
N. 16° 00' 00" W.
S. 85° 04' 04" W.
S. 01° 04' 04" W.
S. 52° 09' 30" W.
the point or place of Beginning.
190.00 feet
110.00 feet
105.00 feet
54.00 feet to the granite monument and
Containing 24.2542 acres.
9. All the covenants, conditions, reservations, restrictions,
easements and provisions of this agreement shall continue and remain in
effect until the 1st day of August 1990, at which time all of the
provisions hereof shall be automatically extended for successive periods
of one (1) year. unless on or before the 31st day of May 1990 or sixty
(60) days prior to the end of any such extension period, either pa~y
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.
BY ~HOLD
_phy. Supervisor
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS:
On the 26th day of July. 1989 before me personally came Francis J.
Murphy, to me known, who, being by me duly sworn, did depose and say that
he resides at Wickham Avenue. Mattituck. 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 thereto by llke order
~Notary PuBlic
JUDI3H T. TERRY
STATE OF NEW YORK) Neta~,/Publlc. StateofNewY~
No. 52-0344963
SS: Qualified in Suffolk County
ClOmmi~io~ Expires May 31, 19
COUNTY OF SUFFOLK)
On the ~- ~day of July, 1989, before me personally came Diana
Latham. to me known to be the individual described in and who executed the
foregoing instrument, and she acknowledged to me that she executed the
same. . .---~ /
STEPHEN R. ANGEL .. ~,
NotmyPubhc, StateofNew ~,~C,~.__.: ~ .,- No. 4803748 ~u[ar'~', r'un. Ic
Oual;fied n Suflo k County .'
Commiss~0n Exl~re~ September 30, lgg0
RELEASE OF SCENIC AND
CONSERVATION EASEMENT
Release given this 26th day of July, 1989 by the TOWN OF SOUTHOLD, a
municipal corporation of the State of New York having its office at 53095
Main Road, Southold, Suffolk County, New York to Roy Latham, his
successors and assigns.
On the 25th day of July. 1978, Roy Latham granted to the Town of
Southold a scenic and conservation easement upon the premises described as
follows:
Beginning at a point on the westerly line of land of Louis Tuthill
Estate and the easterly line of land of Roy Latham, said point being about
1974 feet southerly along said land of Tuthill Estate from the southerly
line of Main Road; running thence along said land of Tuthill Estate, three
courses:
1.
2.
3.
Southerly, 980 feet, more or less; thence
Westerly and southerly, 325 feet, more or less; thence
Easterly, 210 feet, more or less, to a certain gutter leading to
Long Beach Bay; Thence along said gutter, three courses:
1. Southerly, about 450 feet, more or less; thence
7. Southwesterly, about 300 feet, more or less; thence
3. Southeasterly, 200 feet, more or tess, to Long Beach Bay; thence
along Long Beach Bay, two courses:
1. Southwesterly, 300 feet, more or less; thence
2. Northwesterly, 450 feet, more or less, to land of J. Droskoski;
thence along said land of J. Droskoski, eight courses:
1. Northeasterly, 175 feet. more or less; thence
2. Northwesterly, 58 feet, more or less; thence
3. Northeasterly, 140 feet, more or less; thence
4. Northwesterly, 76 feet, more or less; thence
5. Northeasterly, 107 feet more or less; thence
6. Westerly, 99 feet, more or less thence
7. Northwesterly, 102 feet, more or less; thence
8. Westerly, 159 feet, more or less, to land of S.
Oroskoski;
thence along said land of S. Droskoski, two courses:
1. Northwesterly, 252 feet, more or less; thence
2. Westerly, 160 feet more or less, to land of Lloyd Terry;
thence along said land of Lloyd Terry, northerly 1010 feet, more or less,
to other land of Roy Latham; thence easterly along said other land of Roy
Latham, 580 feet, more or less, to the point of beginning. Containing
approximately 14.9 acres of farm, 4.8 acres of woods, and 8.5 acres of
meadow.
PARCEL II
8.9 acres of meadow described as follows: Northerly by the westerly
branch of Tom Brown's Creek adjoining lands of Tuthill, Latham and
Demarest; Easterly by Tom Brown's Creek; Southerly by Long Beach Bay, and
westerly by a gutter leading to Tom Brown's Creek, said parcel of meadow
being known as "Sandman's Island."
PARCEL III
1.3 acres of meadow described as follows: Northerly by Demarest
about 105 feet; Easterly by Demarest about 720 feet; Southerly by Tom
Brown's Creek about 70 feet; Westerly by Tuthill Estate about 690 feet.
