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HomeMy WebLinkAboutL 9965 P 8 :3194 THIS INDENTURE made this 27th day of December ,19 85 , 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, the State of New York, having its Main Road, Southold, Suffolk County, a municipal corporation of principal office at 53095 New York (the "grantee"). WHEREAS, the grantor is the owner of a certain parcel of land consisting of twenty-nine (29) acres, moro or less, containing woodland, farmland and Long Island Sound beach located at Orient, in the Town of Southold, Suffolk County, New York, gonerally bounded northerly by Long Island Sound; easterly by land of Droskoski and others; southorly by land of · 'Glover and Main (NY Route 25) Road; and wosterly by land of Marcus and others, said lands being shown and delineated on a certain map entitled, "Map of Land surveyed for Lawrence Dorman, Joseph Townsend and others at Orient, New York" made by Van Tuyl & Son, Licensed Land Surveyors, Greenport, New York, dated May 12, 1983 amended August 26, 1983, and amended October 16, 1985, to show the grantor's land, said lands being 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 whose existing openness, natural condition, or present state of use, if retained, would enhance the present and future value of abutting and surrounding properties and would maintain or enhance the conservation of natural and scenic resources of the Town of Southold, 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 farmland and woodland areas in the Town of ~ I~-, RECEIVED Southold, and :.': ::': J REAL E'STATE JAN 27 19~e 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 the terms hearing all heard; real property necessary to achieve the aforesaid purposes, and WHEREAS, the grantee, in furtherance of the above policy and in accordance with §247 of the General Municipal Law wishes to accept a 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 and conditions embraced herein, at which public interested persons were given an opportunity to be 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 which is hereby acknowledged, this agreement witnesseth that: 1. The grantor does hereby donate, 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, in and upon the premises. 2. The nature, character and extent of the easement hereby (c) commercial use, except agricultural uses, be permitted in or on the premises, including any beaches or underwater lands in, on or adjacent to the premises. Except for the maintenance of the existing buildings and structures on the premises, no buildings or structures shall be placed or erected on the premises. -2- granted is as follows: (a) No dredging, excavating or land filling operations shall be authorized or permitted in or on the premises. (b) Except as provided in paragraph 2(c), no development of any kind shall be permitted nor shall any (d) (e) (f) No sand, gravel, peat or other material, except salt hay, thatch, seaweed, drift, or dead or deseased trees or vegetation shall be removed from the premises, nor shall any sand, gravel or other materials be placed in or upon the premises. No roadways or driveways shall be constructed on the premises, except unimproved farm roads. The grantee and its authorized agents shall have the right to inspect the premises at any time to ascertain compliance with the terms and conditions hereof. 3. That the nature, character and extent of limitations on the within grant.of easement are as follows: the (a) Notwithstanding the provisions hereof, the premises shall at all times remain 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. That for a term of eight (8) years from the date hereof, and any extensions thereof, the grantor and his successors and assigns covenant and agree as follows: (a) That those portions of the premises presently used for the production of agricultural crops shall be used solely for such purposes during the term hereof, and any extensions thereof. (b) That the remainder of the premises shall be maintained in their natural state during the term hereof, and any extensions thereof. 5. That in order to entitle the premises to a continuing reduction in assessed valuation for real property tax purposes, the grantor shall, prior to the taxable status date in each year, file a written statement with the ~outhold Town Board of Assessors wherein the grantor commits the premises to the uses set forth in paragraph 4 hereof for an additional year. -3- assigns pursuant 6. That in the event that the grantor or his successors or fails or elects not to file the annual statement to paragraph 5 hereof, then and in that event the premises shall not thereafter be entitled to a reduction in assessed valuation to which it was granted by reason of the restrictions imposed pursuant to the terms and conditions of this agreement. 