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HomeMy WebLinkAboutDemchak, Maria & Michael1000-84-1-13 Baseline Documentation Premises: 7810 Cox Lane Cutchogue, New York 14.2685 acres Development Rights Easement MARIA DEMCHAK and MICHAEL DEMCHAK to TOWN OF SOUTHOLD Easement dated May 13, 2008 Recorded May 29, 2008 Suffolk County Clerk - Liber D00012552, Page 594 SCTM #: 1000-84-1-13 Premises: 7810 Cox Lane Hamlet: Cutchogue Purchase Price: Funding: $1,070,137.50 (14.2685 buildable acres $75,000/acre) Community Preservation Fund (2% land bank) and NYS Agriculture & Markets grant CPF Project Plan: Yes Total Parcel Acreage: Development Rights: Reserved Area: 14.7568 acres 14.2685 easement acres 0.4883 acres Zoned: A-C Existing Improvements: In May 2008 - No structures, planted in sod, wooded area along Cox Lane DESCRIPTION LAND The subject has a total area of 14.90_+ acres. The property has a fairly regular shape with a westerly border having 716_+' of frontage along the easterly side of Cox's Lane, a northerly border of 788_+', an easterly border of 950_+', and a southerly border of 851 _+'. The appraisers have not been furnished a survey. The above dimensions were taken from the Suffolk County Tax Map and the subject deed. A copy of the tax map is included in the Addenda to this report. Utilities (electric and telephone) are available along the property's road frontage. Cox's Lane is a two way, two lane, publicly maintained macadam paved road. Public water is not available to the subject. Sanitary waste is generally handled by on-site septic systems in this area. The property has a generally level topography and is mostly cleared with a small portion that is wooded along the westerly border along Cox's Lane. It is situated at or near grade with the abutting road and is vacant. Land use surrounding the subject is primarily vacant, or improved residential properties to the north, south, and east, and industrial to the west. The subject is not located within a flood zone as designated by the Federal Emergency Management Agency Flood Insurance rate map (Zone X, Panel 0142G, Dated May 9, 1998). EGIVEN DESCRIPTION (CONTINUED) LAND Our research indicates the subject was encumbered with a covenant that restricted development on the subject to only agricultural structures. The convenant was to run from May 28, 1991 to May 28, 1991. This covenant was recorded in Liber 11279, Page 573, dated May 28, 1991. IMPROVEMENTS The subject is vacant land. PRESENT USE AND OCCUPANCY The subject is presently vacant and in use for agricultural purposes. _GIVEN A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, August 21, 2007 at 7:00 p.m. Members Present: Members Absent: Also present: Monica Harbes John Sepenoski, Chairman Ray Huntington Chris Baiz Michelle Zaloom (7:11-10:30 p.m.) Eric Keil Lillian Ball Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust DEMCHAK PROPERTY SCTM #: 1000-84-1-13 Location: 7810 Cox Lane, Cutchogue Total Acreage: 12.0 acres (GIS 14.8 acres) Zoned: A-C CPF: Yes Subdividable: Yes New PDR application. Melissa met with landowners who indicated they would like to sell development rights to Town on this lot. Landowners own two additional farm lots, but not interested in selling easement on these lots at this time. No reserve area was requested by landowners. This project may be considered for State grant proposal. MOTION made by Michelle Zaloom, seconded by Monica Harbes, to direct Melissa Spiro to commission an appraisal on this property. Motion carried 5/0. P R 0 P E R T Y V I S U A L S SUBJECT PHOTOGRAPHS VIEW OF SUBJECT FACING EAST I I I i I I I ! I I 1 ! SUBJECT PHOTOGR~PHS STREET SCENE FAC NG SOUTH ALONG COX'S LANE STREET SCENE FACING NORTH ALONG COX'S LANE GIVEN 30 3,0Ale) CD Tax Map Location ?3 E N V I R O N M E N T A L S U M M A R Y Phase 1 Environmental Site Assessment Demchak Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The overall property is comprised of approximately 15 acres of farmland and a small area of woods. The property is located on the east'side of Cox Lane, approximately 1,270 feet north of North Road. The property is more particularly described as Suffolk County Tax Map # 1000-84-01-13. The majority of the subject property is planted with sod. A steeply sloped, wooded area is located in the northwest comer of the property adjacent to Cox Lane. Irrigation piping was observed on the property; however, no evidence of irrigation wells, pump engines or storage tanks were observed on the property. No Sanborn map coverage was available for the area of the subject property. Aerial photographs from 1938, 1957, 1969, 1980, 1994, 2001 and 2004 were reviewed in order to determine if any prior uses that occupied the subject property. Review of the 1938 and 1957 aerial photographs revealed the property to be mostly wooded with a narrow strip of farmland along Cox Lane. The majority of the property appeared as farmland with a small area of wooded land at the northwest comer of the property in the remaining aerials. An extensive government records search found no potential sources of environmental degradation on the subject property. State or County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) CERCLIS site was located within one (1.0) mile, eight (8) SWF facilities, one (1) closed LUST incident and three (3) closed spills were within one-half (0.5) mile and four (4) PBS facilities were in close proximity of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. Typical view of subjecl proper~y Typical view of sul~ject property Typical view' of subiecl property View fronl Cox Lane to northwest corner of property I I I I I I I I FIGURE 1 Demchak Proper~y~ LOCATION MAP Cutchogue ~ Phase I ESA Scale: NTS Demchak Property, Cutchogue