HomeMy WebLinkAboutDemchak, Maria & Michael (2) MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa,spiro@ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (63 l) 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;
From:
Date:
Re:
Elizabeth A. Neville
Town Clerk
Melanie Doroski
Sr. Administrative Assistant
January 25, 2011
DEMCHAK to TOWN OF SOUTHOLD
Development Rights Easement - 26.6717 acres
Parts of SCTM #1000-84-1-11 & 12.1
Location: 14380 Oregon Rd & 22869 CR 48, Cutchogue
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Suffolk County Clerk Records Office Recording Page
· Suffolk County Recording & Endorsement Page
· Original Grant of Development Rights Easement dated December 8, 201~, between Maria
Demchak and Michael Demchak and the Town of Southold, recorded in the Suffolk County
Clerk's office on 12/23/2010, in Liber D00012646 at Page 798
· Original title insurance policy #O-8911-556610 issued by Stewart Title Insurance Company
on December 8, 2010 in the insured amount of $1,733,661.00 (title #ST10-07862)
· Closing Statement
Thank you.
Melanie
encs.
cc: Assessors w/copy of recorded easement & survey print
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Tl~oe of Instrument: EASEMENT
N~m~er of Pages: 29
Receipt Number : 10-0148160
TRANSFER TAX NUMBER: 10-10870
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
084.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$1,733,660.50
12/23/2010
11:50:16 AM
D00012646
798
Lot:
011.002
Received the Following Fees For Above Instrument
Exempt
Page/Filing $145.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $18.85 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER:
10-10870
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$50.00 NO
$0.00 NO
$258.85
JUDITH A. PASCALE
County Clerk, Suffolk County
JAN 24 2011 J
DEPT. OF LAND
PRESE~VATtgN
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior tO recording.
Deed / Mortgage Instrument
31
Page / Filing Fee
Handling 20. 00
Notation
EA-52 17 (County) .
EA-5217 (St0te) )
R.P.T.S .A. '
Comm, o%g~/' 5. 00
NYS Surcharge 15. 00
Other
Real Property
Tax Service
Agency
RECORDED
20t0 Dec 23 li:50:16
JUDITH g. PASCALE
CLERK OF
SUFFOLK COUtffV
L D00012646
P 795
DT~ I0-10570
Sub Total
Deed / Mortgage Tax Stamp
Sub Total
Grand Total ~
10028091 looo oe4oo oloo 011002
1000 00400 0100 012004
Reco[ding / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town Dual County
Held for Appointmel~5'
Transfer Tax '~ /
Mansion Tax
The property covered by this mortgage is
or will be imprOved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
5 Community PreserVation Fund
oo , d r. on
CPF Tax Due $
VerifiCation
Improved ?
Satisfactions/Discharges/Releases List Property Owners Mailing Address I
· RECORD & RETURN TO: Vacant
TD
Mail to: dudith A. ~ascale, Suffolk County Clerk ]~ff Title Company ~formation
310 Center Drive, Riverhead, NY 11901 me ~ ~tr~
www. suffolkcou ntyny, gov/clerk ~ ~T/O- ~
Suffolk County Recording & Endorsement Page
This page forms pm't of the attached
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
made by:
TO
In the TOWN of
In the VILLAGE
or HAMLET of
If the document you've just recorded is your SATISFACTION OF MORTi~A(~F,
the following: '
please be aware of
If a portion of your monthly mortgage payment included your property taxes, * n.E~It-Y/IIJ.~E2I~
contact your local Town Tax Receixrer so that you may be billed directly for all future oro~)ertg t~
statements. .
Local property taxes are payable twice a year: on or befoi-e January 10~ and on or before May 31,t.
Failure to make paymefit§ in a timely fashion e0uld result in a penalty.
Please contact your ioeal Town Tax Receiver witli any question~ regarding property tax
payment.
