HomeMy WebLinkAboutTuthill, John B (2)GRANT OF SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this 30th day of May, 1973, by and between
JOHN 13. TUTHILL, residing at Main Road (no number], Orient, T~wn 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 land
consisting of twenty-one (21~ acres, more or less, containing a lake, wood-
land and beach in the Hamlet of Orient, Town of Southold, Suffolk County,
New York, generally bounded northerly by Long Island Sound; easterly by
land of Home and others; southerly by Main (State) Road; and westerly by
land of Dorman and others, said lands being shown and delineated on a
certain map entitled, "Map of Land surveyed for John Dyer at Orient, New
York," made by \Tan Tuyl 3 Son, Licensed Land Surveyor, Creenport, New
York, dated September 24, 1956, and more fully described in Schedule A
hereunto annexed and made a part hereof; ~vhich 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 us, if
retained would enhance the present or potential value of abutting and sur-
rounding properties and would maintain or enhance the conservation of
natural and scenic resources; and
WHEREAS, the 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 publi-c 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 afore-
said purposes; and
WHEREAS, the grantee, in furtherance of the above policy and in
accordance with Section 247 of the General Municipal Law wishes to accept
the scenic and conservation easement hereby proffered by the grantor,, and
WHEREAS, a public hearing was held by the Town t~oard of the Town of
Southold after due notice thereof, with respect to the terms and conditions
embraced herein, at which public hearing all interested persons were given
an opportunity to be heard;
NOW, THEREFORE, in consideration of ONE ($1.00} DOLLAR and
other good and valuable considerations paid by the grantee to the grantor
the receipt of evhich is hereby acknowledged, this agreement witnesseth
that:
1. The grantor does hereby donate, grant, transfer am
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, ex9avating or land fill opera-
tions shall be authorized or permitted in or on the ~'emises.
(b~ Except as provided in paragraph 2(c~, no
development of any kind shall be permitted nor shall any commercial use ex-
cept agricultural and fishing use be made of the premises including the bead~es
or underwater lands on or adjacent to the premises.
(c} Except for the maintenance of the existing
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buildings on the premises and the storage of fiZshing nets, stakes, boats and
fishing equipment on the premises, no buildings or structures sha[ibe placed
or erected on the premises.
(d) No gravel, sand, peat or other material,
except salt hay, thatch,, seaweed or drift shall be removed from the prernise~
nor shall any sand, gravel or other materials be placed upon the premises;
(e) No roadways or driveways shall be con-
structed 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, trans-
ferred 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 pre-
mises in the year'~f 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 grantors a release of easement
instrument in recordabie form.
5. In the event that the grantor desires to dispose of the
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premises, or arty 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 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 con-
tained herein~ shall not be deemed a waiver of any subsequent breach or de-
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 shallany part of any award belon
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. Allof the covenants, conditions, reservations, re-
strictions, easements and provisions of this agreement shall continue and
remain in effect untilthe 31st day of December, 1982, at which time all of
the provisions hereof shall be automatically extended for successive periods
of one (1) year, unless on or before the 30th day of September, 1982, or 60
days prior to the end of any such extension periods, either party hereto shal[
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 shalibe binding upon the parties hereto, and their successors and assi~as
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SCHEDULE A
ATTACHED TO AND FORMING A PART
OF AGREEMENT BETWEEN JOHN B.
TUTHILL AND THE TOWN OF SOUTHOLD
DATED MAY 30, 1973
All that certain plot, piece or parcel of land situate, lying and being
at Orient, in the Town of Southold, County of Suffolk, State of New York,
bounded and described as follows:
BEGINNING at a monument set on the northerly line of Main (State)
Road about 615 feet westerly of the intersection of the northerly line of
(State) Road with the westerly line of Youngs Avenue being the southeaste.
corner of the premises herein described and the southwesterly corner
premises now or formerly of-Reybine; running thence along said norther.
