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HomeMy WebLinkAboutDemchak, Maria & MichaelSOUTHOLD TOWN BOARD PUBLIC HEARING March 11,2008 4:35 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ March 11~ 2008~ at 4:35 p.m. Southold Town Hali~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Michael & Maria Demchak or Oregon Roads LLC. Said property is identified as SCTM #1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, New York. The property is located on the northeasterly side of Cox's Lane, approximately 1300 feet in a northwesterly direction from the intersection of Cox's Lane and County Road 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 14.9± acres (subject to survey). The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $75,000 (seventy-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Department of Agriculture and Markets grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notification that this has appeared on the Town Clerk's bulletin board outside and I also have a copy of a legal notice in the local newspaper. There are no other notifications or documents in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the acquisition of this property or the development rights of this property? COUNCILMAN ORLANDO: I think A1 has a presentation. Demchak DRE Public Hearing 2 March 11, 2008 SUPERVISOR RUSSELL: Oh, I am sorry. Our lovely assistant Al is going to show us where it is. COUNCILMAN KRUPSKI: Since I am liaison to the Land Preservation Committee, this is a farm here. Here is Oregon Road, this is North Road, it is in between the two. As you can see, the farm is here. It is just to the east side of the dump, there has been a lot of development between the county and the town on Oregon Road on both sides, really and the town development tights have been sold adjacent to this property also. So, (inaudible) but I would recommend approval. (Inaudible) SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board, on this specific heating? (No response) Let's close the hearing. ~ville Southold Town Clerk Southold Town Board - Letter Board Meeting of March 11,2008 RESOLUTION 2008-288 ADOPTED Item # DOC ID: 3656 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-288 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11, 2008: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Michael & Maria Demchak pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as SCTM #1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, New York, and is located on the northeasterly side of Cox's Lane, approximately 1300 feet in a northwesterly direction from the intersection of Cox's Lane and County Road 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 14.94- acres (subject to survey). The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $75,000 (seventy-five thousand dollars) per buildable acre plus acquisition costs. The easement purchase may he eligible for partial funding from an awarded NYS Agriculture and Markets grant; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Generated March 12, 2008 Page 46 Southold Town Board - Letter Board Meeting of March 11, 2008 Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated March 12, 2008 Page 47 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME 3, PROJECT LOCATION: Municipality ~l-~o {- ~'~ --~la I'-~ County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROP ED ACTION IS: ~SNew [] Expansion [] Modific~ation/alteration DESCRIBE PROJECT BRIEFLY: 7. AMOUNTO. F LAND2,FFECTED: Initially //~, ~ ~' acres Ultimately ~, ~/'~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] No If No, descdbe briefly 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [~'Agriculture [] Park/Forest/Open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes [~J No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT Of PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na me: ~ t~,~,Se.~.. ~-------,~ ~.~ ~ t~ O. ~ ~-~ "~¢~ $~,r~a ~,~,{ o~-0 C~t_-~ ~ ,,~.~. Date: Z/Z ~'/~) ~ Y I If the action is in the Coastal Area and you are a state agency, complete the Coasta Assessment Form before proceeding with this assessment I OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNL STED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency, J-]Yes J~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or community or neighborhood characler? Explain briefiy: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans er goals a8 officially adopted, or a change in use or intensity et uoe of land or other natural resources? Explain Briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. kong term, short term, cumulative, or other effects not idengfiod in C%C§? Explain briefiy: C?. Other impacts (including changes in use of either quantily or type of energy)? Explain bdefiy: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENV RONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part ~1 was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration, ] Check thisboxifyou havedetermined, based ontheinformationand analysis aboveand any supportingdocumentation,thatthe proposed actionWlLL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination ,~?f Lead Agency Print or Type.~.~~Nam Responsi ~cer in Le Agency Sigm¥{ure of Responsible Officer in Lead Agency Title of Responsible Officer S'gnature of Preparer (If diffe~nt from responsible officer) Southold Town Board - Letter Board Mee~n~ of March 11, 2008 RESOLUTION 2008-289 ADOPTED Item # DOC ID: 3657 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-289 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11, 2008: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Michael & Maria Demchak on the 11th day of March, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, New York, and is located on the northeasterly side of Cox's Lane, approximately 1300 feet in a northwesterly direction from the intersection of Cox's Lane and County Road 48 in Cutchogue in the A-C zoning district; and WHEREAS, the proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 14.9± acres (subject to survey). The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the purchase price for the easement is $75,000 (seventy-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Generated March 12, 2008 Page 48 Southold Town Board - Letter Board Meeting of March 11, 2008 Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the To~vn Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Michael & Maria Demchak pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as SCTM # 1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, New York, and is located on the northeasterly side of Cox's Lane, approximately 1300 feet in a northwesterly direction from the intersection of Cox's Lane and County Road 48 in Cntchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 14.9+ acres (subject to survey). The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $75,000 (seventy- five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. Generated March 12, 2008 Page 49 Southold Town Board - Letter Board Meeting of March 11, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Thomas H. Wickham SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated March 12, 2008 Page 50 #8738 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1.]