HomeMy WebLinkAboutTuthill Scenic EasementSUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~pe of Instrument: EASEMENT/DOP
Number of Pages: 8
TRANSFER TAX NUMBER: 01-20515
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
017.00 06.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
12/31/2001
11:24:06 AM
D00012160
868
Lot:
014.001
Received the Following Fees For
Page/Filing $24.00
COE $5.00
Notation $0.00
RPT $15.00
Transfer tax $0.00
TRANSFER TAX NUMBER: 01-20515
THIS PAGE IS
Above Instrument
Exempt
NO H~ndling
NO TP-584
NO Cert. Copies
NO SCTM
NO Comm. Pres
Fees Paid
$5 O0
$5 oo
$4 oo
$0 oo
$0 oo
$58 oo
A PART OF THE INSTRUMENT
Exempt
NO
NO
NO
NO
NO
Edward P.Romaine
County Clerk, Suffolk County
Number of pages
TORRENS
Serial #
Certificate #
Prior Ct~ #
Deed / Mortgage Instrament
'l
Notation
EA-52 17 (County)
EA-5217 {State)
Comm. of Ed. 5 O0
Reg. Copy
Other
This page forms part ofth~
TO
BOXES 5 THRU 9 MUST BE ~
_]
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
x Service Agency Verification
B l~ck Lot
O/q,
~es List Property Owners Mailing Address
D & RETURN TO:
'/971-'
I 6
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
Or
Spec./Add.
TOT. MTG, TAX
Dual Town Dual Count2~.
Held for Apportionment
Transfer Tax
Mansion Tax
The property covered by this mortgage m or
will be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriate tax clause on page ~
of this instrument
Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
VacantLand
TD
FD
TD
] Title Company Information
County Recording & Endorsement P,age
attoched~,, 2~F 7~7~,/]'/'9~A]/d?~,I~FAg-Yr~n/~--/~ madeby:
(SPEU~ ~E OF ~8~ )
tl~ ~/L~ ~e presses here~ is si~t~ ~
5, ~/~ ~/~ ~ S~OLK CO~, ~W YO~
~e Tom~p of ~L~
~ ~ 0 ~ Se ~LLAGE
or ~ET of O~/~ ~
YPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
GRANT OF TERM SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this gl:~ ~ay of ~'~a..) , 2000, by and between JOHN
B. TUTHILL LEMITED FAMILY PARTNERSHIP, a/k/a JOHN B. TUTHILL FAMILY L.P.,
c/o John B. Tuthill, PO Box 192, Orient, NY 11957, (the "Grantor") and the TOWN OF
SOUTHOLD, a Municipal Corporation of the State of New York having its office at 53095 Main
Road, Southold, Suffolk County, New York, (the "Grantee").
WHEREAS, the Grantor is the owner of a certain parcel of land consisting of thirty-four
(34) 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, and SCTM# 1000-17-6-14.1, generally
bounded northerly by Main State Road; easterly by other land now or formerly of Tuthill and
others; southerly by Orient Harbor, a~a~d westerly by land now or formerly of Van Cleef, said
lands being shown and delineated on a certain map entitled "Proposed "Setoff' of Property
Situate Orient, Town of Southold, Suffolk County, New York" made by John C. Ehlers, Land
Surveyor, Riverhead, New York, dated December 17, 1999, 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 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 term scenic and conservation easement to the
Grantee upon the premises; ~nd
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 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, 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 persons 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 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 excepting that the existing dredged
channel 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) and 2 (e) no development of any
kind shall be permitted nor shall any commercial uses except agricultural
and fishing uses be made of the premises including the beaches or
meadow, or underwater lands adjacent to the premises.
(c) No buildings or structures shall be placed or erected on the premises
except for the following:
i. Grantor shall have the right to maintain the existing farm vegetable
stand and make modest improvements provided that such improvements
do not exceed 50% of the existing footprint, subject to regulatory
approval.
ii. Grantor shall have the right to store fishing nets, stakes, boats and other
fishing equipment adjacent to the creek entrance at or near Orient Harbor.
iii. Grantor shall have the right to install a septic system and a water
supply system in the open area tO serve the development area as shown on
a survey of the property made by John C. Ehlers, Land Surveyor,
Riverhead, New York, dated December 17; 1999.
(d) No gravel, sand, peat or other material, except salt hay, thatch, seaweed 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.
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.
In the event that the Grantor has an offer from a prospective buyer to purchase the
premises, or any part thereof, the Grantor shall give the Grantee 120 days notice
of such proposed sale and the terms thereof The Grantee shall have the option to
purchase the development rights on the portion of the premises that is subject to
the terms of this easement within said one-hundred twenty (120) day period
provided that the prospective buyer ~s in agreement and is willing to purchase the
remainder of the property in its restricted form. In the event the prospective
buyer is not willing to purchase the restricted property, Grantee will then have the
right to purchase the entire property on the same terms as the proposed sale to the
prospective buyer. The purchase price for the development fights and/or fee title
shall be the appraised value as determined by an appraiser acceptable to both
Grantor and Grantee. If the parties hereto cannot agree upon an appraiser, each
party shall appoint an appraiser, and each of such appraisers shall appraise the
development rights. If the average value of the two appraisals is not acceptable to
both parties, the two appraisers shall mutually select a third appraiser who shall
then appraise the development rights and/or fee. The average of the three ,
appraisals shall conclusively determine the appraisal price.