Iine of Main (State) Road three courses as follows, to wit:
(I) North 55 degrees 26 minutes West 180.0 feet; thence
(2) North 56 degrees 22 minutes 50 seconds West 193. 13 feet; the:
(3) North 59 degrees 53 minutes 40 seconds West 133. 39 feet to
now or formerly of Dorman; running thence along said land of Dorman
others eight courses as follows, to wit:
(1) North 29 degrees 04 minutes East 38.0 feet; thence
(2) North 18 degrees 33 minutes East 50. 37 feet; thence
(3) North 71 degrees 27 minutes West 7. 0 feet; thence
(4) North 2 degrees 36 minutes 30 seconds East 260.96 feet; the:
(5) North 2 degrees 49 minutes 30 seconds East 164. 70 feet; the:
(6) North 10 degrees 49 minutes 30 seconds East 60. 72 feet; the:
(7) North 11 degrees 10 minutes 30 seconds West 311. 80 feet;
(8) North 1 degree 55 minutes West 375 feet, more or less, to thc
ordinary high water mark of Long Island Sound; thence in a general
direction along said ordinary high water mark of Long Island Sound
tie line course of 64 degrees 58 minutes 50 seconds East 817. 71 feet ~
now or formerly of Home and others; thence along land £ast mentione.
fotlowingten courses, to wit:
(1) South 4 degrees 27 minutes 50 seconds East 238. 84 feet, mt
iess; thence
(2) South 3 degrees 11 minutes 10 seconds East 262. 92 feet;
(3) South 3 degrees 18 minutes 50 seconds West 44. 27 feet; thc,
(4) South 18 degrees 56 minutes 50 seconds West 293. 30 feet; ti
(5) South 16 degrees
(6) South 19 degrees
(7) South 12 degrees
(8) South 18 degrees
(9) South 56 degrees
(i0) South 27 degrees
monument at the northerly
of beginning.
50 minutes 10 seconds West 300. 65 feet;
13 minutes 20 seconds West 221. 82 feet;
45 minutes 40 seconds West 131.51 feet;
57 minutes 30 seconds West 173.42 feet;
16 minutes 40 seconds East 127.50 feet;
43 minutes West 212.33 feet to a concrett
line of Main (State) Road and the point or
STATE OF NEW YORK)
TOWN OF SOUTHOLD
Supervisor
Z John B. TuthiH
SS.:
COUNTY OF SUFFOLK)
On the~: day of /yl~.~ , 1-974-, before me personally came ALBERT
M. MARTOCCHIA, to me Miown, who, being by me duly sworn, did depose
and say that he resides at ~ Seventh Street; that he is the Supervisor of
the TO~ OF SOUTHOLD, the corporation described in and which executed
the foregoing instrument; that he knows the sea[ of said corporation; that
the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corporation and that he
signed his name thereto by like order.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS.:
Notary Pub
the~:
day of~7~o~/ , 19713, before me personally came
JOHN
B.
TUTHILL to me known to be the individual described in and who executed the
foregoing instrument, and acknowledged that he executed the same.
~o~ ~bHc
FDNA R. ANGEL~
REAL ESTATE . '~¢:~'~' STATE OF *
Tt~:AI',ISFER TAX ~
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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 York, (the
"grantee").
WHEREAS, the grantor is the owner of a certain parcel of land
consisting of thirty-two (32) acres, more or less, of farm and meadow
land adjacent to Orient Harbor in the Hamlet of Orient, Town of Southold,
Suffolk County, New York, generally bounded northerly by Main State Road;
easterly by land of Slawski and others; southerly by Orient Harbor, and
westerly by land formerly of Scheckenbach, said lands being shown and de-
lineated on a certain map entitled "Map of Property surveyed for the Estate
of John Dyer at Orient, Town of Southold, New York" made by Van Tuyl &
Son, Licensed Land Surveyor, Greenport, New York, dated November 2, 1964,
and more fully described in Schedule A hereunto annexed 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 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 Son[hold; 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 ;esser interest, development right, easement, covenant or other
contractual right in and to real property necessary to achieve the afore-
said purposes; and
WHEREAS, the grantee, in furtherance of the above policy and in
accordance with Section 247 of the General Municipal Law wishes to accept
the scenic and conservation easement hereby proffered by the grantor and
WHEREAS, a public hearing was held by the Town Board of the Town
of Southa~d after due notice thereof, with respect to the terms and conditions
embraced herein, at which public hearing aL1 interested persons were given
an opportunity to be heard;
NOW, THEREFORE, in consideration of ONE, ($1, 00) DOLLAR and
other good and vatuabie consideration paid by the grantee to the grantor
the receipt of which is hereby acknowledged, this agreement witnesseth
that:
