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HomeMy WebLinkAboutL 10924 P 82GRANT SCENIC AND CONSERVATION EMENT 10924 082 THIS INDENTURE made this 26th day of July, 1989, by and between LYLE B. ~/THILL, residing at No~ Main Road, Orient, New York, REGINALD TUTHILL and RUTH TUTHILL, his wife, residing at No~ / /~ Munn Lane, Orient, Town of Southold, Suffolk County, New Yo~rk, ~/.~(.collective~y' referred to as the "grantor"), and the TOWN OF ~ '2/.-'SbUTHOLD, a Municipal Corporation of the State of New York having  its office at 53095 Main Road, Southold, Suffolk County, New York, (the grantee )o WHEREAS, the grantor is the owner of a certain parcel of land consisting of twenty-six (26) acres, more or less, of farm, wood and meadow land located between Route 25 and Hallock's 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 Latham Farms said lands being shown and designated on a certain map entitled, "Map of Lands to pursuant by Young 22, 1988 made a part hereof; as the "premises"; be acquired to Section 3-0305 of the Environmental Conservation Law" & Young consultant, Riverhead, New York, dated November and more fully described in Schedule A annexed hereto and which said lands are hereinafter referred to 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 I.~ I, conservation easement to the grantee upon the premises; and WHEREAS, the grantee deems it to be in the public interest to acquire interest 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 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: I. 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. lb) Except as provided in paragraph 2 Icl no development ~ 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 meadows, or underwater lands adjacent to the premises; lc) 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 Hallockts Bay, no buildings or structures shall be placed or erected on the premises. (d) No gravel, sand, peat or other materials, 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) 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. ~t. 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 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 default 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 the 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 easement in accordance with Section 747 of the General Municipal Law of the State of New York. 9. Ail restrictions, continue and the covenants, conditions, reservations, easements and provisions of this agreement shall remain in effect until the 31st day of December, 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 30th day of September, 1990, or 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. STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS.: On the 26th day of J~___, 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; 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 board of directors of said corporation and that he signed his name thereto by like order. STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the ~.3~ day of July, 1989, before me, a Notary Public of the State of New York, came John B. Tuthill, to me known to be the attorney-in-fact of Lyle B. Tuthill, the individual described in and who, by John B. Tuthill, said attorney-in-fact, executed the foregoing instrument and duly acknowledged before me that he executed the same as the act and deed of Lyle B. Tuthill therein described, and for the purpose therein mentioned by virtue of a power of attorney recorded in the office of the Clerk of the County of Suffolk on November 15, 1988, in Liber 10735 of Conveyances at Page 384, and also swore before me that the said Lyle B. Tuthill was still alive and has not revoked the said power of attorney and is not under any disability. Notary Public ~u~,~9! 045- Su~c~tk Couflh. Comm~s~oo ~p~re~ May 3~, l~ SCHEDULE "A" ATTACHED TO AND FORMING A PART OF AGREEMENT BETWEEN JOHN B. TUTHILL AND THE TOWN OF SOUTHOLD DATED: 3ULY 26, 1989 Beginning at a point on the westerly line of Narrow River Road, said point being marked by a pipe set on the division line of land of Latham Farms on the South and land of Lyle Tuthill, and Ruth and Reginald Tuthill on the North. Running thence from said point of beginning, along the aforementioned division line the following three courses and distances: 1. N. 48° 57' I1" W. 1191.86 feet 2. N. 25° 35' 59" E. 320.48 feet to a pipe 3. N. 45° 26' 51" W. 494.56 feet Thence continuing along land of Latham farms and along a State of New York permanent easement. N. 54° 54' 41" W. 1272,43 feet to a point on the southerly line of Main Road. Running thence along the southerly line of Main Road. No, 48° 41' 19" E. 243.69 feet to land now or formerly of R, Jr. and M. Scott. Running thence along land now or formerly of R, Jr. and M, Scott the following three courses and distances: 1. S. 46° 39' 21" E. 2. N. 46° 58' 39" E. 3. N. 46° 17' 21" W. 162.16 feet 133.60 feet 155.28 feet to a point on the southerly line of Main Road. Running thence along the southerly line of Main Road N. 55° 50' 09" E. 367.48 feet to a monument and land now or formerly of Carol Sledjeski. Running thence along land now or formerly Carol Sledjeski and the Estate of Amelia Sledjeski S, 41° 55' 31" E. 710,09 feet to a monument. Running thence still along land of Estate of Amelia Sledjeski S. 49° 27' 59" W, 313.17 feet and S, 48° 58' 51" E. 950,22 feet to a monument. Running thence through land of Lyle Tuthill and I~uth and Reginald Tuthill, the following three courses and distances: ~ 1. S. 59° 29' 51" W. ¢? 2. S. 10° 59' 30" W. .~'~ 3. S. 56° 30' 30" E. line of Narrow River Road. Narrow River Road S. 07° 29' 29" W. 280.00 feet and S. 266.66 feet to the point or place of beginning. Containing 26.9127 acres more or less. 64.81 feet 143.00 feet 1005.00 feet to a point on the westerly Running Thence along the westerly line of 23° 59' 29" W. STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the .-i'~"'~ day of July, 1989, before me personally came Reginald Tut~-~f, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. Notary Public ,., No~ Public, State ,': No. 0181469~5 - Sum~lk ~m~ ~P~[~ May SS.: STATE OF NEW YORK) ) COUNTY OF SUFFOLK) On the ~,3 Tuthill, executed executed c.~_, day of July, 1989, before me personally came Ruth to me known to be the individual described in and who the foregoing instrument, and acknowledged to me that she the same. MARCARET Br~0cO Nof~ry Public, State el New Yrj~ No OlBI4~;gJE~45 - S,~;fc[~ Ceun~ Commpssmfl Exmres t,')ay .J;, [9:24 10924 g078 RELEASE OF SCENIC AND CONSERVATION EASEMENT 3370 Release cjiven 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 uMain Road, Southold, Suffolk County, New York to John B. Tu~thill, his ccessors and assigns. ' ~' · (o On the 30th day of May 1973, John B. Tuthill granted to the Town of Southold a scenic and conservation easement upon the premises described as ~)' Follows: . 0~,~'~// Beg[nnincj 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° 26' 10" East, 710.09 feet to a monument; 2. South 60° 57' 20" West, 313.17 feet to a monument; 3. South 37© 29' 30" East, 950.22 feet to a monument; Along the edge of a meadow on a tie lin.e course and distance of · ~.,~orth 73° 7. 511 10I' East, 419.37 feet to a monument; North 64° 38' East, 95.85 feet to a monument; North 47© 22' East, 247.18 feet to a monument; 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 Hallockms 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 3?° 27' 50" West, 1368 feet, more or less; 2. North 37° 05' 20" East, 320.48 feet; 3. North 33° 57' 30" West, 494.56 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 how or formerly of Sibly 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 I$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 bei~.g 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. STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.' On the 26thday 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.