HomeMy WebLinkAboutYoung, Howard L & George L, JrGRANT OF SCENIC AND CONSERVATION EASE]%'IENT
THIS INDENTURE made this~.~_,~_ day of ~/~, 1974, by and
between HOWARD L. YOUNG, residing at Main Road (no number), Orient,
Town of Southold, Suffolk County, New York, and GEORGE L. YOUNG, JR.,
residing at Main Road (no number), Orient, Town of Southold, Suffolk County,
New York, (the "grantors") 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").
WI-~REAS, the grantors are the owners of a certain parcel of land
consisting of thirty-seven (37) a2res, more or less, of farm, wood and
meadow land located at Orient, Town of Southold, Suffolk County, New York
generally bounded and described as follows:
BEGINNING at a point formed by the intersection of the southerly
line of State Road (Route 251 and the westerly line of Narrow River
Road and from said point of beginning running thence along said
westerly line of Narrow River Road 1100 feet, more or less, to
an angle in said road; running thence in a westerly direction
along the northerly line of Narrow River Road 1000 feet, more
or less, to land now or formerly of Tuthill; running thence
along land last mentioned 220 feet, more or less, to land now or
formerly of Sledjeski; running thence along land last mentioned
and along lands now or formerly of Droskoski and Sabine 1600 feet,
more or less, to said southerly line of State Road (Route 25);
running thence along said southerly line of State Road (Route 25)
1000 feet, more or less, to said westerly line of Narrow River
Road and the point or place of beginning.
Containing 37 acres, more or less.
Being and intended to be the same premises described in a
deed dated November 23, 1953 and recorded in the Suffolk County
Clerk's Office on November 24, 1953 in Liber 3616 of deeds at
page 562.
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 potentiai value of abutting and surround-
ing properties and ~vould maintain or enhance the conservation of natural and
scenic resources; and
~HEREAS, the grantors wish 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 X-ork 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
~rH~EREAS, 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 grantors, and
~HEREAS, 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 ,~vere 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 grantors the
receipt of which is hereby acknowledged, this agreement witnesseth that:
1. The grantors do 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
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for agricultural purposes.
(bi 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 buildings or structures shall be placed or
erected on the premises.
(d) No gravel, sand, peat or other material,
except salt hay or thatch shall be removed from the premises nor shall any
sand, gravel or other materials be placed upon the premises;
(e) No roadways or driveways shall be constructed
on the premises except unimproved farm roads;
(f) The grantee and its authorized agents shall have
the right of inspection of the premises at any and all times during the term
he re of.
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 grantors.
(b) All rights, interests and privileges of the
grantors in the premises not herein specifically donated, granted, transferred
and conveyed shall remain and reside with the grantors.
4. This agreement may be cancelled by the grantors
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
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grantee shall execute and deliver to the grantor a release of easement
instrument in recordable form.
5. In the event that the grantors desire to dispos? of the
premises, or any part thereof, during the term of this agreement, or any
renewal or extension thereof, by sale the grantors 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
grantors 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 per-
missable, the valuation plaeedupon the premises for purposes of real estate
taxation will be limited by the restriction of this scenic easement in accord~
ance 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 remain
in effect until the/Y4~'z day of~'~-~ 1984, at which time all of the
provisions hereof shall be automatically extended for successive periods of
one (1) year, unless on or before the ~/~ day of~ 1984 or sixty
(60) days prior to the end of any such extension period, either party hereto
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LiBER
shall be 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.:
TOWN OF SOUTHOLD
Supervisor
Howard L. young
day of~1974, before me personally came ALBERT
M. MARTOCCHIA, to me know~l, who, being by me duly sworn, did depose
~nd say that he resides at 450 Seventh Street, Greenport, New York; that
he is the Supervisor of the TOWN OF SOUTHOLD, the corporation described
in and which executed the foregoing instrument; that he knows the seal of
said corporation; that the seal affixed to said instrument is such corporate
seal; and that it was so affixed by order of the Town Board of said municipal
corporation and that he signed his name thereto by li~ order /~-~
Notary Public
STATE OF NEW YORK)
ROB£~' W. TASK~R
SS. : NOTARY PUBLIC, State of New York
COUNTY OF SUFFOLK) Suffolk Count)' No. 52-3933725
Term Expires M3rch 30, 1975
On the~/day of'~r)~, 1974, before me personally came HOWARD
L. YOUNG and GEORGE L. ~0UNG, JR., to me known to be the individuals
described in and who executed the foregoing instrument, and they acknowledge~
to me that they executed the same.