Babylon Town Recei~rer of Taxes
200 .asi glghw y
North Llndenhurst, N.Y. 11757
(631) 957-3004
Rlverhead ToWn i~eCei{re~ of T~Xes
200 Howell Avenue
Rlverhead, N.Y. 11901
(631) 727-3200
Brook_haven Town Receiver of Taxes
One independence Hill
Farmingvllle, N.Y. 11738
(631) 451-9009
Shelter Island Town Receiver of Taxes
Shelter Island To~v~ Hall
Shelter Island, N.Y. 11964
(631) 749-3338
East Hampton Town Receiver of Taxes
300 Pantigo Place
East Hampton, N.Y. 11937
(631) 324-2770
Smithtown Town Receiver of Taxes
99 West Main Street
Smithtown, N.Y. 11787
(631) 360-7610
Huntington Town Receiver of Taxes
100 Main Street
Huntington, N.Y. 11743
{631) 351-3217
Southampton Town Receiver of Taxes
116 Hampton Road
Southampton, N.Y. 11968
(631) 283-6514
Isllp Town Receiver of Taxes
40 Nassau Avenue
Isllp, N.Y. 11751
(631) 224-5580
Southold Town Receiver of Taxes
53095 Main Street
Southold, N.Y. 11971
(631) 765-1803
Sincerely,
Judith A. Pascale
Suffolk County Clerk
/0o
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the ~,~b day of December, 2010 at Southold, New York. The parties
are MARIA DEMCHAK and MICHAEL DEMCHAK, 3206 Carnoustie Court,
Riverhead, New York 11901 (herein collectively called "Grantor"), and
the TOWN OF SOUTHOLD, a municipal corporation, having its principal
office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971
(herein called "Grantee") and the United States of America ("United
States") by and through the United States Department of Agriculture
("USDA") Natural Resources Conservation Service ("NRCS") acting on
behalf of the Commodity Credit Corporation, as its interest appears
herein.
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real
property located in the Town of Southold, Suffolk County, New York,
identified as part of SCTM #1000-84-1-11 and part of SC'TM #1000-
84-1-12,1, more fully described in SCHEDULE "A" attached hereto and
made a part hereof and hereinafter referred to as the "Property" and
shown on the survey prepared by Young & Young, dated November 16,
2010 (a reduced copy of which is attached hereto and made a part
hereof and hereinafter referred to as the "Survey"); and
WHEREAS, the Property is located in the A-C Zoning District of
the Town of Southold; and
WHEREAS, the Property contains soils classified as Class T and
Class II worthy of conservation as identified by the United States
Department of Agriculture, Natural Resources Conservation Service's
(formerly the Soil Conservation Service) Soil Survey of Suffolk County,
New York; and
WHEREAS, The Federal Farm and Ranch Lands Protection
Program's purpose is to assist in the purchase of conservation
easements on land with prime, unique, or other productive soil for the
purpose of protecting topsoil from conversion to nonagricultural uses
(16 U.S.C. 3838h and 3838i). Under the authority of the Farm and
Ranch Lands Protection Program, the United States Department of
Agriculture Natural Resources Conservation Service (hereinafter the
"United States" or "NRCS") acting on behalf of the Commodity Credit
Corporation, has provided EIGHT HUNDRED SEVENTY
THOUSAND AND 00/100 DOLLARS ($870,000.00) to the Grantee for
the acquisition of this Easement, entitling the United States to the
rights identified herein.
WHEREAS, the Property is part of the New York State
Agricultural District #1, and the Grantor wishes to continue using the
Property for agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used as sod crop in rotation
with other specialty crops; and
WHEREAS, it is the policy of the Town of Southold (the "Town"),
as articulated in the Town's Master Plan of 1973, amended in 1986 and
1989 as adopted by the Town Board, Town of Southold, and §272-a of
the New York State Town Law ("Town Law") to protect environmentally
sensitive areas, preserve prime agricultural soils, to protect the scenic,
open space character of the Town and to protect the Town's resort and
agricultural economy; and
WHEREAS, the Property in its present scenic and agricultural
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any development;
and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor
and Grantee have, in common, the purpose and objective of protecting
and conserving the present state and inherent, tangible and intangible
values of the Property as an aesthetic, natural, scenic and agricultural
resource; and
WHEREAS, Grantee has determined it to be desirable and
beneficial and has requested Grantor, for itself and its successors and
assigns, to grant a Development Rights Easement to Grantee in order
to restrict the further development of the Property while permitting
compatible uses thereof;
NOW THEREFORE, in consideration of ONE MILLTON SEVEN
HUNDRED TH][RTY-THREE THOUSAND STX HUNDRED SIXTY AND
50/100 DOLLARS ($1,733,660.50) and other good and valuable
consideration paid to the Grantor, the receipt of which is hereby
acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and convey to the Grantee a Development Rights Easement, in gross,
2
which shall be binding upon and shall restrict the premises shown and
designated as the Property herein, more particularly bounded and
described on Schedule "A" annexed hereto and made a part of this
instrument.