_ week(s), successively, commencing on the 6th day of March, 2008. Principal Clerk Sworn to before me this day of 3 )l('~J ~-~ 2008 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Pres erv~ion) of the Town Code, the Town Board of the Town of Southo]d hereby sets Tuesday. March 11. 2008. at 4:35 o.m. Southold Town Hall. $3095 MaiD Road. Southold. New York as ~he time n~n~3~'th~Id lown Hall ~nr~¢×, CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 Qualified In Suffolk County LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ March 11~ 2008~ at 4:35 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Michael & Maria Demchak or Oregon Roads LLC. Said property is identified as SCTM #1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, New York. The property is located on the northeasterly side of Cox's Lane, approximately 1300 feet in a northwesterly direction from the intersection of Cox's Lane and County Road 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 14.9== acres (subject to survey). The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $75,000 (seventy-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Department of Agriculture and Markets grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: February 26, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON March 6, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO EI,IZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Town Clerk's Bulletin Board Town Attorney STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the _.~ day of IY~ ~.J~, ,2008, she affixed a notice of which the annexed printed notice is a tree 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's Bulletin Board, 53095 Main Road, Southold, New York. PH Demchak, 3/11/08, 4:35 pm Sworn before me this , ~ day of Ih('~ql/a:,.H ,2008. ~ Nol~ary Public LYNDA M. BOHN NOTARY PUBLIC, State of New ¥0~ No, 01 B06020932 Qualified in Suffolk Coun~ Term Expires March 8, Southold Town Board - Letter Board Meeting of February 26, 2008 RESOLUTION 2008-217 ADOPTED Item # DOC ID: 3621 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-217 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2008: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ March 11~ 2008~ at 4:35 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Michael & Maria Demchak or Oregon Roads LLC. Said property is identified as SCTM #1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, New York. The property is located on the northeasterly side of Cox's Lane, approximately 1300 feet in a northwesterly direction from the intersection of Cox's Lane and County Road 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 14.9± acres (subject to survey). The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $75,000 (seventy-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Department of Agriculture and Markets grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Generated February 27, 2008 Page 33 Southold Town Board - Letter Board Meeting of February 26, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] HOVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated February 27, 2008 Page 34 SURVEY OF PROPERTY SITUATE: CUTCHOGUE TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK SUFFOLK COUNTY' TAX ~ I000 - 84 - I - 15 SURVEYED, MARCH 20, 200,5 REVISED: APRIL OS, 2008, i'4A¥ 12, 2008 N i'40NUNIENT FOUND Tobal Arena = (242,808 Sq. FL or 14.~5(~8 Acres N S ®P-,ApHIC SCALE I"= 60' 0 60 120 180 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF-\\Compaqserver\pros\08\08-124b.pro MELISSA A. SPIRO LAND PRESERVATION COORDINATOR m¢lissa.spiro@t own.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Armex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOW2~ OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: May 13, 2008 Re: DEMCHAK to TOWN OF SOUTHOLD plo SCTM #1000-84-1-13 Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 7810 Cox Lane, Cutchogue SCTM #: part of 1000-84-1-13 PROPERTY OWNERS: Michael Demchak & Maria Demchak PURCHASE DATE: Tuesday, May 13, 2008 PURCHASE PRICE: $1,070,137.50 (based on 14.2685 acres @ $75,000/buildable acre) TOTAL PARCEL ACREAGE: 14.7568 acres EASEMENT ACREAGE: 14.2685 acres RESERVED AREA: 0.4883 acres (25' wide strip along southeasterly boundary) ZONING: A-C FUNDING: CPF 2% Land Bank MISCELLANEOUS: This property is listed on the Community Preservation Project Plan list. The project is eligible for partial reimbursement (estimated at $413,786.50) from an awarded NYS Agriculture and Markets 9rant. IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Ty~e of Instrument: EASEMENT Number of Pages: 16 Receipt N~m~er : 08-0050441 TRANSFER TAX NUMBER: 07-27830 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 084.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $1,070,137.50 Received the Following Fees For Above Instrument Exempt Page/Filing $48.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $10.40 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: THIS 07-27830 PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/29/2008 10:16:22 ~ D00012552 594 Lot: 013.000 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $118.40 JUN 3 0 2008 DEPT. OF [.AND PRESERVATION N.ur~ber of pages document will be public ~;orc }'le~se errlovca! Soci;~i Securty Nu nbei's Deed / Mortgage Instrument '1 Deed / Mortgage Tax Stamp 2008 i%g 29 10:16:22 Judith Fl. Pazca!e CLERK OF SUFFOLK COUNT? L D00012552 P 594 [:'~, # 07-27',5Z0 31 Page / Filing Fee Handling TP-SB4 5. O0 FEES Notation EA-S2 17 (County) Sub Total EA-$217 (State) R.P.T.S.A. Comm. of Ed. Affidavit (/~: Certified Copy~'~ NYS Surcharge Other Real Property Tax Service Agency Verification 5. O0 15. O0 ~ooo o~.oo o~oo o~3oo~$~ 0oo Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Lisa Clare Kombrink, P.C. 235 Hampton Road Southampton, New York 11968 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.suffolkcountyny.gov/clerk 11901 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO Consideration c~F/~x Due / If NO, see appropriate tax clause on page ofthis I Community Preservation Fund Amoun ,l $ Improved Vacant Land TD TD C7o. !ame Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached by: MICHAEL AND MARIA DEMCHAK Deed of Conservation Easement (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In the TOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DEED OF CONSERVATZON EASEMENT THIS CONSERVATION EASEMENT ("Easement") is granted this /,'~//~ day of//~?.u/ ,2008, by MARIA DEMCHAK and MICHAEL DEMCHAK ("Grant~or"')~naving an address at 3206 Carnoustie Court, Riverhead, New York 11901 to THE TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having an office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971. WHEREAS: A. Grantor is the owner of certain real property consisting of +--14.7568 acres located at 7810 Cox's Lane, Cutchogue, New York, in the Town of Southold, Suffolk County, New York, designated as SCTM# 1000- 84-1-13, of which 14.2685 acres is subject to this Deed of Conservation Easement (hereinafter~ the "Property") and more fully described in EXHIBIT A attached hereto and shown on a survey dated March 20, 2008 and last revised May 12, 2008 prepared by John C. Ehlers Land Surveyor; and B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the "ECL") to acquire conservation easements. C. The Property consists primarily of productive agricultural land. The Property contains 13.42 acres of prime soils and 0.85 acres of soils of state- wide importance as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that "the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL, the Legislature of the State of New York found and declared that "in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" F. The Property is located within Suffolk County's Agricultural District #1, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. Tn Section 300, it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results...It is therefore the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products...It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..." the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; H. The property is located within the Town of Southold, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated .lanuary, 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. 