/ Notary Public
BABETT~ C. CO'~oy
Corem ss/on Z~"es M=ch ~,
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WHEREAS, Howard L. Young and George L. Yotutg, .Ir.
heretofor submitted to this F'oard a proposed agr'eement wherein
lioward L. Young and George L. Toting, ,ir. propose to gra~t tt~
Southold a Scenic and/or Conservation I!asement on I)ropert~ owned
and located at Orient, _~ew York,
WItERt~AS, the town attorney ttas approvecl said agreement,
WHEREAS, a public hearings ~as held bv this B~rd wit[~
the grant of suctl easement pursnant to Section 247 of the ('tqlol'al.
l.ax% alld
WtIER1EAS, this Eoarcl t0eliexes that it is i~t the public ii~tt,rcs',
accept a gPant of easement as pr'oposed in said agreement.
NOW, THEREFORE, E~E iT [tESOLVED that this E'oard
accept the grant of a Scenic and/oz' Conservation Easement elgectfztg
property set forth in the aforesaid agr'eentcnt of ~ oward L. ~ottng
L. Young, dr. of the natttre, character and extent and subject to the
and conditions of said agreement, and
iT IS I,'URTI1EH tlESOLVED, that the supervisor be and
is authorized and directed to execute said agreement on behalf or' the
Southold and to cause said agreement to be recorded in the St~ffolk
Clerk's Office.
Public Hearing held May 7, 1974. Present: Supervisor
Martocchia, Justice Suter, Justice Demarest, Councilman James
Homan and Councilman Rich.
Justice Demarest read the 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 Supervisor's Office, 16 South Street, Greenport,
New York on the 7th day of May 1974, at 3:30 o'clock p.m. in
the matter of the grant of a scenic and/ or conservation ease-
ment by Howard L. Young and George L. Young, Jr. to the Town of
Southold, to affect a parcel of real property owned by the said
Howard L. Young and George L. Young, Jr. and generally described
as follows:
A certain parcel of land consisting of 37 acres, more or
less, of farm, wood and meadow lands located at the inter-
section of the southerly line of State Road (Route 25) and
the westerly line of Narrow River Road in the Hamlet of
Orient, Tow~ of Southold, Suffolk County, New York, gener-
ally bounded northerly by State Road (Route 25); easterly
by Narrow River Road; southerly by Narrow River Road; and
westerly by lands now or formerly of Tuthill, Sledjeski,
Droskoski and Sabine.
The proposed grant of easement containing the terms and
conditions thereof, and the land affected thereby, is on file
in the Southold Tow~ Clerk's Office, Main Street, Southold,
New York, and may be examined by any person interested therein.
Dated: April 9, 1974
BY ORDER OF THE SOUTHOLD
TOWN BOARD
ALBERT W. RICHMOND
TOWN CLERK
Proof of publication was presented from the Suffolk Weekly
Times and the Long Island Traveler - Mattituck Watchman. Proof
of posting was presented by the Town Clerk in the Town Clerk's
Office.
Mr. Martocchia: You have hear the legal notice for the negative
easement. This is a ten year program. Is there anyone who
wishes to speak in behalf of granting this application? Is there
anyone wishing to speak in opposition? There being noone wishing
to speak, I declare the hearing closed.
Respectfully submitted,
Muriel~Brush, Secretary
NOTICE OF HEARING
NOTICE IS ItEREBY GIVEN, that a public hearing will be held by the
Town Board of the Town of Southold, Suffolk County, New York at the
Supervisor's Office, 16 South Street, Greenport, New York on the 7th day
of May 1974, at 3:30 o'clock P.M. in the matter of the grant of a
scenic and/or conservation easement by Howard L. Young and George L.