Phase T ESA ! I I I I FIGURE 3 LAND USE MAP Source: NYSGIS Orthoimagery Program, 2004 Scale: I" = 200' NORTII + Demchak Prope~y, Cutchogue Phase I ESA L! \ - R8o \ HD - AC A_~dcu_ltural Conservation R-40 ResidentialL_o_w Der!sity AA R-80 Residential Low Density A R-120 Re_si_clent~al Low Density B R~200 Residential Low Density C D H_? Hamlet Densit~ Residentia AHD .A_ff_or_dable Housing District ;~R ResortJResidential RO Residential/Office NB Rsmlet Business LB Limited Business B General Bus~ness ~411 Marine LIO L~gnt Industrial/Office Park FZGURE 4 ZONI'NG MAP NORTH Demchak Property, Cutchogue Source: Town of Southold Zoning Map I Scale: l"= 1,500' '~ Phase ! ESA I \SdA ~ RdA ....:) H a A -..... ~p HaA · PlA FIGURE 5 Demchak Property, SOILS MAP Cutchogue Source: Suffolk County Soil Survey Scale: l" = 800' ~ Phase ESR T FTGURE 6 Demchak Property, ~ll ~1~/~ TOPOGRAPHZC MAP Cutchogue ..... ~J~[ ~ ~,: ........ Source: USGS Topographic Quadrangle, Mattituck Hills NORTH & Southold ~ Phase I ESA Scale: 1" = 800' Approximate ,/ Site Locath~r, ~- ,/ ,~'scx ..~...I 700 ~,, t~ 7~ '~ <4, ~ I s5~58 / GREAT BAY :.,4 7.24 . / / '~,,; S46530~'~- -- FIGURE 7 Demchak Property, WATER TABLE CONTOUR MAP Cutchogue Source: USGS Water Resources lnvstigations Report NORTH 2002 ~ Phase I ESA Scale: 1" = 8,000' I I FIGURE 8 Demchak Property, ~111~ WATER MA1;N MAP Cutchogue ............................................ Source: SCWA Distribution Map, 2007 ~ Phase 'Ir ESA Scale: NTS I I I ! I I I I I I I I i FZGURE 9 Demchak Property, ill~l~l~/~ FRESHWATER WETLANDS MAP Cutchogue ~L~-,~ ~,~ ......... Source: NYSDEC Freshwater Wetlands Map, Mattituck NORTH Hills & Southold ~l~ Phase I ESA Scale: l" - 800' ZONE Town of Southold 360813 Town of Southold 360813 ZONE X ZONE FIGURE 10 Oemchak Property, FLOOD MAP Cutchogue Source: FEMA FIRM Map, Panels 142, 144, 161 $ 163 NORTHi Scale: I" = 800' ~ Phase ESA Toxics Targeting 1 Mile Radius Map Demchak Property Cutchogue, NY 11935 Inacgve Hazardous Waste (~ Disposal Registry Site Border Radius Radius Suffolk Count7 lr~aot. Haz Waste Disp. ~ Waterbody Tracks Distance in Miles Toxics Targeting 1/2 Mile Radius Map Demchak Property Cutchogue, NY 1'i935 CERCLIS Superfund [~ Non-NFRAP Site Suffolk County ODelisted NPL Site E:~ CERCLIS Superfund NFRAP Site ] Hazardous Waste Treater, Storer, Disposer Hazardous Substance ~ Waste Disposal Site ~ Matedal Spill [~ Solid Waste Facility Q~ Brownfields Site Location 1 Mile Radius ~ Waterbedy Tracks Radius Radius ,. Demchak Property // \ \ '\ I Toxics Targeting 1/4 Mile Radius Map Demchak Property Cutchogue, NY 11935 Major Oil ~ Storage Facility Chemical Storage Facility Toxic ~<~ Release Wastewater ~ Discharge Site Location Suffolk County ~E~ Dccket Facility Petro~eurn Bulk · Storage Facility Hazardous Waste ~1 Generator, Transp. i~ Waterbody Tracks, -- -- 1/8 Mile / ! / · Demchak Proper~y Toxics Targeting 1/4 Mile Closeup Map Demchak Property Cutchogue, NY 11935 Suffolk County i. _ N ationa' Pfiodly O Delisted NPL S,te *' List (NPL) CERCLIS Supe,ffur ~d CERCLi$ Superfund Inactive Hazardous Waste Inact. Haz Waste Disp Disposal Registw S,te * M Registry Qualifying HazardousWasteTreater, ~'~ RCRACorrective Storer, Disposer ** Action Facility * Hazardous Substance ~ Solid Waste Waste Disposal Site ** Brownfields Major Oil Q Site *' Storage Facility Chemicat Storage Hazardous V Wastewater Petroleum Bulk Discharge *** · Storage Facility *** Docket Fa¢ilib] *** Location ~ Waterbody * 1 Mile Search Radius 1/4 **' 1/4 Mile Search Radius ** 1/2 Mile Search Radius P U B L I C H E A R I N G 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 t 7 (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 properly 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 ma>, be examined by any interested person during business hours. Generated February 27, 2008 Page 3.3 Southold To~vn Board - Letter Board Meeting of February 26, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated February 27, 2008 Page 34 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 Tuesday~ March liT 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 distr~t. 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 ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suftblk Times Town Board Members Land Preservation Town Clerk's Bulletin Board Town Attorney SOUTHOLD 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 Tuesday, March 11, 2008, at 4:35 p.m., S6uthold 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 14.94- 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 Al 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 rights 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 hearing? (No response) Let's close the hearing. Southold Town Clerk S E R E S 0 L U T I 0 N Southold Town Board - Letter Board Meeting o£March 11, 2008 RESOLUTION 2008-288 ADOPTED Item h DOC ID: 365( 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. 'l'he address is 7810 Cox's Lane, Cutchogue, New York, and is located on the northeasterly side o1' 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 ,~urvey). 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 be eligible for partial funding from an awarded NYS Agriculture and Markets grant; now, thereibre, 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 Toxvn 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 I2. PROJECT NAME 3 PROJECT LOCATION: Municipality ~lb~'~t'~O~ ~ '-'~¢;=~.~h-~ County ~'~ ~ '~ ~O, t_ ~. 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) ~'1. 0 Co~J~L~.r~¢~ ~"~, ,O.y. 5' PRO~eD:CTION IS~ Expansion ~ Modifi~ flon/a fleralion 6. DESCRIBE PROJECT BRIEFLY: AMOUNTQ ~ND FFECTEO: acres 7. Initially ~,~ acres Ugimately 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: ~'Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [~ Yes U 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? DYes [~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: 1~ e~,~,Sev{.. ~;~ ~.