FROM : FAX NO. :
Fidelity National Title
INSURANCF, COMPANY OF NEW YORK
D~c. 31 20~1 10:39~M P2
Title No. 01-3704-33692.SS
SCHEDULE A
COMMENCING at the point of intersection formed by the southerly
side of Main Road (State Road 25) and the westerly side of a
private road otherwise known as nRackett's Court" said point also
being 324 feet from the corner of Main Road (State Road 25) and the
westerly side of Oysterponds Lane said point also being the
northeast corner of the land of John B. Tuthill; and
RUNNING TEENCE from said point or place of beginning; South 32
degrees 34 minutes 40 seconds West, along the westerly side of
Rackett's Court a distance of 435.40 feet to the southwesterly
corner of "Rackett's Court";
THENCE South 54 degrees 24 minutes 10 seconds East along the
southerly line of "Rackett's Court" and the land of Bryant Tabor,
a distance of 178.36 feet to a monument and the land of A & R
Abersmith;
THENCE South 32 degrees 44 minutes 50 seconds West along the land
of Abersmith, Dispenza, Neilson, Newman snd Van Cleef through a
monument a distance of 443.28 feet to the northeast corner of land
of Henrietta Rackett;
THENCE along the land of Rackett North 55 degrees 36 minutes 10
seconds West a distance of 316.18 feet to a point;
THENCE South 34 degrees 09 minutes 00 seconds west, along the land
also along the land of Mary Jane Hicks a distance 353.40 feet to a
point adjacent to the corner of a concrete seawall and the waters
of a tidal creek fed from Orient Harbor;
THENCE South 89 degrees 07 minutes 16 seconds West, a distance of
319.55 feet to the average high water mark of Orient Harbor;
THENCE along the average high water mark of Orient Harbor North 57
degrees 01 minute 53 seconds West, a distance of 585.13 feet to the
land of Van cleef;
THENCE along the land of Van Cleef and through a post NorEh 20
degrees 16 minutes 40 seconds East, a distance of 1252.83 feet to
the southerly lien of Main Road (State Road 25);
24 Commerce Drive · Riverhead, New York 11901 · Telephone: (631) 727-0600 · Fax:: (631) 727-0606
FROM : FAX NO. :
"O tyNat
F deliional Title
I~ISURANCE COMPANY OF NEW YORK
D~c. 31 2001 10:39~M P3
THENCE the following eight courses and distances along the
southerly side of Main Road (State Road 25) South 80 degrees 44
minutes 40 seconds East, a distance of 257.40 feet;
THENCE South 76 degrees 14 minutes 20 seconds East, a distance of
142.53 feet;
THENCE South 66 degrees 32 minutes 40 seconds East, a distance of
!04.15 feet;
THENCE South 61 degrees 42 minutes 30 seconds East a distance of
118.64 feet;
THENCE South 59 degrees 50 minutes 00 seconds East, a distance of
251.94 feet;
THENCE South 56 degrees 22 minutes 50 seconds East, a distance of
190.57 feet;
TMENCE South 55 degrees 26 minutes oo seconds.East, a distance of
178.91 feet;
THENC~ South 54 degrees 30 minutes 00 seconds East, a distance of
59.40 feet to the westerly line of Rackett's Court and to the point
or.place of BEGINNING. Containing 35.92 Acres.
24 Commeme Drive · Riverhead, New York 11901 ' Telephone: (631) 727-0600 · Fax:: (631) 727-0606
The failure of the Grantee to insist upon the stricl 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 contmned herein.
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 shall any part
of any award belong to the Grantee.
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 scenic easement in accordance with Section 247 of the General
Municipal law of the State of New York.
All the covenants, conditions, reservations, restrictions, easements, and provisions
of this agreement shall continue and remain ~n effect until the 31st day of
December, 2004, at which time Grantor, in its sole discretion, may extend all of
the provisions hereof for three successive periods of five (5) years.
The burden of this easement shall mn with the land and shall be binding upon the
parties hereto, and their successors and assigns.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS.~
T~of Southold (h
Jc~tn W. Cochran, Supervisor
John B. Tuthill Family L. P.
On the
c~[= day of d'-fi/L/ in the year 2000 before me, the undersigned,
personallyappeared (~O~tT~ /)). ~D~,"E.J/~ ,personatlyknowntomeor
proved to me on the basis of satisfactory evidence to the individual(s) whose name(s) is (are)
subscribed to the 'within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
MELANIE IX)ttOSKI
NOTARY PUSIJC,.Slale of NY
STATE OF NEW YORK)
Notary Public
SS.:
COUNTY OF SUFFOLK)
On the ~-~ay of ~ o:1 oS-~ in the year gOOl~before me. the undersigned,
personally appeared ~-'c,~,~J ) 1~. To+kf t/ , personally known to me or
proved to me on the basis of satisfactory evidence to the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
Pe~ g Youn'~'~
Notary PUblic
No. 01YO60425~1
STATE OF NEW YORK
COUNTY OF SUFFOLK SS:
~_, EDWARD p. ROMAINE, CLERK OF THE C
LERK OF TH_E_ SUPREME COURTF THE STATE OF NEW y OUNTY OF SUFFOLKAN
, ' ~,",-, r~AVl::: COMPARED THEANN~)~ED cCo(p~R~FB, EINGAUOURTOF RECORD)
THAT IT IS A JUST AND TRUE COPy OF SUCH ORIGINAL EASEMENT_ AND OF THE WHOLE
THEREOE
IN TESTIMONY WHEREOF, I HA)/E HEREUNTO SET MY HAND
COUNTY AND COURT THIS2~/Cd, DAY OF ~¢~J, c~D 0 ~2~ · AND AFFIXED THE SEAL OF SAID
CLERK
12-0188 ~/r4~¢~,