Young, Jr. to the Town of Southold, to effect a parcel of real property owned
by the said Howard L. Young and George L. Young, Jr. and generally
described as follows:
A certain parcel of land consisting of 37 acres, more or
less, of farm, wood and meadow lands located at the inter-
section of the southerly line of State Road (Route 25) and the
westerly line of Narrow River Road in the Hamlet of Orient.
Town of Southold, Suffolk County, New York, generally
bounded northerly by State Road (Route 25); easterly by
Narrow River Road; southerly by Narrow River Road;
and westerly by lands now or formerly of Tuthill, Sledjeski,
Droskoski and Sabine.
The proposed grant of easement containing the terms and conditions
thereof, and the land effected thereby, is on file in the Southold Town Clerk's
Office, Main Street, Southold, New York, and may be examined by any
person interested therein.
Dated: April 9, 1974
BY ORDER OF THE SOUTHOLD
TOWN BOARD
ALBERT W. RICHMOND
TOWN CLERK
PLEASE PUBLISH ONCE, APRIL 25, 1974, AND FORWARD TWO AFFIDAVITS
OF PUBLICATION TO THE SOUTHOLD TOWN CLERK, MAIN ROAD, SOUTHOLD,
NEW YORK.
April 17,1974:
Copies to: The Suffolk Times
The Long Island Traveler-Mattituck Watchman
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN'
that a public hearing will be held
S~)uthold. Suffolk Colmt). Ncx~
x,,ard L. Yotlng and George L.
property owned by the said
Howard L. Young and George L.
Young. Jr. and generally des-
cribed as f~llowst
A ccrtain parch] of land
COII%iStilIg at 37 acres, more al
lands located at the intersecti~m
tffthc southerl3 linc of State Road
I Route 2S} and tile v,'esterl5 line of
Narrow River Rtmd in the Hamlet
of Orient. [owii of Southold.
Suffl)lk County. Ne,.', York.
generally bounded northerly by
State Road IRoute 25); ea~,terl?.
by Narrov.' River Road: southerly
by Narrm'. Ri,.er Road: iuld
of Ttttidlll Sledjcski. Dro,,koski
and Sabine.
Thc proposed gram of case
SOtLth~fid Ioxxn Clerk's Office.
Dated: April c). 1974
BY ORDER OF TIlE SOU [Hard
TOWN BOARD
ALBERTW. RICHMOND
laWN £'LERK
I F. 4 2~
COUNTY OF SUFFOLK I ss:
STATE OF NEW YORK
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MATTITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is o printed copy, has been
published in said Long Islcand Troveler-Mottituck Watch-
man once each week for ............... ~..(.~ .................... weeks
successively, commeocing on the ............... ,.: ......................
d~/ o ...................... .F~ ............. , Ig'-.,--r..
Sworn to before me this ........... L..; ........
' 19 ......:..
day of
Notary ~ebl/c ,'
NOTICE t)F 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 Supervisor's Office.
16 South Street, Greenport, New
York on the 7th day of May 1974,
at 3:30 o'clock P.M. in the matter
of the grant of a scenic anti-or
conservation easement by
Howard L. Young and George L.
Young. Jr. to the Town of
Southold, to affect a parcel of real
property owned by the ~aid
Howard L. Young and George L.
Young, Jr. and generally
described as follows:
A ~certerin.'~ pai'cel of,land
consisting id' 37 acres, -more
or less, of farm, wo0~l: and
meadow lands locate~ the
intersection of the soh"t/herly
line of Star,Road (Route 25)
and the westerty line of
Narrow Riv~ Road in the
Hamlet of'.0rieat, Town of
Southold, Suffolk County,
New York, generally
bounded northerly by State
Road (Route 25); easterly by
Narrow River Road;
southerly by Narrow River
Road: and westerly by lands
now or fot'm~rly of Tuthdi,
Sledjeski, Droskoski and
Sabine.