~3~ ~, o~ ~ ~-"~¢~ $¢('~ ¢~'~{ o~ Coopt ~ ¢o.~- Date: Z/Z jr/O ~ I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD tN 6 NYCRR, PART 61747 If yes, coordinate the review process and use the FULL EAE [~Yes ~] No B, WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 61767 If No, a negative declaration may be superseded by another involved agency. C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1 Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: ~o C2. Aesthetic, agricultural, archaeological, ffistodc, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or tauna, fish, shetffisb or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adoptodr or a change in use or iatensgy of use of lan0 or other natural resources? Explain briefly: C5. Growth, subsequent development, or related actMties likely to be induced by the proposed action? Explain bdefly: D6 I-ongterm~$hortterm, cumulafive, orotherelfectsnotidenfifiedinCt-CS? Explainbdefly: CT. Other impacts (induding changes in use of edher quanti~y or type of energy)? Explain briefly: WILL THE PROJECT HAVE AN ~MPACT 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 POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstantia~~~arge~imp~rtant~r~therwisesigni~cant- 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 (0 magnitude. If necessary, add aaachments 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 II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check lhis 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 tffis box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WiLl. NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding this determination Title of Responsible Officer Signature of PrffiSamr (If diff~nt trom responsible offic~r) P U R C H A S E R E S O L U T I O N Southotd Town Board - Letter Board Meeting of March 1 I, 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 t300 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 develop~nent 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 l.ands Generated March 12, 2008 }'age 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 Town 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 develoP/bent 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 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 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 To~vn of Southold. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets gi'ant. The proposed action has been reviewed pursuant to Chapter 268 (Watert¥ont Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and thc Town Board hereby determines that this action is consistent with the LWRP. Generated March 12, 2008 l~age 49 Southold Town Board - Letter Board Meeting of March 11, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] [4OVER: Albert Krupski Jr., Thomas H. Wickham SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski 3r., Wickham, Evans, Russell Generntcd March 12, 2008 Page 50 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board Me]issa Spiro, Land Preservation Coordina..~9~ From: Mark Terry, Principal Planner ~.,('~×.j LWRP Coordinator ~ Date: March 17, 2008 Proposed purchase of development rights easement on the Michael & Maria Demcbak Property 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. SCTM# 1000-84-1-13 Zoning District A-C The following proposed action involving the purchase of a development rights easement on property owned by Michael & Maria Dcmcbak or Oregon Roads LLC. Said property is identified as SCTM #1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, Nexv York. The proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 14.9± acres (subject to survey). The action has been reviewed to Chapter 268, Waterfront Consistency Reviexv of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that th,e proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. DEPT OF LAND C L O S I N G S T A T E M E N T 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) Title insurance policy $ 4,767.00 Recording easement $ 250.00 Certified easement $ 50.00 $ 5,067.00 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: Single Transfer Status Update Page 1 of l Tracking Number: i~i~4000249 Transfer Information Amount: usr~-~-I Indicative Debit Amount: ~ I Status: I~i~ered 670.13750 Value Date: t 05/13/2008 670,137.50 Process Dale: i 05/13/2008 By Order of Information https://top.capitalonebank.com/cashplus/moneytransfer 5/13/2008 Money Transfer: Single Transfer Status Update Page l of I Tracking Number: lM~08i 34ooo~8~ Transfer Information Amount: U S~-"i Indicative Debit Amount: ~ ] Status: ]'Delivered 400,00000 Value Date: 400,000 00 Process Date: 05/13/2008 05/1312008 By Order of Information https://top.capitalonebank.com/cashplus/moneytransfer 5/13/2008 GIVEN ~ S $ 0 ¢ lATE 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 J Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC. I I Property of Michael Description and Maria Demchak Located 7810 Cox's Lane Cutchogue, NY S.C.T.M. #1000-84-1-13 File No. r 2007342 Terms Due upon Receipt Amount 2,800.00 GL108S 20 2'OWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y-Select - JE Date T£x. Date Fund Account ................... Use 1/30/2007 1/30/2007 H3 600 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 y. 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 fl_ U~> F3 Exit Fl0 ?rev View ~elect Record(s) or Use Action Code Disburs Inquiry by Vendor N~ .............. Detail--GL100N ............ W-09252007-241 Line: 173 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... 