1~. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW, THEREFORE, in consideration of the foregoing, ONE MTLLION- SEVENTY THOUSAND-ONE HUNDRED THTRTY-SEVEN and 50/100 dollars ($1,070,137.50) and the mutual covenants, terms, conditions and restrictions contained herein, the parties agree as follows: 1. Grant of Conservation Easement Grantor hereby grants and conveys to Grantee, a Conservation Easement (the "Easement"), an immediately vested interest in real property defined by Article 49, Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose Tt is the primary purpose of this Easement to: a) enable the Property to remain in agricultural or forestry use for current and future production of food and fiber, and livestock and livestock products, by protecting in perpetuity its agricultural and forestry values, use and utility, including its prime, statewide important and unique agricultural soils; and b) prevent any use of the Property that would significantly impair or interfere with its long- term agricultural and forestry viability. Tt is the secondary purpose of this Easement to conserve and protect the Property's open space resources, and their associated unique and special natural features to the extent that such protection does not conflict with the primary purpose of this Easement. 3. Implementation This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. No use of the property shall occur and no permanent or temporary structures or other buildings or improvements shall hereafter be constructed, placed or maintained on the Property, except as specifically provided herein. The Property remains subject to all applicable local, state and federal laws and regulations. This easement shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. 4. Definitions As used in this Easement, the terms "Grantor" or "owner" include the original Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof; and the term "Grantee" includes the original Grantee(s) and its[their] successors and assigns. The term "Sound Agricultural Practices" is defined as those practices necessary for on-farm production, preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage on the farm, and achieve the intended results in a reasonable and supportable way. If necessary, to determine if a practice is "sound," Grantee or Grantor may request the New York State Department of Agriculture and Markets to initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law, or any successor statute. The term "Farm Labor Housing" means structures used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the farm operation. For instance, a mobile or manufactured home used as the primary residence of a farm owner is not farm labor housing. 5. Reserved Rights Retained by Grantor Notwithstanding any provisions of this Easement to the contrary, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 and not specifically prohibited or limited by this Easement. Unless otherwise specified below, nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law. 6. Access Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 7. Right to Use Property for Rural and Agricultural Uses Grantor has the right to use the Property to conduct farm operations as defined under Section 30! of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law as is later promulgated, and for agricultural production as that term is referenced in §247 of the General Municipal Law and defined in Chapter 70 of the Town Code of the Town of Southold or any successor chapter (the "Town Code"), or to produce crops, livestock and livestock products, which includes but is not limited to the right to establish, reestablish, maintain, and use cultivated fields, orchards, vineyards, pastures and woodlands. Said farming practices shall be carried out in accordance with Sound Agricultural Practices as defined herein. ~[n addition, Grantor has the right to distribute farm products, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Zmprovements"). 8. Right to Use the Property for Recreational Purposes Grantor retains the right to use the Property for otherwise lawful recreational uses, including, but not limited to, hunting, fishing, cross- country skiing and snowmobiling, subject to the limitations set forth in this Easement, including Section l0 ("Construction of Buildings and Other :Improvements"). 9. Maintenance Should the property cease to be used for agricultural purposes for more than three (3) years, the agricultural fields containing prime, statewide important and unique soils will be mowed at least triennially or otherwise maintained in a condition which will prevent growth of woody vegetation that would interfere with future agricultural use or which might result in interference with drainage systems, or in reversion of significant portions of the Property to regulated wetland status. Similarly, during prolonged periods of disuse for agricultural purposes, artificial and natural drainage systems must be maintained in a functional state by the Grantor. Tf Grantor does not comply with this provision, Grantee shall have the right, but not the obligation, to mow such fields, at Grantee's sole expense, if it so chooses. 10. Construction of Buildings and Other Improvements Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. 10(a) Fences -- Existing fences may be repaired, removed and replaced, and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife and to prevent trespassing on the Property. :~0(b) New Agricultural Structures and Zmprovements - Without permission of Grantee, Grantor may construct new buildings, structures and impervious improvements including asphalt and concrete roads and parking areas on up to 5% of the Property to be used primarily for purposes related to a "Farm Operation," as defined in New York State Agriculture and Markets 4 Law § 301 or any successor statute and for such other agricultural purposes as (i) the production, storage or sale of farm products or by-products produced on-site, (ii) the storage of equipment used for agricultural production, (iii) the keeping of livestock or other animals and (iv) farm labor housing. Such new buildings, structures and impervious improvements shall not include those used for the processing and packaging of farm products. Such coverage limitations do not apply to permeable surfaces such as gravel roads and parking areas, structures that protect soil and water resources, such as manure storage areas, and structures and improvements lacking permanent foundations where the land underneath is not covered by impervious surfaces. Permission is required by Grantee for the construction of such buildings, structures and improvements that would cover up to an additional 5% of the Property. 