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,
Main Street, Southold, New York,
COUNTY OF SUFFOLK. ]
STATE OF NEW YORK, ~ ss:
......... S. ~c.u.a.r. ~..C.:..Dgrma.~ .......... being duly Sworn.
says that ...h..e.. is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county: and that the notice, o! which the -~-exed is o printed
copy. has been published in the suid Suffolk Weekly Times
once in eoch week, for ........... .o.n.e...(.1. ! ....... weeks
successively commencing on the ........... .2~.t..h ..........
day of ..... ~.P. ri! ......... 19.?.~.
Sworn to before me this ...2.~.~.h....
day of ADril 19.7 .~.
and may be examined by any
person interested therein,.
Dated: April 9, 1974
BY ORDER OF THE
SOUTHOLD TOWN BOARD
ALBERT W. RICHMOND
TOWN CLERK
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
Southold,
SS:
ALBERT W. RICHMOND,
New York, being duli' sworn,
age of twenty-one >,ears; that on the
19 74
is a true copy,
public place in
York, to wit:-
of Southotd, Town ,~,:
26th day uf April
he affixed a notice of which the annexed printed
in a proper and substantial manner, in ~
the Town of Southold, Suffolk Count,..', New
Legal Notice - Notice of Hearing
3:30 P.M., May 7, 1974 - Scenic Easement
George L. & Howard L. Young
Town Clerk Bulletin Board, Town Clerk Office
Main Road,
Sworn to before me this
26th day of April
19 74
~7~0~ary ~ub[ic '
Southold, L.I.,N.Y. _
~b~rt-W. Richmond, 7/~wn
At a meeting of the Town Board of the Town of Soulhold heht at thc
Supervigor~s Office, 16 South Street, Greenport, New York, on the 0th day
of April 1974.
WIIEREAS, Ito~vard L. Young and George I,. Young, ,lt. of ()cient,
New York, have submitted'to this Board a [~roposed agreement invnlvmg a
parcel of land at Orient, New York owned by the said Howard L. Young and
George L. Young, ,Ir. upon which the said Howard l,. Voung and George !,.
Young, ,Ir. propose to grant to the Town of Southold a scenic and/or
conservation easement, and
WHEREAS, the Board has examined the proposed agreement and
believes that it is in the public interest to acquire the easement pr'oposed by
the said Howard L. Young and George L. Young, ,Ir. effecting the real
property described in said agreement, and
WHEREAS. Section 247 of the General Municipal I,aw provides that
this Board shall hold a public hearing with respect to saicl grant of easement,
NOW, TF[EREFORE, BE IT RESOLVED that a public hearing bc held
by this Board at the Supervisor's OfFice, 16 South Streei, (lm, cnr.~r'l, New
York on the 7th day of May 1974, at 3:30o'clock P.M. in the matter
of the grant of a scenic and/or conservation easement by [Ioward L. Young
and George L. Young, Jr. to ihe Town of Southold in accordance with the
aforesaid agreement presented to this Board, and it is £urther
RESOLVED, that the Town Clerk cause notice of such hearin~ to be
published in accordance ~vith law.
Main Road
Orient, New York 11957
April 3, 1974
Hon. Louis M. Demarest
Deputy Supervisor, Town of Southold
16 South Street
Greenport, New York 11944
Dear Sir:
We are the owners of a parcel of vacant land comprising approximately 37 acres
located at the southwesterly corner of the intersection of State Road and Narrow
River Road at Orient, New York. This property consists of farmland and the
southerly portion thereof is partly meadow and contains a small pond. This
property is contiguous along the southerly end of its westerly boundary with lands
of John Tuthill. We understand that the Town of Southold has entered into a
negative easement agreement with John Tuthill and we desire to enter into a
similar agreement with the Town concerning our property.
Enclosed herewith is a proposed Grant of Scenic and Conservation Easement
which is similar to the agreement involving the Tuthill property.
Also enclosed herewith is Sheet 18 of the Southold Town tax map which shows our
property outlined in red.
It is our understanding that if the Town Board is favorably disposed to such a
grant that a public hearing must be held on the matter.
We would appreciate receiving word from you as to whether or not the Town Board
is willing to execute such an agreement. If there are any questions concerning
this, we would be happy to meet with the Board.
Yours very truly,
,-..- ?,,. ; ~
Howard L. Young
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