9/25/2007 SDT 9/21/07 Trx Amount... 2,800.00 Description.. APPRAISAL-DEMCHAK Vendor Code.. 007416 Vendor Name.. GIVEN ASSOCIATES LLC Alt Vnd.. CHECK ........ 92786 SCNB Invoice Code. 398 VOUCHER ...... P.O. Code .... 17444 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 9/25/2007 Date Cleared. 10/31/2007 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 # 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 # 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 properly 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 SOUTHOLU View I ** Actual Hi Vendor.. 005322 EHLERS/JOHN C. Y-Select JE Date Trx. Date Fund Account ........................ Use Acti ., 12/19/2006 12/19/2006 H3 , . 3/13/2007 3/13/2007 H3 , , 5/08/2007 5/08/2007 H2 , , 7/03/2007 7/03/2007 H2 9/11/2007 9/11/2007 H2 71 4/08/2008 4/08/2008 H3 600 6OO 600 600 600 6OO F2=Shi?i Un, F3=Exit ]"t( =P]-ev ,7:¢.=,e..,.. 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 Addl. : Fixed Asset.. Y : Date Released 4/08/2008 : Date Cleared. 4/30/2008 4/04/08 : : F3=Exit F12=Cancel : 572 Walt~/Vhitman Road Phone: 631-427-5665 M~lville NY 11747 Fax: 63%427 5620 Invoice Proper%: 08055 lhoject: VA02592 Demchek Property, Cutchogue Manager: McGi/m, Steven To; Town of Southold DeDt of Land Ptese~v Town ! IalI 53095 State Rt 25, P() Box 1179 Southold NY 11971 Attention: Melissa A Slmo Invoice il; 5726 Iau~ice [)ate: March 28, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VeeP. IllS htvoice Amo'unt $1,400. O0 Contract dated ebruary 27, 2008 - Item I/I: Prepare Phase I Environmental Sile Asessment (ontract AlIlOUllt: $1,400,00 Percent Complete: 100.00% Fee Eanled: $1 ~400.00 Prim Fcc Billings: $0.00 Current Fee Total: $1,400.00 7 otal I tweet Inrotce Amount $1,400. O0 GL108S 20 TOWN OF' SOUTHOLD View 1 ** Actual Vendor.. 014161 NELSON, POPE &VOOR Y=Select - JE Date Trx. Date Fund Aecount ...................... Use Aeti 7/17/2007 7/17/2007 B .600 7/17/2007 7/17/2007 7/31/2007 7/31/2007 7/31/2007 7/31/2007 11/20/2007 1/02/2008 i/i5/2008 i/29/2008 2/26/2008 4/22/2008 4/22/2008 7/17/2007 B .600 7/17/2007 B .600 7/31/2007 H2 .600 7/31/2007 H2 .600 7/31/2007 H2 600 7/31/2007 H2 600 11/20/2007 H2 600 1/02/2008 B 600 1/15/2008 H2 600 1/29/2008 A 600 2/26/2008 B 600 4/22/2008 B 600 4/22/2008 H3 600 -- - Use Act F2=Shi£ t tip F ~'~Exi t 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 .... : D~4~ C .... Final Payraent P Liquid. : T!rpe 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, Melvffie, New York 11747 Phone: 631-501-9615 Fax: 631-501-9623 .Yf'-~-/o~?o Da,e_ ._ .ff ,.~/~ . __ FAIR MARKET YALUE RIDER (Optional) MORTGAGE INSURANCE COYERAGE__ _ ENDORSEMENTS: Environmental.__ Waiver of Arbilration Residential Adjustable Rate Rider NEW YORK STATE TRANSFERfhL~,NSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagur) COMMUNITY PRESERYATION FI YNI) SURVEY INSFECIION DEPARTMENTAE SEARCItES STREET REPORT ESCROW I)EFOSIT~ ESCROW DEPOSIT FE~" BANKRUPTCY SEAR('It PATRIOI SEAR£ It RECORDING FEES: ( ) DEED(S) ) SATISFACTION(S). ) MORTGAGE(S)____ ) CONSOLIDATION, EXTENSION & MODIFI( 'A I ION 4,(;REI,;MEN I(S) ) MORTGAGE AI~FIIi hVl I (S) Title Closer S ~, 06 ~ O0000q q]~NDO9 019624 STEWART TITLF, ~'~ ~ ACCOUNT .8660.2.600.100 .8660.2.600.100 INSURANCE CO. 0%/]3./2008 CHECK 95890 P.O.~ I~OlCE DESCRIPTION TBR289 ST-S-10380 FEE TITLE INS POLIC 4,767.00 TBR289 ST-S-10380 REC EASEMENT/CERT COP 300.00 TOTAL 5,067.00 O0000q 0"' U'RNq©R NNdNI~ PA~FRTCT~ ~T,T,©kl L'~ & A~C~L~ P.O.~ .8660.2.600.100 TBR289 i iCv~O I CE ST-S-10380 N~,/I~/?NN~ CHEO~ 9~8~q DESCRiPTiO~ ~qO~qT TITLE CLOSE~-DEMCHAK ~00.00 TOTAL 100.00 R E C O R D E D E A S E M E N T IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 16 Receipt Number : 08-0050441 TRANSFER TAX NUMBER: 07-27830 District: D00 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 084.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $1,070,137.50 05/29/2008 10:16:22 AM D00012552 594 Lot: 013.000 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: 07-27830 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 $0.00 $30.OO $o.oo $118.40 Exempt NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County JUN 3 0 2008 OEPl OF LAND PR£SERVATION N,un;ber of pages · This document will be public SocaJ Security Numbers p otto I cordir9. ,1 2i Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES 31 Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) _ R.P.T.S.A. Comm. of Ed. S. 00 Affidavit ("~ Certified gYS S~r~arge 1s. O0 Other SubTotal Mortgage Amt. _ 1 Basic Tax 2. Additional Tax Sub Total Spec/Assit. or Spec./Add. TOT. MTG. TAX Duar Town Dual County Held for Appointment Transfer Tax Mansion Tax The p~operty covered by this mortgage is OF will be improved by a one or two family dwelling only YES orNO If NO, see appropriate tax clause on Real Property Tax Service Agency Verification zooo 084o0 ozoo oz3oo~/O 30g Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: I,isa Chlre Kombrink, P( 235 lqampton Road Southamplon, Nex~ York 11968 page# of t his i~ui?Si0¢ 5 Community Preservation Fund $ Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.s uffolkco u ntyny.g ov/cler k ocr,?× Df~ Improved / VacantLand TD [] '~ TD TD tll Title Company Information ~m0~ Co. Na~ ~4-~.