10(c) New Farm Labor Housing - Without permission of Grantee, Grantor has the right to construct new dwellings or structures for Farm Labor Housing as defined in Paragraph 4, together with new agricultural structures and improvements permitted in Section 10(b) above, on up to 5% of the Property. The land on which these structures stand shall not be subdivided. :~0(d) New Recreational Structures and Improvements - Any one or more new recreational improvements proposed for the Property that exceed an aggregate footprint of 400 square feet may be located only with the advance written permission of Grantee. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips, commercial helicopter pads or any other similar recreational improvements that interfere with the Purpose of this Easement, significantly disturb the farm soils, or otherwise adversely affect agricultural and forestry uses on a continuing basis be allowed on the Property. 10(e) Utility Services and Septic Systems -- Underground wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer, communications, or other utility services to the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained, repaired or improved. Services are limited to structures permitted on the Property pursuant to Section 18 ("Permission"). 10(f) Ancillary Improvements - Other improvements, including, but not limited to facilities for the generation and transmission of electrical power for agricultural production uses on the Property, such as windmills and detached solar arrays, may be built only with the permission of Grantee, pursuant to Section 18 ("Permission"). 11. Maintenance and Tmprovement of Water Sources Grantor maintains the right to use, maintain, establish, construct, and improve water sources, water courses and water bodies within the Property for the uses permitted by this Easement, provided that Grantor does not significantly impair or disturb the natural course of the surface water drainage or runoff flowing over the Property. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion, provide irrigation for the Property or improve the agricultural or forest management potential of the Property, provided such alteration is consistent with Sound Agricultural Practices, the Purpose of this Easement and is carried out in accordance with applicable State and federal laws and regulations. 12. Water Rights Grantor retains and reserves the right to use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself. 13. Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. As required by applicable law and subject to approval by the Planning Board of the Town of Southold, Grantor may only subdivide the property provided that (1) each resulting parcel contains at least 10 acres of viable agricultural land (as that term is defined in New York State Agriculture and Markets Law § 301 or any successor statute) and (2) each such parcel is permanently protected with a perpetual conservation easement (whose purpose is equivalent to that stated herein in section 2). 14. Forest Management Without prior written permission from Grantee, Grantor may clear forested areas for conversion to farmland, may harvest wood for on-farm use including heating or construction of buildings and improvements, and may remove trees that are fallen, dead, diseased or dangerous, so long as it is consistent with Sound Agricultural Practices. Without prior written permission from Grantee, Grantor may commercially harvest timber and other wood products and construct, maintain, remove, and repair unpaved access roads and "staging areas" (those areas where logs are temporarily stored for transport) necessary for such activities, in accordance with generally-accepted forest best management practices (as outlined in a forest management and harvest plan) that shall not result in significant degradation of soil and water resources. Such commercial timber cutting shall be carried out only in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, or a Cooperating Consulting Forester with the New York State Department of Environmental Conservation. In order to facilitate the monitoring and stewardship of this Conservation Easement, to ensure continuing communication between parties, Grantor shall give Grantee, its successors or assigns, written notice thereof not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest. Such written notice shall include submission of the current forest management plan and harvest plan. 15. Excavation and Removal of Materials; Mining The excavating of the Property, shall be generally prohibited, except as may be necessary to construct and maintain permitted structures and improvements on the Property, or in connection with necessary drainage and soil conservation programs, and any such excepted excavation activity may proceed without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed, except to construct and maintain the permitted structures and improvements on the Property and for farm operations, erosion control and soil management, without the prior written consent of Grantee. 16. Road Construction Grantor may construct roads for barnyards, farm roads, or other improvements necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement, provided to the greatest extent practicable, impact to the prime, statewide important and unique soils is minimized. No other portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material. 17. Dumping and Trash The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts, the storage of old farm equipment used for parts, temporary storage of trash or household waste in receptacles for periodic off-site disposal, and composting or re-use of biodegradable materials as permitted in Section 7 ("Right to Use Property for Agricultural Uses"), generated off the Property for use on the Property or commercial use so long as they are used and stored in accordance with Sound Agricultural Practices. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property, is permitted by this Easement. 18. Permission of Grantee Where Grantor is required to obtain Grantee's permission for a proposed action hereunder, said permission shall be requested in writing. Grantee shall grant permission unless it determines that such action would 1) violate the Purpose of this Easement, 2) impair the potential for long-term agricultural viability associated with the Property, or 3) unnecessarily impede the use of Property's prime, statewide important or unique soils. Grantee shall respond in writing within forty-five (45) days of receipt of the Grantor's written request, which request shall include building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. Grantee shall not be liable for damages for any failure to grant permission to Grantor. The permission contemplated in this Paragraph is in addition to any other approvals that may be required by the Town Code of Southold (the "Town Code"). 19. Ongoing Responsibilities of Grantor and Grantee Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but not limited to, the following: 19(a) Taxes -- Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney's fees. If, as a result of such actions, Grantee ever pays any taxes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee for the same. 19(b) Upkeep and Maintenance -- Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or maintenance of the Property. 