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.