-f 7T,'f/~ ~,,~, ~o, # ,~57-- 5-/o3 Suffolk County Recording & Endorsement Page This page forms part of the attached Deed <d'('onscrk ation I:]ascmcnt by: ISPECIFY TYPE OF INSTRUMENT) MI('IJAI:I..,,]ND MA.F. IA I)EM['HAK The premises herein is situated ir] SUFFOLK COUNTY, NEW YORK TO In tl~e TOWN of SOL!Il[OLD i'OWN O1' SOUTIIOLD In tl~e VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. lover) DEED OF CONSERVATTON EASEMENT THIS CONSERVATION EASEMENT ("Easement") is granted this day of~, 2008, by MARIA DEMCHAK and MICHAEL DEMCHAK ("Grantor")~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 SCTIVI# 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 IVlay 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. In 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 2S-AAA, Section 321 of the Agriculture and Markets Law states that "Tt is hereby found and declared that agricultural lands are irreplaceable state assets. Tn 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 January, 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. I. Grantor has re(~eived 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 MILLION- SEVENTY THOUSAND-ONE HUNDRED THIRTY-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. Tmplementation 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 IVlarkets 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 301 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. In 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 Improvements"). 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 10 ("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, durin9 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. :LO(a) Fences -- Existin9 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. 10(b) New Agricultural Structures and -rmprovements - 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 :~0(b) above, on up to 5% of the Property. The land on which these structures stand shall not be subdivided. :10(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 ~[8 ("Permission"). 10(f) Ancillary .rmprovements - 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 :Improvement of Water Sources Grantor maintains the right to use, maintain, establish, construct, and improve water sources, water courses and water bodies within the ProperLy 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 § 30! 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. Tn 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. ]f 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, ex parte 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 Internal 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 Southold 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 appIicability 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. In 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. In either case, upon any subsequent safe, 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 10 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. [nterpretation 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 Invalidity 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, 10B 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 prohibited, except with the permission of Grantee. 37, Grantor's Environmental Warranty Nothing in this Easement shall be construed as giving 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 Markets 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, 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 DEHCHAK MARTA DENCHAK Grantee: TOW/~FSOUTHOLD SCOTT A. RUSSELL, SUPERVISOR On thc/~_day of_ ]~7]ag/e in file year 2008 before me, the undersigned, personally appeared, .,q]/~/~ge-t.. ~g,,r~'~'~/¢ personalb., kno~.¥n to me or proved to me on the basis of satist~ctory evidence to be thc individual (s) whose name (s) is (are) subscribed to the within instrumen! and acknowledged to mc tba~ he/she/they executed the same in his/her/their capaciW (les), and l ~ 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 L FALLON State of New York ) Notary Public, State Of New York County of ,~l.,l ~l~l't< ), sx No. 0t FA4950146 Onthe /,~1 dayof ~, in the year 2OO8 before ote, the undersigned, personally appeared /)'],~t/,~ /)~"tn~'~-K " ,personallyknowntomeorprovedto~neonthebasisof satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the withiu instrument mM 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 individuaI taking acknowledgement PATRICIA L. FALLON Slat(! of New York ) Notary Public, State Of New York Onthe /~ dayof ~/]/..~- in the year 2008 before me, theundcrsigned, 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 (ies), and that by his/her/their signature(s) on the instmmcnt, the individual(s), or the person upon behalf of which the iudividual(s) acted, executed the instrument. Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Public, Sta!e Of New York 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. T I T L E P 0 L I C Y 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 properly 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 Title. 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 character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any pad of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. 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 par[ of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Cou ntersig~f~,.? a re Authorized Company City, State I"'"'°'.o,,o, '52046 Se,~a,.o 0-8901 [J If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-433-0014 If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions Visit our Word-Wide Web site at http://www stewadnewyork com File No: ALTA OWNER'~ POLICY (6/17/06) SCHEDULE A Policy No.: O-8901-$2046 Premim~: $4,767.00 File No.: ST-S-10380 Amount of Lnsurance: $1,070,137.50 Date of Policy: 5/13/2008 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 Smxthold, who acquired Development Rights by Deed of Conversation Easement from Michael Dcmchak and M~ia 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 OWNER'S POLICY (6/17/06) File No.: ST-S-10380 SCHEDULE A DESCRIPTION Po!icy No.: O-8901-52046 AMENDED 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 :t'ollows: BEGINNING at the tree point and or place of beginning; said point being on the northeasterly line of Cox Lane the following three (3) comes 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 ml the map of"Northwoods", filed Map 21, 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 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 rote point and or place of begim~ing along the northeazterly linc of Cox Lane, North 48 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 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 distance of 915.18 feet to the northerly line of a 25 foot strip of land; I[tENCE southerly along the northerly line cfa 25 foot strip of lmnd Scuff] 67 degrees 37 ntinotes 20 seconds West, a distance of 851.18 feet to the northeasterly line of Cox Lane and the true point or place of BEGINNING. ^LTA OWNER'S POLICY (~/17/OG} As to All of Lot 13 O%r Information Only): ALL that certain, plot, pie, cc 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 comer forming the intersection of the northerly s/de of Mathews Lane and the northeasterly side of Cox Lane, distant North 49 degrees 01 n nutes 50 seconds West 170.40 feet to the tree point or place of BEGINNING; RUNNING THENCE st}Il along the northeasterly side of Cox Lane, North 48 degrees 17 mi~autes 10 seconds West 715.30 feet to lands now or formerly of ri. Norman McCullough III; THENCE along said lands and lands now or formerly of Geraldine & Antone Berkoski, North 52 degrees l I minutes 20 seconds East 794.07 feet to lands l~ow or formerly of Maria & Michael Demehak; THENCE 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 POLICY (6/17/06) SCHEDULE Iii PART I FileNo,: ST-S-10380 PolicyNo.: O-8901-52046 This policy docs not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Rights of tenant(s) or person(s) in possession, if any. 2. Subject to water oha~ges, if any. 3. Policy will except all loss or damage which the insured may sustain by reaso~ of the fact thal Lot 013.000 has not been apportioned. Title No.: ST-S- 10380 STEWART TITLE ATTACHED TO AND MADE A PART OF POLICY NUMBER INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Date oflsaue: May 13~ 2008 0-890142046 1, Covered RiskNumber 2(c) is deleted. 2. The following is added as a Covered Risk: "1 l, Any statutory lien for sm'vices, labor or materials furnished prior to thc date hcreof, and which has nov(gained or which may hereafter gain priority over the estate or interest &the lt~sured as shown m Schedule A of this pohcy. 3. Exclusion Number 5 ia deleted, and the following ia substimtad: 5. Any lien on the Title for real estate taxes, assessroents, water charges or sewer re~ts imposed by governmental authority and created or attaching between Date of Policy and the date of recording of thc deed at other instrument of transfer in the Public Records that vests Title as Shown n Schedule A. This ~ndmsement is issued as part of the policy. Except as it expressly states, it does ~oot '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 the extent a provision of thc policy or a previous endorsement is inconsistent with an express provision of this endors~nent, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of hS.e policy and cf any prior endorsements. Signed on: Stewart Title lnsnra~ce Company Authorized Office or Agent Stewart Title 125 Bay s Road Suite 201 Melville, New York 11747 STEWART TITLE STANDARD NEW YORK ~NDORS, EMBNT (5I'1/07) FOR USE WITH ALTA OWNER'S POLICY (~-t7..06) COVERED RISKS (Continued) Title being yes(ed other than as stated in Schedule A or being defective (i) to be timely, or (a) as a result of the avoidance in who e or in part, or from a court order (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 iudgment 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 Title as shown in Schedule ^ because that prior transfer in Covered Risks 1 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 Cate of Policy bankruptcy, state insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer Jn the (b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule A constitutes a preferentia~ transfer under federal The Company wiil 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 less or damage, costs, attorneys' fees, or expenses that arise by reason of: (a) Any law, 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 Ihe 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 insolvenfiy, 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 all 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 impad 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 or 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 ri Page2 Serial No.: O- IJ File No.: CONDITIONS (Continued) 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, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify 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. 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. 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. 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 ~oss 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. OPTIONS 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 ~itigation. (b) To Pay or Otherwise Settle With Padies 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) II Pa~e3 Serial No,: O- II File No.: 8. DETERMINATION AND EXTENT OF UAE._, rY This policy 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 toss or damage determined either as of the date the ctaim was made by the insured Claimant or as of the date it is seltled 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 mat[er 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) The 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 written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment 11. 