PARCEL IV
2.0 acres of meadow described as follows: Northerly by Margolin
about 188 feet; easterly by Tom Brown's Creek about 560 feet; Southerly by
Tom Brown's Creek about 160 feet; Westerly by Demarest about 550 feet.
In consideration of the payment of one dollar {$1.00), receipt of
which is acknowledged, the Town of Southold does, by this instrument
release to Roy Latham, his successors and assigns, the easement described
above, said easement being recorded in the office of the Clerk of the
County of Suffolk at Liber 8L~73. page 41, it being the intention of the
parties to terminate such easement due to the acquisition of a portion of
the subject premises by the State of New York.
In witness whereof, I have caused this release to be executed at Town
Hall, 53095 Main Road, Southold, Suffolk County, New York this 26thday of
July, 1989.
By:
~)lr~l~/~. ~m~J~ r p h y~ Supervisor
Diana Latham
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
ss:
On the 26th day of July, 1989 before me personally came Francis J.
Murphy, to me known, who, being by me duly sworn, did depose and say that
he resides at Wickham Avenue, Mattituck, 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 thereto by like order.
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On the ~ t~<day of July,
~N o~ar y Public
1989, before me personally came Diana
Latham, to me known to be the individual described in and who executed the
foregoing instrument, and she acknowledged ~p me that she executed the
same. // , /,-~ ~
S'~EPHEN R. ANGEL ,/~/;~..~/~/' ~:;~
Notary public, st&re of New .v_-~. _ / ~/.., _
No 4803748 NOtaryl.' Public ~
Quallfled in Suffolk County /
"',ommis,,~on Exper me September 30, 1990
GRANT OF SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this 30th day of May , 1973, by and between
JOHN B. TUTHILL, residing at Main Road (no number), Orient, 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 ¥orl~ (the
"grantee").
WHEREAS, the grantor is the owner of a certain parcel of land
consisting of forty-six (46) acres, more or less, of farm, wood and meadow
land located between Route 25 and Hallocks ]Bay in the Hamlet of Orient,
Town of Southold, Suffolk County, New York, generally bounded northerly
by Main State Road; easterly by land now or formerly of Peter Brown;
southerly by Hallock's Eay, and westerly by land now or formerly of
Demarest, said lands being shown and designated on a certain map entitled,
"Map of Farm owned by Lydia T. Brown, Julia II. Tuthill and Eva B. Dyer
at Orient Point, New York" made by Van Tuyl & Son, Licensed Land
Surveyor, Greenport, New York, dated December 2, 1940, and more fully
described in Schedule A 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 potential value of abutting and sur-
rounding 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 tile 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 To~ns, may acquire the
fee or alesser 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
WtIEREAS, a public hearing was held by the Town Board of the
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 $outhold, 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 agricultural purposes.
(b) Except as provided in paragraph 2 (ri no develop-
--2--
ment of any kind shall be permitted nor shall any commercial use except
agricultural and fishing uses be made of the premises including the beaches
or meadow, or underwater lands adjacent to the premises;
(c) Except for the erection and maintenance of a farm vegetable
stand, adjacent to the Main State Road and the storage of fishing nets,
stakes, boats and fishing equipment adjacent to Hallocks Bay, no buildings
or structures shall be placed or erected on the premises.
(d) No gravel, sand, peat or other material, except salt hay,
thatch, seawood or drift 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) Not%vithstanding 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 premises in
the year of such cancellation had the premises not been burdened ~vith the
provisions of this instrument, both computed in the tax year in which the
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cancellation shall take place. Upon payment of such sum, the ~rantee shall
execute and deliver to the grantor a release of easemeut 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 any renewal or
extension thereof, by sale the grantor shall give the grantee 30 days notice
of such proposed sale and the terms thereof. The grantee shall have tile
first option to acquire the premises within said thirty ($0i day period on
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 ~ in the ~erms,
conditions, covenants or restrictions cont~ned herein.
7. If the whole or any part of the premises shall be condemned or t~en
by eminen~ domain, then ~his agreemen~ shall forthwith cease from the date
of title vesting in such proceeding. In such event the grantor shall be re-
quired to pay no penalties, nor shall the value of the premises be limited
by this easement, nor sh~l any part of any award belong [o the grantee.
8. The grantee covenants that to the extent legMly permissable, the
valuation placed upon the premises for purposes of re~ estate taxation will
be limited by the restriction of this scenic easement in accordance with
Section 247 of the General R'Iunicipal Law of ~he State of New York.
