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
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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.
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SUBJECT PHOTOGRAPHS
VIEW OF SUBJECT FACING EAST
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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
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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
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FIGURE 1 Demchak Proper~y~
LOCATION MAP Cutchogue
~ Phase I ESA
Scale:
NTS
Demchak Property,
Cutchogue
Phase T ESA
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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'
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FIGURE 8 Demchak Property,
~111~ WATER MA1;N MAP Cutchogue
............................................ Source: SCWA Distribution Map, 2007
~ Phase 'Ir ESA
Scale:
NTS
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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
//
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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
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· 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
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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
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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)
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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
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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
{Michael & Maria Demchak)
$ 670,137.50
Wire Transfer to
(~Asset Preservation, Inc.)
$ 400,000.00
Expenses of Closing:
Appraisal
Payable to Given Associates LLC
(9/25/07)
Survey
Payable to John C. Ehlers Land Surveyor
(4/8/08)
Environmental Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC
(4/22/08)
$ 2,800.00
$ 1,490.00
$ 1,400.00
Title Report
Payable to Stewart Title Insurance Company
(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
(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
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
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.
:
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
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
R
E
C
O
R
D
E
D
E
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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
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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.
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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-
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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
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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
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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#
*** 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
Payment Date (MM) (DD) (YY) USC Use Only Liability Date
;t;V;'ooo 1%';1_0959 .oute
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
(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
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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 $413,786.50) from an
awarded NYS Agriculture and Markets grant.
A
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S
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SURVEY OF PROPERTY
SffUATE: CUTCHOGUE
TOWN: SOUTHOLD
SUFFOLK COUNTY, NEW YORK
SUFF=OLI< C, OUNT"r' TAX ~
IOOO - 84 - I - ID
SUP~VEYEE), htA~C..H 20, 2008
REVISED, APt~.IL 05, 2008, HAY 12, 2008
I*T~'$ 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
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~P-.APHIC. 9C. ALE I"= ¢O'
O ~O 120
N
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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
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Michae &
Maria
Demchak
Town Development
Rights Purchase
Map Prepared by
Town of Southo~d G~S
March 7, 2008