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 ar[er 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. PAYMENTOF LOSS When liabilily and the extent of ~oss or damage have been definitely fixed in accordance with these Conddions, the payment shall be made within 30 days v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SE~rLEMENT (a) Whenever the Company shall have settled and paid a ctaim under this policy, it shall be subrogated and entitled to the rights 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 properly, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company If requested by the Company, the Insured C~aimant 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(, ,~medies. 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 Insured. AlP 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 parties, 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. SEVERABILITY 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 par[ held to be invalid, but all other provisions shal~ 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 policies 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 term8 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 territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Depadmen a 300 East 42® St, 10~h Floor, New York, NY 10017 I Page 4 Serial No.: O- File No.: N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of -- .~?~ cres of active farmland and/or - acres of non-farmland, situated at Suffolk County Tax Map No. 1000- ~'4/../ - /9 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner TOWN OF SOUTHOLD SCOTT A. RUSSELL, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 By: MICHAEL DEMCHAK By: MARIA DEMCHAK 3206 Camoustie Court Riverhead, New York 11901 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the/~_ day of ~/~,¢_.4¢ , 2008, before me personally appeared SCOTT A. RUSSELL, personally known t'o n~e or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF /J~/z/ ~/¢ COUNTY OF ~J( PATRICIA L, FALLON Notary Public, State Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, On the /~ day of n~.j¢-°°wnvt ,2008, before me personally appeared MICHAEL DEMCHAK, personally k me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF /V~.z,' V'¢4x' ) COUNTY 0 F ~t¢~/-/( ) )SS: PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified in Suffolk County Commission Expires April 24, On the /.~, day of )')~,f.¢ ,2008, before me personally appeared MARIA DEMCHAK, personally known too me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01FA~950146 Qualified in Suffolk County Commission Expires April 24, o~.,¢11,/ STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1 W'~nners Circle Albany, NewYork 12235 Division of Agricultural Protection and Development Services 518~t57-7076 Fax. 518~57-2716 June 30,2008 Scott A. Russell, Supervisor Town of Southold 53095 Route 25 PO Box 1179 Southold, NY 11971-0959 RE: Waiver - Town of Southold - Suffold County - Purchase of Development Rights Dear Supervisor Russell: The Department has reviewed documentation submitted by the Town of Southold to waive the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets Law in connection with the acquisition of active farmland in Suffold County Agricultural District #1. The documentation includes a waiver signed by Michael Demchak and Maria Demchak for approximately 14.756 acres of active farmland located at Suffokd County Tax Map No. 84-1-13, Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and I NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of a conservation easement on the referenced parcels by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. Sincerely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit CC: Melissa Spire, Land Preservation Coordinator, Town of Southold Ken Schmitt, Chair, Suffolk County AFPB AP08/034-W JUL - 3 2008 DEPl OF LAND PRESERVATIOff MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-571 I 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 June 6, 2008 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 Re: MARIA DEMCHAK & MICHAEL DEMCHAK to TOWN OF SOUTHOLD Part of SCTM #1000-84-1-13 Dear Mr. Somers: Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was executed by Southold Town Supervisor Scott A. Russell, Maria Demchak and Michael Demchak, at the time of closing on a development rights easement on active farmland formerly identified as part of SCTM #1000-84-1-13. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Maria Demchak & Michael Demchak Town of Southold May 29, 2008 D00012552 594 7810 Cox Lane, Cutchogue 14.2685 acres 1000-084.00-01.00-013.000 Please provide me with a wriaen acknowledgment of your receipt of the waiver at your earliest oppo~ni~. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation Division of Lands & Forests {~62ureau of Real 5th Property, Floor 5 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 · FAX: (515) 402~9028 Website: www.dec.nv.~o¥ Alexander B Grannis Commissioner June 16, 2008 Melissa Spiro Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 497 Grantor: Maria Demchak & Michael Demchak Liber: D12552 Page: 594 The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, TAR:gm Timothy A. Reynolds Real Estate Specialist 2 Bureau of Rcal Property JUN 19 2008 OEPT OF LAND PR£SERVATION MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ mwn.southold.ny.us Telephone (631) 765-571 I Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner 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 June 6,2008 NYSDEC Bureau of RealProperty 625 Broadway, 5m Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry MARIA DEMCHAK and MICAHEL DEMCHAK to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Deed of Conservation Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Maria De~nchak&Michael Demchak Town of Southold May 29, 2008 D00012552 594 7810 Cox Lane, Cutchogue 14.2685 acres 1000-084.00-01.00-013.00 Kindly acknowledge receipt ofthis document by providing mewith the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator cc: Michael & Maria Demchak - 3206 Carnoustie Court, Riverhead, NY 11901 w/enc. 