19(c) Liability and Indemnification - Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 20. Extinguishment of Development Rights Except as otherwise reserved to the Grantor in this Easement, all development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. 21. Baseline Documentation By its execution of this Easement, Grantee acknowledges that the present uses of the Property are permitted by this Easement. In order to evidence the present condition of the Property (including both natural and man-made features) so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including maps, describing such condition at the date hereof, has been prepared and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 22. Right of Tnspection Grantee shall have the right to enter upon the Property upon forty-eight (48) hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m, on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 23. Enforcement If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, exparte if necessary, through temporary or permanent injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and (b) restoration of the Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 24. Transfer of Easement Grantee shall have the right to transfer this Easement to any private, non-governmental organization or public agency that, at the time of transfer is a "qualified organization" under Section 170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist or qualify under Section 170(h) of the Tnternal Revenue Code, or applicable state law, a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantor and the New York State Department of Agriculture and Markets will be notified in writing in advance of such transfer. 25. Transfer of Property Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land and which was granted to the Town of $outhold by instrument dated ., and recorded in the office of the Clerk of Suffolk County at Liber at Page "Grantor shall notify Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or interest therein, to any third party. The failure to notify Grantee or to include said language in any deed or instrument shall not, however, affect the validity or applicability of this Easement to the Property 9 or limit its enforceability in any way. 26. Amendment of Easement This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. Any such amendment shall be duly recorded. 27. Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code, or any successor chapter, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of this property rights or interests which were acquired by the Town prior to any such amendment. 28. Extinguishment of Easement At the mutual request of Grantor, Grantee and New York State Department of Agriculture and Markets, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2 ("Purpose") herein, extinguish or modify this Easement in accordance with applicable law. Tn that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain make impossible the continued use of the Property for Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. Tn either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 28 ("Proceeds") herein. 29. Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 27 ("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the appraised value of this Easement, calculated as of the date of the appraisal, by the unencumbered value of the Property, calculated as of the date of an appraisal obtained by Grantee prior to execution of this easement. The Proportionate Share is 70.093% . The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the l0 Internal Revenue Code for any improvements which may hereafter be made on the Property). With regard to the portion of such Proportionate Share equal to the percentage of the purchase price of this Easement that was paid using State Farmland Protection Program Grant funds, Grantee agrees to use such portion in a manner consistent with the Purpose of this Easement. Prior to such re- use, Grantee must notify the New York State Department of Agriculture and Markets. 30. Tnterpretation This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed to effect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 31. Successors Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 32. Severability Tnvalidity of any of the covenants, terms or conditions of this Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 33. Notices Any notice required or desired to be given under this Easement shall be in writing and shall be sent by (i) personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and three (3) business days from delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property;(d) if to New York State Department of Agriculture and Markets, :[OB Airline Drive, Albany, New York 12235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section. 34. Title The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from ]] and existing out of the aforesaid Easement. 35. Subsequent Liens on Property No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowing. 36. Subsequent Encumbrances The grant of any easements or use restrictions is ~rohibited, except with the permission of Grantee. :37. Grantor's Environmental Warranty Nothing in this Easement shall be construed as giwng rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator or an arranger with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable law, and hereby promises to indemnify Grantee, and New York State Department of Agriculture and rvlarkets against, and hold Grantee and New York State Department of Agriculture and Markets harmless from, any and all loss, cost, claim (without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of environmental laws. :If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. :38, Duration of Easement Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 39. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, 12 understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment"). 40. Waiver No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 41. Binding Effect The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred, cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 42. Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF, Grantor and Grantee, intending to be legally bound hereby, have hereunto set their hands on the date first above written. Grantor: MICHAEL DEMCHAK MARIA DEMCHAK Grantee: TOW.~F SOUTHOLD State of New York ) County of ~ ~W-~t.K ), ss: On the /,~ day of )9]~1. in the year 2008 before me, the undersigned, personally appeared, ~/tll.,~-L ~p[rsonally known to me or proved to me on the basis of satisfactory evidence to be 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 13 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. Signature/office of individual taking acknowledgement PATRICIA L. FALLON State of New York ) Notary Public, State Of New York No. 01 FA4950146 County of ,~F~'O4J(), ss: O al ~ied tn St.~flclk County Commission Expires April 24, On the /,.,~ day of ~)T/Z,t~ in the year 2008 before me, the undersigned, personally appeared /'E,~I/,~ ~ e"r~t.~4~K # , personally known to me or proved to me on the basis of satisfactory evidence to be 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 (les), 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. Signature/office of individual taking acknowledgement PATRICIA b. FALLON State of New York ) Notary Public, State Of New York Countyof ,~l~$rOl-~ ), ss: No. 01FA4950146 Qualified in Suffolk County Commission Expirea April 24, On the /,,.