1. The grantor does hereby glonate, 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 premkses.
2. The nature, character and extent of the easement
hereby granted is as follows:
(a) No dredging, excavating, or land fillL
operati3ns shall be authorized or permitted in or on the premises excepting
that the existing dredged channe[ may be dredged to maintain the entrance
to the creek on the premises in substantially the condition in which the same
now exists.
(b) Except as provided in paragraph 2 (c) no
development of any kind shat[ be permitted nor shall any commercial use
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except agricu~turat fishing uses be made of the premises inc'uding the beaches
or meadow, or underwater rands adjacent to the premises;
(c) Except for the erection and maintenance of
a farm vegetabte stand, adjacent to the Main State Road and the storage of
f[shtng nets, stakes, boats and f~sh~ng equipment adjacent to the creek
entrance at or near Orient Har~r, no bu~tdtngs or structures shatt be
p~aced or erected on the premises.
(d) No gravel, sand, peat or other material,
except salt hay, thatch, seaweed or drift shall be removed from the premises
nor shah any sand, gravel or other materiais be ptaced upon the premises;
(e) No roadways or driveways shall be con-
structed on the premises except unimproved farm roads;
(f) The gFantee and its authorized agents shaiI
have the right of inspection of the premises at any and ai~ times during the
term hereof.
3. The nature, character and e~ent of tim[tations on the within
grant of easement are as fot;ows:
(a) Notwithstanding the provisions hereof, the
premises shatt remain at att times ~n the exclusive possession of the grantor.
(b) Att rights, interests and priviteges of the
grantor [nthe premises not heretn specif~calty donated, granted, trans~rred
and conveyed shatt remain and reside with the grantor.
4. Thts agreement may be cancetted by the grantor upon
sixty (60) days written notice to the grantee and upon payment to the grantee
of a sum equat to three ttmes the difference between the amount of
rear estate taxes paid or assessed agaknst the premises in the year of
such cancettat[on and the amount of real estate taxes that woutd be assessed
against the premises tn the year of such canceItat~on had the premises not
been burdened w~ththe provisions of this instrument, both computed in
the tax year in which the eancettation shat~ take ptace. Upon payment of such
sum, the grantee shatt execute and dettver to the grantor a retease of
easen~_ent instrument in recordable form.
5. In the event Lhat the grantor desires to dispose of the
premises, or any part thereof, during the term of this agreement, or any re-
newal or extension Lhereof, by sale the grantor shall give ~he grantee 30
days notice of such proposed sale and the terms thereof. The grantee shall
have the first option to acquire ihe premises with~aid thirty (30) day
period on the same terms as any such proposed sale,
6. The failure of the grantee to insist upon the strict per-
formance of any of ~he terms, conditions, covenants, or restrictions con-
rained herein, shall no~ 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 ~his 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 ~he 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, restric-
tions, easements and provisions of this agreement shall continue and re-
main in effec~ until the 31st. day of December, 1983, at which time all of the
provisions hereof shall be automatically extended for successive- periods of
one (1) year, unless on or before the 30th day of September, 1983, or 60
days prior to the end of any such extension periods, either party hereto shall
by written instrument duly recorded in the Suffolk County Clerk's Office
determine to terminate the same.
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SCHEDULE A
ATTACHED TO AND FORMING A PART
OF AGREEMENT BET WEEN JOHN B.
