HomeMy WebLinkAbout1000-32.-1-12
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GRANT OF SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this ~~?U!. day of (JJr/ft:J/J elf!..., 1981, by
and between GEORGE R. LATHA!1, JR., residing at Private Road, Orient,
Town of Southold, Suffolk County, New York (the "grantor") and the
TO,VN OF SOUTHOLD, a municipal corporation of the State of New York,
having its office at (No Number) Route 25, Southold, Suffolk County,
New York (the "grantee").
WHEREAS, the grantor is the owner of a certain parcel of
land consisting of 5.3 acres, more or less, of meadow located on the
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southwest side of King Street in the Hamlet of Orient, Town of Southold,
Suffolk County, New York, generally bounded northerly by Gid's Bay;
easterly by Pete Neck Creek; southerly by Orient Harbor; and westerly
by other lands of the grantor, said land being shown and designated
on a certain map prepared by Roderick Van Tuyl, P.C. entitled, "Minor
Subdivision made for George R. Latham, Jr. at Orient, Town of Southold, '
New York," dated April 2, 1981 and last amended August 10, 1981, and
which parcel of land is more fully described in Schedule "A" hereunto
annexed and made a part hereof, which are hereinafter referred to as
"the premises", and
,VHEREAS, said premises constitute an area of natural scenic
beauty and whose existing openess, 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
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I' l-ffiEREAS, the grantor \~ishes to grant a scenic and conserva-
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I tion easement to the grantee upon the premises; and
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I: WHEREAS, the grantee deems it to be in the public interest
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to acquire interests or rights in real property for the preservation of
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open space and areas to preserve the beauty and natural conditions of
estuarine areas in the Town of Southold; and
IVHEREAS, 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
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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:
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
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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 re-
qui red 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.
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(c) No building 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 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.
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Ii grantee of a sum equal to three times the difference bet\~een the amount
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4.
This agreement may be cancelled by the grantor upon
sixty (60) days written notice to the grantee and upon payment to the
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
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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 default inthe terms, conditions, covenants or restrictions contained
herein.
7. If the whole or any part of the premises shall be con-
demned 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
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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 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, restrictionsr
agreement shall continue and remain
October , 1991, at which time all I
automatically extended for successive
easements and provisions of this
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in effect until the 22nd
day of
of the provisions hereof shall be
periods of one (1) year, unless on or before the 22nd day of August
1991, or sixty (60) days prior to the end of any
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.
k /C. 'o(~~
Geot e R. Latham, Jr. i
TOvm OF SOUTHOLD
By: 6.W..dd.-t~ .Q.JJlh5
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!: STATE OF NEW YORK)
;1 55.:
1: COUNTY OF SUFFOLK)
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On the oZ-:?71,( day of mJrbCA!--, 1981, before me personally
came GEORGE R. LATHAM, JR., 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.
c&.-!d~&d ~ ~u_
N tarv Public ?/
JUDITH T. TEFlFlY
Notary Public, State of Now. Yor/c:
No. 52-0344963 Suffo'k Co ...
Com . . .' un~Ytl.o
mIssIon Expires March 30, 19/1oJ
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STATE OF NEW YORK)
ss.:
COUNTY OF SUFFOLK)
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On the 20th day of October , 1981, before me personally
came William R. Pell, III _' to me known, who, being by me duly
sworn, did depose and say that he resides at Anglers Road, 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 like order.
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.dto<!/. --:7. ~/./"/H~/
~btary Public U
JUDITH T. TERRY
Notary Public. StClte of New York
No. 52-03449033 Su;:olk County
Commiss;on Expires i\Jarch 30, 19~
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SCHEDULE "A"
BEGINNING at a point at the southwesterly terminus of a certain 25 foot
private road and running along said line of private road North 180 37'
East, 25 feet;
THENCE North 340 00' East, 265 feet to the ordinary high water mark of
Pete Neck Creek;
THENCE southeasterly and then southerly along Pete Neck Creek 1050 feet;
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THENCE northwesterly along the shore of Orient Bay 400 feet, to a point;
THENCE North 120 52' 20" East 420 feet;
II THENCE North 710 23' West, 107 feet to the point of BEGINNING.
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Containing 5.3 acres, more or less.
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