TO HAVEAND TO HOLD said Development Rights Easement and
the rights and interests in connection with it and as hereinafter set
forth with respect to the Property unto the Grantee, its successors and
assigns forever, reserving, however, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the
exclusive right of occupancy and of use of the Property, subject to the
limitations, conditions, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees
as follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is
the owner of the Property described in Schedule "A", free of any
mortgages or liens, as set forth in Stewart Title ]nsurance Company
Title Report No. ST10-07862 and possesses the right to grant this
easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York State and is authorized under §64 of Town Law and
§247 of the New York State General Municipal Law ("General Municipal
Law") to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic,
conservation and agricultural values of the Property and have the
common purpose of preserving these values by limiting nonagricultural
3
uses of the Property. This instrument is intended to convey a
Development Rights Easement on the Property by Grantor to Grantee,
exclusively for the purpose of preserving its character in perpetuity for
its environmental, scenic, agricultural, conservation and natural values
by preventing the use or development of the Property for any purpose
or in any manner contrary to the provisions hereof, in furtherance of
federal, New York State and local conservation policies.
0.04 Governmental Recoqnition
New York State has recognized the importance of private efforts
to preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law
§247. Similar recognition by the federal government includes §170(h)
of the Tnternal Revenue Code ("iRC") and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. Tn order to aid in identifying and
documenting the present condition of the Property's natural, scenic,
conservation, agricultural, and aesthetic resources and otherwise to
aid in identifying and documenting the Property's agricultural values as
of the date hereof, to assist Grantor and Grantee with monitoring the
uses and activities on the Property and ensuring compliance with the
terms hereof, Grantee has prepared, with Grantor's cooperation, an
inventory of the Property's relevant features and conditions (the
"Baseline Documentation"). This Baseline Documentation includes, but
need not be limited to, a survey dated November 16, 2010 prepared
by Young & Young, and a Phase 1 Environmental Site Assessment
dated May 26, 2010 by Cashin Associates, P.C.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the
Grantor's uses of the Property or its physical condition as of the date
hereof, the parties shall not be foreclosed from utilizing any other
relevant or material documents, surveys, reports, photographs or
other evidence to assist in the resolution of the controversy.
0.06 Recitation
in consideration of the previously recited facts, mutual
promises, undertakings, and forbearances contained in this
4
Development Rights Easement, the parties agree upon its provisions,
intending to be bound by it.
ARTTCLE ONE
THE EASEMENT
1,01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall
include any and all of those limitations, covenants, use restrictions,
rights, terms and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest
and right to prohibit or restrict the use of the Property for uses or
purposes consistent with the terms of this Easement, including
agricultural production as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code of the Town of Southold (the "Town Code" or "Code") now or as
Chapter 70 may be amended and including the production of crops,
livestock and livestock products as defined in §301(2)(a)-(j) of the
New York State Agriculture and Markets Law ("Agriculture and Markets
Law"), now or as §301(2)(a)-(j) may be amended, provided said
amended provisions are inherently similar in nature to those crops,
livestock and livestock products included as of the date of this
Easement. No future restrictions in said laws and/or Code or limitation
in the definitions set forth in said laws and/or Code shall preclude a
use that is permitted under the current law and/or Code.
"]mprovement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
"Riding Academy" shall mean a business use of a lot for any of
the following purposes: the letting of horses for hire to individuals or
groups whether supervised or unsupervised, horseback riding
instruction or the holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or
under the ground or upon another structure or building, including
walkways. Structures shall not include trellis, posts and wiring, farm
irrigation systems, nursery mats, or fencing necessary for agricultural
operations or to mark the boundaries of the Property, including
without limitation fencing to keep out predator animals, including deer.
Approvals for those items listed in the preceding sentence shall be as
required by applicable provisions of the Town Code.