7. That in the event that the grantor or his successors or assigns, during the term hereof or any extension thereof, converts the use of the premises, or any part thereof, to any use other than the uses set forth in paragraph 4 hereof, such conversion shall constitute a breach of the terms and conditions of this agreement and shall disqualify all of the premises from thereafter being entitled to a reduction in assessed valuation by reason of the restrictions imposed upon the premises pursuant to the terms and conditions of this agreement. Such breach of committment shall also subject the premises to a charge as compensation for prior tax benefits conferred, which charge shall be equal to two times the taxes determined in the year following such breach of committment, which charge shall be added by the town board of assessors to the real property taxes determined for that year, and when levied shall become a tax lien on the premises. 8. That in the event that the grantor or his successors or assigns desires to dispose of the premises, or any part thereof, during the term of this agreement, or any extension thereof, by sale, the grantor or his successors or assigns shall give the grantee thirty (30) days written notice of such 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. 9. That the failure of the grantee to insist upon the strict performance of any of the terms, conditions, covenants or restrictions contained herein, shall ~ot be deemed a waiver of any subsequent breach or default in the terms, conditions, covenants or restrictions contained herein. -4- 10. That in the event that the whole or any part of the premises is 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 not be required to pay any penalties or charges hereunder, nor shall the value of the premises be limited by the provisions of this agreement, nor shall any part of any award belong to the grantee. 11. That the grantee covenants that to the extent legally permissible, the valuation placed upon the premises for purposes of real property taxes will be limited by the restrictions of the scenic and conservation easement imposed by this agreement in accordance with the provisions of ~247 of the General Municipal Law of the State of New York. 12. That this agreement and all of the terms and conditions contained herein shall apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. _~.ohn B. Tuthil~l, Grantor rantee STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On this /~.-~.7 ~ day Of~, 19 ~ personally came JOHN B. TUTHILL, to me known individual described in and who executed the before me to be the foregoing instriment, and acknowladged that he executed the same. ~/" // No. 52-03449~ 5u~Io~{( uounty~,..; No tary Public t/Commission Fmp~ Mash 30.19~. i STATE NEW YORK, COUNTY OF SUFFOLK ss.: On this 27th day of December , 1985 , before me personally came FRANCIS J. MURPHY, to me known, who, being by me duly sworn, did depose and say that he resides at Old Main Road, (no Number), Laurel, New York; that he is the Supervisor of the Town of Southold, the municipal 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; that it was so affixed by order of the Town Board of the Town of Southold, and that he signed his name thereto by like order. Notary Public I'l.l.ry Publl-, Stat~ of ~ York No. 52-0344963 Suffolk County,,_, Cn~mi~ion Ex,ires March 30,19~,'/ / -6- 5CNEDUtE A ATTACHED TO AND FORMING PART OF AGREEMENT BETWEEN JOHN 13. TUTHILL AND THE TOWN OF SOUTHOLD DATED DECEMBER 27, 1985 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 curved Northerly line of Main (State) Road at the Southeasterly corner of the premises herein described and running thence Westerly along said curved Northerly line 185 feet, mor or less, as measured by a tie line S 69 degrees 08 minutes 40 seconds West 185.0 feet to land now or formerly of Glover; running thence along said land of Glover 3 courses as follows, to wit: North 28 degrees 50 minutes 30 seconds West 196 feet, thence South 53 degrees 27 minutes 10 seconds West 129 feet, thence South 24 degrees 48 minutes 50 seconds East 168 feet to said curved Northerly llne of the Main (State) Road, thence Westerly along said curved Northerly line, 179 feet, more or less, as measured by a tie line South 61 degrees 