~ day of ~9~4.~ in the year 2008 before me, the undersigned, personally appeared SCOTT A. RUSSELL, personally known to me or proved to me on the basis of satisfactory evidence to be 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 (les), 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. Signature/office of individual taking acknowledgement Z:\Town of Southold\Demchak\Demchak Easement Final.doc PATRICIA L. FALLON Notary Public, State Of New York No. 0t FA4950146 Oua!i¢isd ~n Suffolk County Commission Expires April 24, 14 Stewart Title Insurance Company Title No: ST-S~10.'~0 Schedule A Description AMENDD 5/12/2008 ALL that certain plot, piece or parcel of land, situate lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at the true point and or place of beginning; said point being on the northeasterly line of Cox Lane the following throe (3) courses and distances from a point at the beginning of a curve connecting the northerly line of Mathews Lane with the northeasterly tine of Cox Lane, as shown on the map of "Northwoods", filed Map 2l, 1970 as File Number 5469; running through said curve with a radius of 25.00 feet and a length of 39.27 feet to a point on the no~heasterly line of Cox Lane: thence along the northeasterly line of Cox Lane the following two (2) courses and distances: North 49 degrees 01 minute 50 seconds West, 170.40 feet to a monument: thence North 48 degrees 17 minutes 10 seconds West, 27.80 feet to a point and the true point or place of BEGD,INING. RUNNING THENCE from said true point and or place of beginning along the northeasterly line of Cox Lane, North 48 degrees 17 minutes 10 seconds West, a distance of 687.50 feet to the land of H. Norman McCullough Iff; RUNNING THENCE along the land of [~. Norman McCullough III and also .Geraldine Berkoski and Antone Berkoski, North 52 degrees 11 minutes 20 seconds East, a distance of 794.07 feet to the land now or formerly of Maria Demchak and Michael Demchak; THENCE along said land South 47 degrees 20 minutes 00 seconds East, a dis 'taste of 915.18 feet to the northerly line of a 25 foot strip of land: THENCE southerly along the northerly line of a 25 foot strip of land South 67 degrees' 37 minutes 20 seconds West, a distance of 851.18 feet to the northeasterly line of Cox Lane and the true point or place of BEGINNI.~G. ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of insurance, sustained or incurred by the insured be reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity~ or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not propedy filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Tifie. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the charecter, dimensions, or location of any imprevement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records seeing forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. The exercise of the rights of eminent domein if a notice of the exercise, describin§ eny part of the Land, is recorded in the Public Recerds. Any tsking by e governmental body that he$ occurred and is binding on the rights of a purchaser for value without Knowledge. Countersig~o~aF[ Titv "7 '; le I surance 125 Baylis Read Authorized Signatu~2 t:; Y~<; , City, State I Pad I of '~ ~ ~%" "~ I SerialNo O-8901~'-J ~ [J ':4 t~ Ifyouwantinformationabout ceverage or need assistance to resolve complaints, please call our toll free number: 1-800-433-0014. If you makeaclaim underyour policy, you must furnish writ[eh notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at httD://www.stewartnewyork.cem File No.: COVERED RISKS (Continued) Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order (b) (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting Tige as shown in Schedule A because that prior transfer in Covered Risks I through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy, state insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer in the because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any Jaw, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A, CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity': A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The insured named in Schedule A, (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured, (e) "Insured Claimant": An insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. II Parle2 Sedal No.: O- II File No.; ALTA OWNF. R'$ POLICY (6117/063 SC~IEDI~LE A PolicyNo.: 0-8901-52046 Premium: 54,767.00 File No.: ST-S-t0380 Amount oflnsm:ence: 51,070,137.50 Date of Policy: $/13/2008 1. Name of Insured: Town of Southold 2. The estate or interest in the land described herein and which is covered by this policy is: Title is vested in: Town of Sonthold, who acquired Development Rights by Deed of Conversation Eozement from Michael Dcmchak and Maria Demchak dated 5/13/2008 and to be recorded in the Suffolk County Clerk's/Register's Office. 4. The Land referred to in this policy is described ,as follows: See Schedule A Description, attached hereto and made a part hereof. ALTA O~NER'S POLICY File No.: ST-S-10380 SCHEDULE A DESCRIPTION Policy No.: O-8901-52046 AMENDED 5/12/2008 ALL that certain plot, piece or pamel of land, situate, lying and being at Cutchogue Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at the tree point and or place of beginning; said point being on the northeasterly line of Cox Lane the following three (3) courses and distances from a point at the beginning of a curve connecting the northerly line of Mathcws Lane with the northeasterly line of Cox Lane, as shown on the map of"Northwoods", filed Map 21, 1970 aa File Number 5469; mm'ting through said curve w/th a radius of 25.00 feet and a length of 39.27 feet to a point on thc northeasterly line of Cox Lane; thence along the northeasterly line of Cox Lane the following two (2) courses and distances: North 49 degrees 01 minute 50 seconds West, 170.40 feet to a monument; thence North 48 degrees 17 minutes 10 seconds West, 27.80 feet to a point and the tree point or place of BEGINNING. RUNNING THENCE from said true point and or place of beginning along the northeasterly line of Cox Lane, North ~8 degrees 17 minutes 10 seconds West, a distance of 687.50 feet to the land of ri. Norman MeCullough 1II; RUNNING THENCE along the land of ri. Norman McCullough m and also Geraldine Berkoski and Antone Berkoski, North 52 degrees 11 minutes 20 seconds East, a distance of 794.07 feet to the land now or formerly of Maria Demchak and Michael Demchak; THENCE along said land South 47 degrees 20 minutes 00 seconds East, a distance of 915.18 feet to the northerly line of a 25 foot strip of land; THENCE southerly along the northcrly line cfa 25 foot strip of land South 67 degrees 37 minutes 20 seconds West, a distance of 851.18 feet to the northeasterly line of Cox Lane and the tree point or place of BEGINNING. At,TA oWNER'S I'OL{C¥ (~17~06) ,AS to All of ]Lot 13 (For Information Only]: ALL that certain, plot, piece or parcel of land lying and being at Cutchogue, Town of Southold County of Suffolk and State of New York, known as and by Lot 013.000 in District 1000 Section 084.000 block 01.00 on the Suffolk County Land and Tax Map and being bounded and described as follows: BEGINNING at a comer having a radius of 25.00 feet and a length of 39.27 feet, said comc'r forming the intersection of the northerly side of Mathews Lane and thc northeasterly side of Cox Lan,~, distant North 49 degrees 01 minutes 50 seconds West, 170.40 feet to the true point or place of BEGINNING; RUNNINO THENCI5 still aloug the northeasterly side of Cox Lane, North 48 degrees 17 minutes 10 seconds West 715.30 feet to lands now or formerly of ri. Norman McCullough I~; THENCE along said lands and lands now or formerly of Geraldine & Anione Bcrk.oski, North 52 degrees ] 1 minutes 20 seconds East, 794,07 feet to lands now or formerly of Maria & Michael Demchak; THENCB along said lands, South 47 degrees 20 minutes 00 seconds East, 942.75 feet; THENCE South 67 degrees 37 minutes 20 seconds West 850.67 feet to the northeasterly side of Cox Lane and the point or place of BEGINNING. ALTA OWNER'S POUCY (6/17/06) SCHEDULE l} PART I File No.: ST-S-10380 Policy No.: O-8901-52046 This policy docs not insure against loss or damage (and the Company will not pay costs, attocoeys' fees or expenses) that arise by reason of: 1. Rights of tenant(s) o~r per,on(s) in possessio,, i f anY. 2. Subject to water charges, if any, 3, Policy will except all loss or damage which the insurcd may sustain by rcason of thc fact that Lot 013.000 has not b~en apportioned. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COIV~ANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST-S-10380 Date oflssue: _Ma)' 13,, 2008 ATTACHED TO AND MADE A PART OF POLICY NUMBER O~901-52046 1. CoveredRiskNumber 2(c) is deleted. 2. The following is added as a Covered Risk: date hcreof, and which has now gai~ed "11. Any statutory lien for services, labor or matenais furnished prior to thc hereafter gain priority over the ez'tate or inirrest of the insured as shown in Schedule A of this policy," or which may 3. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real ~tate taxes, a~ssessments, water charges o~ sewer rents imposed by goventmental authority and created or altaching b~:ween Date of Pohcy and the date ofrecordurg of thc deed ct other mstrument of transfer ur the Pubhc Rccords that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To fl~c extent a provision of thc policy or a ptm,ious endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endot~tmt is subject to all of the tm'ms and provisiorm of the policy and of any prior endorsements. Sig~ed on: Stewart Title Insurance Company Signed by: ~ Authorized Office or Agent Stewart Title 125 BaylJs Road, Suite 201 Melville, New York 11747 STEWART TITLE STANDARD NEW YORK ENDORSEMENT FOR USE W1TH ALTA OWNER'S PrOLICY (6.-t?..00} CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notity the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the (b) Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or affecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OP'I1ONS TO PAY OR OTHERWISE SE'I-rLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. CONDITIONS (Continued) I Pa~e 3 Serial No.: O- File No.: 8. DETERMINATION AND EXTENT OF LIABI~II'FY This pcticy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) if the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) Tpe Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior wdtten consent of the Company. 10. REDUC'I3ON OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, aftomeys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 1'1. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SE'I-FLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the dghts of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the insured Claimant has against any person or property, to the extent of the amount of any moss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights an~l~edies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the thsured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the perbes. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy. or (iv) increase the Amount of Insurance. 16. SEVER.ABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of pcticies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the term~ of this policy. In neither case shall the court or arbitdator apply its conflicts of law principles to determine the applicable law. (c) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its terdtodes having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in wdting required to be given to the Company under this policy must be given to the Company nd th atClaimsDepartmentat300East42 St, 10 Floor, NewYork. NY10017. File No.: CLOSING STATEMENT MICHAEL DEMCHAK and MARIA DEMCHAK to TOWN OF SOUTHOLD Total Development Rights Easement - 14.2685 acres Total Parcel Acreage - 14.7568 acres Reserved Area - 0.4883 acre Premises: 7810 Cox Lane, Cutchogue SCTM #1000-84-1-p/o 13 Closing took place on Tuesday, May 13, 2008 at 11:00 a.m., Southold Town Hall Annex Purchase Price of $1,070,137.50 (based upon 14.2685 buildable acres @ $75,000/buildable acre) disbursed as follows: Wire Transfer to Members United Federal Credit Union (Michael & Maria Demchak) $ 670,137.50 Wire Transfer to Comerica Bank-California (Asset Preservation, Inc.) $ 400,000.00 Expenses of Closing: Appraisal Payable to Given Associates LLC Check #92786 (9/25/07) .Survey Payable to John C. Ehlers Land Surveyor Check #95362 (4/8/08) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #95607 (4/22/08) $ 2,800.00 $ 1,490.00 $ 1,400.00 Title Report Payable to Stewart Title Insurance Company Check #95890 (5/13/08) $ 5,067.00 Title insurance policy $ 4,767.00 Recording easement $ 250.00 Certified easement $ 50.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #95889 (5113108) $ 100.00 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Michael Demchak Maria Demchak Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst . Money Transfer: Verify Money Transfer Page 1 of 1 Amount: USO i" 670,13750 Value Date: [0'~/i3/200~' Reference Text: tDemchak to Town of Southold Process Date: 105/1312008 Sender Information Name: ITOWN OF SOUTHOLD Address: Cutoff Time: ~15:30 CST Profile: iCIosings Payment Method:~Domestic E; Payment Type: t'[~o'm~stic E~ BOX 1179 OUTHOLDNY 11971 Currency: i~D Beneficiary Information Beneficiary Name: ISuffolk Federal Credit Union ID Type: FL;D ABA Beneficiary Address: [3681 Horseblock Road IMedford, NY 11763 FI Name: IMEMBERS UNITED CO,~ Routing Number: Other Information By Order of Information Additional Information For final credit: Member Name: Michael Demchak Member #: 1207330 Deposit to: Share Bank To Bank Information tttps://top.capitalonebank.com/cashplus/moneytransfer 5/13/2008 .Money Transfer: Single Transfer Status Update Page Iofl Tracking Number: 1MT08~3,i[~62'49 Status: jDelivered Transfer Information Amount: ~ ] 670,137.50 Value Date: ] 05113/2008 Indicative DebitAmount: usr~ i - 670,13750 Process Date:i 05/13/2008 By Order of Information tttps://top.capitalonebank.com/cashplus/moneytransfer 5/13/2008 .Money Transfer: Verify Money Transfer Other Parties Amount: L~:5[~ I 400,000 00 Value Date: i05/13/2008 Reference Text: IDemchak to Town of Southotd Process Date: t05/13/2008 Sender Information Name: ITOWN OF SOUTHOLD Address: Sending Account Num~ - EMA TRANSFER ACCOUNT Page 1 of 1 Cutoff Time: 1'15:30 CST Profile: ICIosings Payment Method:~Domestic Et Payment Type: IDomestic E~ IPO BOX 1179 SOUTHOLD NY 11971 Currency: Beneficiary Information Beneficiary Name: IAsset Preservation Inc. Beneficiary Account Number:~lllll~ Type: Beneficiary Address: ]611 AntQn Boulevard ICosta Mesa, CA 92626 FI Name: I~C)MERICA BANK Routing Number: Other Information By Order of Information Additional Information Reference: 69702-D1 Michael Demchak & Maria Demchak Bank To Bank Information ittps://top.capitalonebank.com/cashplus/moneytransfer 5/13/2008 .Money Transfer: Single Transfer Status Update Page I of 1 Tracking Number: ]MT08134000253 Transfer information Amount: ~l Indicative Debit Amount: ~ [ Status: i~eiiver;~ 400,000.00 Value Date: 400.00000 Process Date: 05/13/2008 05/13/2008 By Order of Information ~ttps ://top.capitalonebank.com/cashplus/moneytransfer 5/13/2008 .GIVEN A S S 0 0 IAT E S 548 Route 111/PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Invoice Date Invoice # 9/11/2007 398 Bill To I Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC. Description Property of Michael and Maria Demchak Located 7810 Cox's Lane Cutchogue, NY S.C.T.M. #1000-84-1-13 File No. Terms 2007342 Due upon Receipt Amount 2,800.