TUTHILL AND THE TOWN OF SOUTHOLD
DATED MAY 30, 1973
All that certain plot, piece or parcel of [and situate, lying and being at
Orient, in the Town of Southold, County of Suffolk, State of New York, boundec
and described as follows:
BEGINNING at a concrete monument set on the souther£y line of Main
(State) Road at the northeasterly corner of land now or formerly of John
Scheckenbach and the northwesterly corner of the premises herein des-
cribed, from said point of beginning running thence along said southerly line
of Main (State) Road the foliowing seven courses, to wit:
(1) South 80 degrees 44 minutes 40 seconds East 257. 30 feet; thence
(2) South 75
(3) South 66
(4) South 61
(5) South 59
(6) South 56
degrees 14 minutes 20
degrees 32 minutes 40
degrees 42 minutes 30
degrees 50 minutes
degrees 22 minutes 50
seconds East 142.53 feet; thence
seconds East 104. 15 feet; thence
seconds East 118. 64 feet; thence
seconds East 251. 94 feet; thence
seconds East 190. 57 feet; thence
(7) South 55 degrees 26 minutes 00 seconds East 88. 31 feet; thence
along land of John ]3. Tuthi££ two courses as follows, to wit:
(1) South 32 degrees 34 minutes 40 seconds West 200 feet; thence
(2) In a southeasterly direction 150 feet, more or less, to a point on
the easterly tine of land of John B, Tuthill being the westerly Line of a pri-
vate road at a point along said westerly line of said private road 200 feet
South of the southerly line of Main (State) Road; thence running along said
westerly Line of said private road South 32 degrees 34 minutes 40 seconds
West 235.40 feet; running thence along said southerly terminus of said
private road and along [and now or formerly of ]3ryant Tabor South 54 de-
grees 24 minutes 10 seconds East 178. 36 feet to a concrete monument and
land now or formerly of Slawski; thence along land last mentioned South 32
degrees 44 minutes 50 seconds West 443.28 feet to Land now or formerly of
B. C. Rackett; running thence along Land Last mentioned North 55 degrees
36 minutes 10 seconds West 316. 19 feet; thence along land last mentioned and
along land now or formerly of Eugene McDonnell South 34 degrees 09 minutes
00 seconds West 353.40 feet to the ordinary high water mark of Orient
Harbbr; and thence in a westerly direction along said ordinary high water
mark of Orient Harbor on a tie Line course North 69 degrees 05 minutes 00
seconds West 872. 69 feet to said Land now or formerly of Scheckenbach;
thence along land last mentioned North 20 degrees 17 minutes 20 seconds
East 1268. 00 feet to the southerly line of Main (State) Road and the point or
place of beginning.
10. The burden of this easement shall run with the land
and shale be binding upon the parties hereto, and their successors and
assigns.
STATE OF NEW YORK)
SS.:
COUNTY OF SUFFOLK)
On the '~ ~4~ day of T??*"~/ Ig,~l-, before me personaI[y came
ALBERT M. MARTOCCHIA, to me known, who, being by me duly sworn,
did depose and say that he resides at 450 Seventh Street; that he is the
Supervisor of the TOWN OF SOUTHOLD, the corporation described in and
which executed the foregoing instrument," that he knows the sea[ of said
corporation; that the sea[ affixed to said instrument is such corporate seal;
that it was so affixed by order of the board of directors of said corporation
and that he signed his name thereto by like order.
Notary Publiq, /
EDNA R, AN'CI'.;LL
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS. :
TOWN OF SOU~OLD
Supervisor
the ~.~ "t~_
day of ~-~/zF~.e~,f , 197~, before me personally came
On
JOHN B. TUTHILL to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that he executed the
same.
Notary ~bt[c/
EDNA R. ANUELB
NOTAry FU~LIC, ~ , a~
REAL ESTATE '~?~ STATE OF
"- - ' ' ~;~;!'NE~,,z YORK
:~" TRAN5 ,: .?-':
-.,- FER T.~X,, i' ._
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