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 June 19, 2008 Michael & Maria Demchak 3206 Carnoustie Court Riverhead, NY 11901 Rel NYSDEC Conservation Easements Registry CE: Suffolk 497 SCTM #1000-84.-1-13 Dear Mr. & Mrs. Demchak: Please be advised that the Town's purchase of a development rights easement on your property located at 7810 Cox Lane in Cutchogue has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the new Conservation Easement Tax Credit and your eligibility to claim the tax credit, please contact Tim Reynolds at NYSDEC and refer to the assigned identifier - CE: Suffolk 497. Very truly yours, Melanie Do.rc~ i Sr. Administrative Assistant enclosures G R A N T I N F O R M A T I O N Doroski, Melanie From: Sent: To: Subject: FYI Cushman, John Wednesday, September 09, 2009 8:25 AM Spiro, Melissa; Doroski, Melanie NYS Ag & Markets Payment Remittance {nfmmation for ACH Trace# 01332357 *** Effective Date oflBe~esit is Septemtmr 40, 2009 ~* Tote1 ACH Deposit 431.868.09 F~r a~Mibor, al information about your payment, please cal~ the telephone number for the agenc~ listed above. [History, of Pavments] [tn~rmati0n On Other Payments] SEP - 9 2O09 I)EPT. OF LAND PRESERVATfON 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 September 9, 2009 David H. Behm Farmland Protection Program Manager NYS Department of Agriculture & Markets Division of Agriculture Protection & Development 10B Airline Drive Albany, NY 12235 Re: DEMCHAK Farm Proiect Dear Mr. Behm: It took a long time in coming, but thank you so much for your continued efforts in getting the paperwork approved and processed for the recent grant funding distribution to the Town of Southold. In these tight economic times, the reimbursement funds awarded on the Demchak Farm Project that closed in May 2008 will aid in the purchase of additional development rights easements that will preserve and protect valuable farmlands within our township. Again, many thanks for all your help. Sincerely, Melissa Spiro Land Preservation Coordinator SEE INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING AC 92 (Rev 6/94) STATE oF STANDARD VOUCHER NEW YORK jriginating Agency Orig Agency Code Interest Eligible (Y/N) S Dept of Agriculture & Markets 06000 Payment Date (MM) (DD) (YY) USC Use Only Liability Date ;t;V;'ooo 1%';1_0959 .oute 939 Payee Name (Limit to 30 spaces) of Southold Payee Name (Limit to 30 spaces) Address (Limit to 30 spaces) 53095 Route 25 Address (Limit to 30 spaces) P.O. Box 1179 City(Limitto 20 spaces) Southold Order No (Limit to 2 space.. Zip Code 11971-0959 Oescripdon of Material/Se~,ice if items are too numerous to be incorporated into the block below use Form AC 93 and carry to[al lo.Yard Payee Amount IRS Code IRS Amount Stat. Type Statistic 5_J Ref/Inv. No. (Limit to 20 spaces) VoucherNo. P-Contract C800655 (MM) {DD) (YY) MIR Date (MM) (DD) (YY) Indicator-Dept. Indicator-Statewide Ref/Inv. Date (MM) (DP) (YY) Quantity Amount Purchase of Development Rights - Demchak fai~m project $431,868 7j Payee Certification: .~ I I certify that the~~above bill ' t, true and correct; that no par[ therof has been paid except as stated and that $ 4 3 1,8 6 8 · 0 0 the balance is actually nd owing, an taxes from which the State is exempt are e×c[uded · .~ /~~,~4~ Scott A. Russell, Supervisor '*' / I '-~ Payee'sSigna~ureinlnk ' -- ~ htre ~l I(~ Town of Southold / Date Name ol Co~.y $ 431,868. O0 FOR AGENCY USE ONLY STATE COMPTROLLER'S PRE-AUDIT Merchandise Received I certify that this voucher ~s correct and just, and payment is approved and the goods or services Date Page No By rendered or furnished are for use in the performance of the official functions and duties of this agency Authorized Signature Date Title Expenditure Verified Audited Special Approva~ By /as Re"~uired/ Cer[ified For Payment of Net Amount Cost Center Code Cost Center Unit Object Amount Orig Agency Check if Continuation OSC [] form is attached P R O P E R T Y R E C O R D S MICHAEL & MARIA DEMCHAK to TOWN OF SOUTHOLD Part of SCTM #1000-84-1-13 Location: 7810 Cox Lane, Cutchogue Development Rights Easement- 14.2685 acres Total Parcel Acreage- 14.7568 acres Reserved Area - 0.4883 acre Closing held on Tuesday, May 13, 2008 Southold Town Hall Annex (from left to right) Michael Demchak Maria Demchak A. Russell 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 $413,786.50) from an awarded NYS Agriculture and Markets grant. A E R I A L S 994 AERIAL PHOTOGRAPH I I I I I I I i® I I I I I ~ 1980 AERIAL PHOTOGRAPH ,,. I I I I I I I I I I I I I I ,,. 1969 AERIAL PHOTOGRAPH I I I I I I I I I I I I ~ 1957 AERIAL PHOTOGRAPH ,,. ! ! ! ! ! ! ! ! ~ 1938 AERIAL PHOTOGRAPH I I I i I ,,. S U R V E Y SURVEY OF PROPERTY SffUATE: CUTCHOGUE TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK SUFF=OLI< C, OUNT"r' TAX ~ IOOO - 84 - I - ID SUP~VEYEE), htA~C..H 20, 2008 REVISED, APt~.IL 05, 2008, HAY 12, 2008 I*T~'$ DE~T OF AG~CU]L~ & MA~,3A MZC]EA]~.Z, FINAL SURVEY MONUMENT FOUNI~ To~c~I ArCQ = 642,808 .~. FL or 14.q568 Acres <¢¢°6 ,,~0~- 0P ~- ~P-.APHIC. 9C. ALE I"= ¢O' O ~O 120 N E JOHN C. EHLERS LAND SURVEYOR 6 EAST ~ STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF-\\Compaqserver\pros\08\08-124b.pro A E R I A L M A P Michae & Maria Demchak Town Development Rights Purchase Map Prepared by Town of Southo~d G~S March 7, 2008