48 minutes 40 seconds West 153.36 feet to a 25 foot others, running thence along courses as follows, to wit: North 46 degrees 56 minutes North 47 degrees 35 minutes South 59 degrees 50 minutes strip or future road of Dorman and said land of Dorman and others 4 10 seconds West 40 seconds West 20 seconds West 1632.81 feet, thence 114.95 feet, thence 53.22 feet, thence North 36 degrees 52 minutes 30 seconds West 1015 feet more or less to the ordinary high water mark of Long Island Sound; thence in a general easterly direction along said ordinary high water mark of Long Island Sound 425 feet to land now or formerly of Hamburger and others, thence along land last mentioned the following 2 courses, to wit: South 46 degrees 16 minutes 10 seconds East 1211.25 feet, thence South 45 degrees 33 minutes 00 seconds East 1546.62 feet to a concrete monument at the Northerly line of Main (State) Road and the point or place of beginning. RESOLUTION OF THE SOUTHOLD TOWN BOARD - December 27, 1985 WHEREAS, John B. Tuthill has heretofore submitted to this Board a proposed agreement wherein the said John B. Tuthill proposes to grant to the Town of Southold a Scenic and Conservaton Easement on property owned by him and located at Orient, New York, and WHEREAS, the Town Attorney has approved said agreement, and WHEREAS, a public hearing was held by this Board with respect to the grant of such easement pursuant to Section 247 of the General Municipal Law, and WHEREAS, this Board believes that it is in the public interest to accept a grant of easement as proposed in said agreement. NOW, THEREFORE, BE IT RESOLVED that this Board does hereby accept the grant of a Scenic and Conservation Easement affecting the real property set forth in the aforesaid agreement of John B. Tuthill of the nature, character and extend and subnect to the terms and conditions of said agreement, and IT IS FURTHER RESOLVED that the Supervisor be and he hereby is author- ized and directed to execute said agreement on behalf of the Town of Southold and cause said agreement to be recorded in the Suffolk County Clerk's Office. SCHEDULE A ATTACHED TO AND FORMING PART OF AGREEMENT BETWEEN JOHN B. TUTHILL AND THE TOWN OF SOUTHOLD DATED DECEMBER 27, 1985 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 curved Northerly line of Main (State) Road at the Southeasterly corner of the premises herein described and running thence Westerly along said curved Northerly llne 185 feet, mor or less, as measured by a tie line S 69 degrees 08 minutes 40 seconds West 185.0 feet to land now or formerly of Glover; running thence along said land of Glover 3 courses as follows, to wit: North 28 degrees 50 minutes 30 seconds West 196 feet, thence South 53 degrees 27 minutes 10 seconds West 129 feet, thence South 24 degrees 48 minutes 50 seconds East 168 feet to said curved Northerly line of the Main (State) Road, thence Westerly along said curved Northerly llne, 179 feet, more or less, as measured by a tie llne South 61 degrees 48 minutes 40 seconds West 153.36 feet to a 25 foot strip or future road of Dorman and others, running thence along said land of Dorman and others 4 courses as follows, to wit: North 46 degrees 56 minutes North 47 degrees 35 minutes South 59 degrees 50 minutes 10 seconds West 40 seconds West 20 seconds West 1632.81 feet, thence 114.95 feet, thence 53.22 feet, thence 1015 feet more or Island Sound; North 36 degrees 52 minutes 30 seconds West less to the ordinary high water mark of Long thence in a general easterly direction along said ordinary high water mark of Long Island Sound 425 feet to land now or formerly of Hamburger and others, thence along land last mentioned the following 2 courses, to wlt: South 46 degrees 16 minutes 10 seconds East 1211.25 feet, thence South 45 degrees 33 minutes 00 seconds East 1546.62 feet to a concrete monument at the Northerly line of Main (State) Road and the point or place of beginning. - 5 - PUBLIC HEARING SOUTHOLD TOWN BOARD December 27, 1985 3:30 P.M. IN THE MATTER OF A PROPOSED GRANT OF SCENIC AND CONSERVATION EASEMENT BY JOHN B. TUTHILL~ PROPERTY SITUATE AT ORIENT, N.Y. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. $chondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: I would like to open this public hearing. It's a public hearing on the granting of a Scenic and Conservation Easement by John Tuthill to the Town of Southold. Legal Notice to be read by Councilman Townsend. COUNCILMAN TOWNSEND: I'll open by reading the notice that appeared in the papers. "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 27th day of December, 1985, at 3:30 · o'clock P.M. in the matter of the Grant of a Scenic and Conservation Easement by John B. Tuthill to the Town of Southold, to affect one parcel of real property owned by the said John B. Tuthill at Orient, New York, and generally described as follows:" What follows is a very long description, which I'll dispense with if no one has an objection. (No objection) (Entire legal description in the official file.) The property is located on the north side of Route 25 on the east side of Orient hamlet. COUNCILMAN STOUTENBURGH: North and south, isn't it? COUNCILMAN TOWNSEND: No, just north. TOWN CLERK TERRY: One side of the road. It's on the north side of Route 25. COUNCILMAN TOWNSEND: It's a conservation easement which means that the owner cannot develop the property for a period of eight years, without penalty. "The proposed grant of easement containing the terms and conditions thereof, and the land affected thereby, is on file in the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, and may be examined by any person interested therein. Dated: December 3, 1985. Judith T. Terry, Southold Town Clerk." This is similar to our Farmland Program, as amended, and this represents a new easement form for the Town of Southold, wherein the owner has to notify the Town that he is going to cease granting the easement some eight years before he actually develops the property, otherwise he is subject to a penalty. This was agreeable to Mr. Tuthill. Page'S' - John B. Tuthil~~' Grant of Scenic and Conservation Easement Councilman Townsend (continuing): We have affidavits of publication from The Long Island Traveler-Watchman, and from The Suffolk Times, and a notice from the Town Clerk that it was posted on the Town Clerk's Bulletin Board. SUPERVISOR MURPHY: Thank you, Joseph. You've heard the official reading of the notice of this hearing. Is there anyone here would like to speak in favor of granting it? RUTH TUTHILL: I'm John Tuthill's daughter. He's not able to be here because he's in Ohio. But I'd just like to say that this land has been in our family for at least 200 years and we plan to keep it that way, bare and open, as long as the taxes don't drive us to sell it to developers. SUPERVISOR MURPHY: Thank you. Is there anyone else would like to speak in favor? Dave? DAVID SPOHN, Orient: Yes, members of the Town Board, Supervisor. I support this. John Tuthill is a very civic minded person and I fully support his request. Thank you. SUPERVISOR MURPHY: Is there anyone else would llke to speak in favor? (No response.) Is there anyone here would like to speak in opposition to the granting of this easement? (No response.) Anyone llke to make any comment at all? (No response.) If not, I'll close this hearing. Judith T. Terry ~ Southold Town Clerk NOTICE OF H' ~.ING NOTICE IS HERL that a public hearing will be hell by the Town Board of the Towr of Southold, Suffolk County, New york. at the Southold Town Hall. Main Road, Southold. New York, on the 27th day of December, 1985, at 3:30 o'clock P.M. in the matter of the Grant of a Scemc and Conservation Easement by John B. Tuthill to the Town Southold, to effect one parcel of Decembe Z, 1985 to t~e 68 feet line of Main the Road or future others, Dorman a orth degrees ~[ feet VCest IOl, ill t~ ~long feet ~o follOW' gree.S e mona' ~he o~ce, ~ ~ad, , york, and STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) Mary K. Deqnan ofGroonport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ] 2 dayof December 19 85 Sworn to before m9 this NOTICE OF HEARING NOTIC~ IS HEREBY GIV- EN, 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 27th day of December, 1985. at 3:30 o'clock P.M. in the matter of the Grant of a Scenic and Conservation Ease- ment by John B. Tuthill to the Town of Southold, to effect one parcel of real ~roperty owned by the said John B. Tuthill at Orient, New York, and gener- ally described as follows: BEGINNING ~t a monument set on the Northerly line of Main (State) Road at the Southeasterly corner of the premises herein described and running thence along the Nor- therly line of Main (S'~ate) Road South 69 degrees 8 min- utes 40 seconds West 18,5.0 feet to land now or formerly of Glover; running thence along said land of Glover 3 courses as follows to wit: North 28 degrees 50 minutes 30 seconds '*'est 196 feet, thence South 53 degree~ 27 minutes.10 seconds West 129 feet,'thence South 24 degrees 48 minutes 50 seconds East 168 feet to the Northerly line of Main (State) Ro~d as follows to wit: South 61 