9. All the covenants, conditions, reservations, restrictions, easements
and provisions of this agreement shall continue ~d rema~ in effect until
the 31st. day of December, 1983, at which time all of the provisions hereof
shall be automatically extended for successive periods of one (l~ year,
unless on or before the 30th day of September, 1982,~60 days prior to the
end of any such extension period, either party hereto shall by written
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instrument duly recorded in the Suffolk County Clerk's Office determine
to terminate the same.
10. The burden of this e~sement shall run with the land and shall be
binding upon' the parties hereto, and their successors and assigns...- . ....... ·
THE TOWN OF SOUTHOLD
i.' :'//"~ ' -'
Supervisor
John ~2 Tuth~ll
STATE OF NEW YORK)
SS.:
COUNTY OF SUFFOLK)
On the"~c'Lq'day of L?2f~/ , 1973, beofre me personally came ALBERT
M. MAI{TOCCHIA, tO me known, who~ being by me ~uly sworn, did depose
and say that he resides at 450 Seventh Street; that he is the Supervisor of
the TOWN OF SOUTHOLD, ~he 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 board of directors of said corporation and that he
signed his name thereto by like order.
STATE OF NE\V YORK)
COUNTY OF SUFFOLK)
SS.:
Notary Public
EDNA R. ANGELE
'~ k,~.~
On the~Se day of,~/~3,f , 1973, before me personally came JOHN B.
TUTHILL, to me known to'be the individual described in and ~vho executed.
the foregoing instrument, and acknowledged that he executed the same.
., ,,CL.
Notary Public
EDNA R. AN'~.~LV,~~
-5-
SCHEDULE "A" ATTACHED TO AND FORMING
A PART OF AGREEMENT BETWEEN JOHN B
TUT}IILL AND THE TOWN OF SOUTHOLD
DATED: MAY 30, i973
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:
~EGINNING at a monument set on the southerly line of Main Road (N. Y.
~Route 25) at the northwesterly corner of land now or formerly of Peter
Brown and the northeasterly corner of the premises herein described; from
said point of beginning running thence along said land of Peter Brown the
following eight courses and distances, to wit:
(1) South 30 degrees 26 minutes 10 seconds East, 710.09 feet to a
monument;
(2) South 60 degrees 57 minutes 20 seeondsWest, 313. 17 feet to a
monument;
(3) South 37 degrees 29 minutes 30 seconds East, 950.22 feet to a
monument;
(4) Along the edge of a meadow on a tie line course and distance of
North 73 degrees 51 minutes 10 seconds East, 419. 37 feet to a monument;
(5) North 64 degrees 38 minutes East, 95. 85 feet to a monument;
(6) North 47 degrees 22 minutes East, 247. 18 feet to a monument;
(7) North 52 degrees 08 minutes 50 seconds East, 298.0 feet to a salt
pond;
(8) Through said salt pond and across Narrow River Road on a tie tine
course and distance of South 61 degrees 29 minutes 10 seconds East, 270
feet, more or less to the ordinary high water mark of Hallocks Bay; running
thence in a southwesterly direction along said ordinary high water mark of
tlallocks' Bay 2000 feet, more or lesa to land now or formerly of Demarest;
running thence along land last mentioned and across Narrow River Road the
following four courses and distances, to wit:
(1) North 3? degrees 27 minutes 50 seconds West, 1368 feet, more or
less;
(2) North 37 degrees 05 minutes 20 seconds East, 320. 48 feet;
(3) North 33 degrees 5? minutes 30 seconds West, 494. 56 feet;
(4) North 43 degrees 25 minutes 20 seconds West, 1272.43 feet to said
southerly line of Main Road; running thence along said southerly line of
Main Road, North 60 degrees 10 minutes 40 seconds East, 243.69 feet ~o
land now or formerly of Sibyl T. Young; running thence along lancl last
me~&ioned the following three courses and distances, to wit:
(1) South 35 degrees 10 minutes East, 162. 16 feet;
(2) North 58 degrees 28 minutes East, 133. 60 feet;
(3) North 34 degrees 48 minutes West, 155.28 feet ~o said southerly
line o£ Main Road; running thence along said southerly line of Main Road o~
a tie line course and distance of North 67 degrees 19 minutes 30 seconds
East, 36?. 48 feet to said land of Peter Erown and the point or place o.f
beginning.
EXCEPTING, however, from the above described premises, so much
thereof as lies withiu the boundaries of Narrow River Road.
·
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T
~: .MA/:' OF' FARM
LYDIA 77.
JULIA /3. TUTH//-/-
AND ~VA
ORIENT POINT "
N~"v,I YORK_...
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