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select - JE Date Trx. Date Fund Account ......................... Use 1/30/2007 1/30/2007 H3 600 2/27/2007 3/13/2007 3/13/2007 3/2?/2007 5/22/2007 5/22/2007 5/22/2007 7/31/2007 7/31/2007 8/14/2007 X. 9/25/2007 .. 10/09/2007 ,. 10/23/2007 ,, 12/18/2007 2/27/2007 3/13/2007 3/13/2007 3/27/2007 5/22/2007 5/22/2007 5/22/2007 7/31/2007 7/31/2007 8/14/2007 9/25/2007 10/09/2007 10/23/2007 12/18/2007 Acti H3 600 H3 600 H3 600 H3 600 H3 600 H3 600 H3 600 H2 600 H2 600 H2 600 H2 600 A 600 H2 600 H2 600 ......................... Use Acti F2=Shift Up F3-Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor .............. Detail--GL100N ............ : W-09252007-241 Line: 173 Formula: : Account.. H2 .600 : Acct Desc ACCOUNTS PAYABLE Trx Date ..... Trx Amount... Description.. Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ 92786 Invoice Code. 398 VOUCHER ...... P.O. Code .... 17444 9/25/2007 SDT 9/21/07 2,800.00 APPRAISAL-DF/4CHAK 007416 GIVEN ASSOCIATES LLC SCNB Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Fixed Asset.. Y Date Released 9/25/2007 Date Cleared. 10/31/2007 Addl. : F3=Exit F12=Cancel : JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369~8287 Invoice Date Invoice Cf 3/26/2008 2006772 Bill To Town of Southold Dept. of Land Preservation Town Hall Annex Southold, NY 11971 Your Client Arrieta/Peconic Land Trust SCTM# My Job Cf 1000-84-1-13 Date of Service Description Amount Current survey of 14.9 acre property depicting all physical 1,490.00 features on the property and extending 5 feet outward of the property lines. Also to include a 25' ROW along the southeasterly properly line with area calculations shown on survey. Survey can be completed 10 days after your authorization. Thanks John E. GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 005322 EHLERS/JOHN C. Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti ,, 12/19/2006 12/19/2006 H3 .600 , , 3/13/2007 3/13/2007 H3 .600 , , 5/08/2007 5/08/2007 H2 .600 , , 7/03/2007 7/03/2007 H2 .600 9/11/2007 9/11/2007 H2 .600 4/08/2008 4/08/2008 H3 .600 F2=Shift Up F3=gxit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04082008-244 Line: 100 Formula: 0 : : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE Trx Date ..... 4/08/2008 SDT Trx Amount... 1,490.00 Description.. SURVEY-DEMCHAK Vendor Code.. 005322 Vendor Name.. EHLERS/JOHN C. Alt Vnd.. CHECK ........ 95362 SCNB Invoice Code. 2006772 VOUCHER ...... P.O. Code .... 18240 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 : Fixed Asset.. Y : Date Released 4/08/2008 : Date Cleared. 4/30/2008 Addl. : F3=Exit F12=Cancel : 4/04/08 : 572 Waltq/Vhitman Road Phone: 631-42%5665 ,M~lville NY 11747 Fax: 631-427-5620 Invoice Property: 08055 Project: VA02592 Dmnchek Property, Cutchogne Manager: McGinu, Steven To: Town of Southold Devt of Land Preserv Town Hall 53095 State Rt25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 5726 lm/oice Date: March 28, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,400. O0 Contract dated ebruary 27, 2008 - Item Prepare Phase l Enviromnental Site Asessment Contract Amount: $1,400.00 Percent Complete: 100.00% Fee Earned: $1,400.00 Prior Fee Billings: $0.00 Current Fee Total: $1,400.00 *** Total Project Invoice Amount $1,400. O0 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select JE Date Trx. Date Fund Account ......................... Use WiW2007 7/17/2007 .600 7/17/2007 7/17/2007 7/31/2007 7/31/2007 7/31/2007 7/17/2007 7/17/2007 7/31/2007 7/31/2007 7/31/2007 7/31/2007 7/31/2007 11/20/2007 11/20/2007 1/02/2008 1/02/2008 1/15/2008 1/29/2008 2/26/2008 4/22/2008 4/22/2008 1/15/2o08 1/29/2oo8 2/26/2008 4/22/2008 4/22/2008 Acti B .600 B .600 H2 .600 H2 .600 H2 .600 H2 .600 H2 .600 B .600 H2 .600 A .600 B .600 B .600 H3 .600 5/06/2008 5/06/2008 B .600 ......................... Use Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-04222008-363 Line: 302 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 4/22/2008 SDT 4/18/08 Trx Amount... 1,400.00 Description.. PHASE 1 ESA-DEMCHAK Vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, Alt Vnd.. CHECK ........ 95607 SCNB Invoice Code. 5726 VOUCHER ...... P.O. Code .... Project Code. Final Payment P Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 4/22/2008 Date Cleared. 4/30/2008 F3=Exit F12=Cancel Title No. STEWART TITLE INSURANCE COMPANY 125 Baylis Road, Suite 201, Melville, New York 11747 Phone: 631-501-9615 Fax: 631-501-9623 FEE INSURANCE COVERAGE ~ 0 7~)1 ]3 FAIR MARKET VALUE RIDER (Optional) MORTGAGE ~SU~CE COVERAGE E~ORSEME~I'S: Environmental Waiver of Arbitration Residen~al Adjustable Rate Rider PREbIIUM PREMIUM PREMIUM NEW YORK STATE TRANSFERA~IANS I ON TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor)_ COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENTAL SEARCIIES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE BANKRUPTCY SEARCR PATRIOT SEARCH RECORDING FEES: ) DEED(S). ) SATISFACTION(S). ) MORTGAGE(S) CONSOLIDATION, EXTENSION & MOI)IFICATION AGREEMENT(S)_ ) MORTGAGE AFIqDAVIT(S). ( ) ASSnlGNMENT(S) CEOSER CItARGES, IF ANY: PICK-IJP FEE PATRICIA L. FALLON Title Closer "'0~58~0,' ~:08~NOSN~N~: &3 O00ODN 'ENDOR 019624 STEWART TITLE TNSURAI~CR CO. 0~./12./2008 CHECK 95890 ......... UITT U.O. # 3 .8660.2.600.100 TBR289 ST-S-10380 FEE TITLE INS POLIC 4,767.00 3 .8660.2.600.100 TBR289 ST-S-10380 REC EASEMENT/CERT COP 300.00 TOTAL 5,067.00 B~ O0000~, 0,' [3 .8660.2.600.100 PA T ,T,O~T P. O. ~ i~'Tv'Oi CF. TBR289 ST-S-10380 NS/]%,/?NN8 CHECK q528q TITLE CLOSER-DEMCHAK 100.00 TOTAL 100.00 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: May 13, 2008 Re: DEMCHAK to TOWN OF SOUTHOLD plo SCTM #'1000-84-1-'13 Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #: PROPERTY OWNERS: PURCHASE DATE: PURCHASE PRICE: TOTALPARCELACREAGE: EASEMENT ACREAGE: RESERVED AREA: ZONING: FUNDING: MISCELLANEOUS: 7810 Cox Lane, Cutchogue part of 1000-84-1-13 Michael Demchak & Maria Demchak Tuesday, May 13, 2008 $1,070,137.50 (based on 14.2685 acres @ $75,000/buildable acre) 14.7568 acres 14.2685 acres 0.4883 acres (25' wide strip along southeasterly boundary) A~C CPF 2% Land Bank This property is listed on the Community Preservation Project Plan list. The project is eligible for partial reimbursement (estimated at $413,786.50) from an awarded NYS Agriculture and Markets grant.