de- grees 48 minutes 40 seconds West 153.36 feet to a 25 foot strip or future ro~d of Dorman and others,, running thence along said land of Dorman and other 4 courses as follows to wit: North 46 degrees 56 min- utes 10 seconds West 1632.81 feet, thence North 47 degrees 35 minutes 40 seconds West 114.95 feet, thence South 59 degrees 50 minutes 20 seconds West 53.22 feet, thence North 36 degrees 52 minutes 30 seconds West I015 feet more or les~ to the ordinary high water mark of Long Island Sound; thence in a general easterly direction along said ordinary high water mark of Long Island Sound 425 feet to land now or formerly of Ham- burger and others, thence along land last mentioned the following 2 courses to wit: South 46 degrees 16 minutes 10 seconds East 1211.25 feet, thence South 45 degrees 33 minutes 00 seconds East 1546.62 feet to a concrete monument at the Northerly line of Main (State) Road and the point or place of begin- ning. The proposed grant of ease- ment containing the terms and conditions thereof, and the land affected thereby, is on file in the Southold Town Clerk's Office. Southold Town Hall, Main Road, Southold, New York, and may be examined by any person interested therein. DATED: December 3, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK IT-12/12/85(4) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a publi~ 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-Watchman once each week for ..................... (. .... weeks successively, commencing on the ......... ,:"..-' .......... ,~) d(' Sx~orn to before me this ..................... day of Notary Public BARBARA FORBES Notary Fubiie, State of New York STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 6th day of December 19 85 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Notice of Hearing: Grant of Scenic and Conservation Easement, John B. Tuthill, Orient, 3:30 P.M., Friday, December 27, Southold Town Hall. 1985, Judith T. Terry Southold Town Clerk Sworn to before me this 6th day of December 19 85 . Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52-8125850, Suffolk Co~ly Term Expires M~rch 30, 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 Southold Town Hall, Main Road, Southold, New York, on the 27th day of December, 1985, at 3:30 o'clock P.M. in the matter of the Grant of a Scenic and Conservation Easement by John B. Tuthill to the Town of Southold, to effect one parcel of real property owned by the said John B. Tuthill at Orient, New York, and generally described as follows: BEGINNING at a monument set on the Northerly line of Main (State) Road at the Southeasterly corner of the premises herein described and running thence along the Northerly line of Main (State) Road South 69 degrees 8 minutes 40 seconds West 185.0 feet to land now or formerly of Giover; running thence along said land of Glover 3 courses as follows to wit: North 28 degrees 50 minutes 30 seconds west 196 feet, thence South 53 degrees 27 minutes 10 seconds West 129 feet, thence South 24 degrees 48 minutes 50 seconds East 168 feet to the Northerly line of Main (State) Road, thence along the Northerly line of Main (State) Road as follows to wit: South 61 degrees 48 minutes 40 seconds West 153.36 feet to a 25 foot strip or future road of Dorman and others, running thence along said land of Dorman and others 4 courses as follows to wit: North 46 degrees 56 minutes 10 seconds West 1632.81 feet, thence North 47 degrees 35 minutes 40 seconds West 114.95 feet, thence South 59 degrees 50 minutes 20 seconds West 53.22 feet, thence North 36 degrees 52 minutes 30 seconds West 1015 feet more or less to the ordinary high water mark of Long Island Sound; thence in a general easterly direction along said ordinary high water mark of Long Island Sound 425 feet to land now or formerly of Hamburger and others, thence along land last mentioned the following 2 courses to wit: South 46 degrees 16 minutes 10 seconds East 1211.25 feet, thence South 45 degrees 33 minutes 00 seconds East 1546.62 feet to a concrete monument at the Northerly line of Main (State) Road and the point or place of beginning. Page 2 - Tuthi Easement The proposed grant of easement containing the terms and conditions thereof, and the land affected thereby, is on file in the Southold Town Clerk's Office, Southold Town Hall, Main Road, $outhold, examined by any person interested therein. DATED: December 3, 1985. New York, and may be JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, DECEMBER 12, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board John B. Tuthill