1.03 Duration
This Easement shall be a burden upon and run with the Property
in perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal
interest in the Property, and shall extend to and be binding upon
Grantor, Grantor's agents, tenants, occupants, heirs, personal
representatives, successors and assigns, and all other individuals and
entities and provides Grantee with the right to administer, manage
and enforce the Easement as provided herein. The word "Grantor"
when used herein shall include all of those persons or entities. Any
rights, obligations, and interests herein granted to Grantor and/or
Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "Grantor
and/or Grantee" when used herein shall include all of those persons or
entities.
ARTICLE TWO
SALE
GRANTOR, for ONE MILLION SEVEN HUNDRED THIRTY-THREE
THOUSAND SIX HUNDRED SIXTY AND 50/100 DOLLARS
($1,733,660.50) good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity,
together with all rights to enforce it. Grantee hereby accepts this
Easement in perpetuity, and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or within the
Property:
3.01 Structures
No structures may be erected or constructed on the Property
except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and 1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be
necessary to construct and maintain permitted structures and
improvements on the Property or in connection with necessary
drainage or soil conservation programs, shall be prohibited, 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 purposes of erosion control and soil management, or
in connection with normal agricultural/horticultural activities, without
the prior written consent of Grantee.
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or § 335
of the Real Property Law, as they may be amended, or any other
applicable State or local law. "Subdivision" shall include the division of
the portion of the Property from which the development rights are
acquired into two or more parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the
Town of Southold and as otherwise required by applicable law,
subdivide the property or reconfigure lot lines, provided that all
resulting parcels contain at least l0 acres of preserved agricultural
land subject to a development rights easement or other conservation
instrument.
Notwithstanding this Section 3.03, upon the death of Grantor,
the underlying fee interest may be divided by conveyance of parts
thereof to Grantor's executor, trustee, heirs or next of kin by will or
operation of law. The United States Secretary of Agriculture shall be
notified prior to such division or conveyance.
3.04 Dumpinq
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or
chemical waste on the Property shall be prohibited. This prohibition
shall exclude materials used in the normal course of sound agricultural
practices on the Property, including fertilization, composting and crop
removal.
3.05 Siqns
The display of signs, billboards, or advertisements shall be
prohibited, except signs whose placement, number, and design do not
significantly diminish the scenic character of the Property and only for
any of the following purposes: (a) to state the name of the Property
and the names and addresses of the occupants and the character of
the business conducted thereon, (b) to temporarily advertise the
Property or any portion thereof for sale or rent, (c) to post the
Property to control unauthorized entry or use, or (d) with the consent
of the Grantor, to announce Grantee's easement. Signs are subject to
regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines,
utility poles, wires, pipes, wells or drainage systems ("utilities") on the
Property to service structures approved pursuant to Section 4.06 shall
be prohibited without the prior written consent of the Grantee.
Underground utilities must, to the extent possible, be constructed
within 30 feet of the centerline of any roads or driveways, and may be
used solely to service the permitted structures on the Property. The
Property may not be used for the creation or placement of utilities to
service any other properties.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use
of the Property or structures on it for any residential, commercial or
industrial uses, permanent or temporary, including but not limited to a
riding academy, shall be prohibited. For the purposes of this section,
agricultural production, as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code, now or as Chapter 70 may be amended, and including the
production of crops, livestock and livestock products as defined in
§301(2)(a)-(j) of the Agriculture and Markets Law, now or as said
§301 (2)(a)-(j) may be amended, provided said amended provisions
are inherently similar in nature to those crops, livestock and livestock
products included as of the date of this Easement, and shall not be
considered a commercial use.
Uses, improvements and activities permitted by the Town Code
now or in the future on agricultural lands protected by a development
rights easement or other instrument, including but not limited to
farmstands, shall not be considered a commercial use. No
improvements, uses or activities inconsistent with current or future
agricultural production shall be permitted on the Property. Under no
circumstances shall athletic fields, golf courses or ranges, commercial
airstrips and helicopter pads, motorcross biking, or any other
improvements or activity inconsistent with current or future
agricultural production be permitted on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil
degradation or erosion or pollution of any surface or subsurface waters
shall be prohibited. This prohibition shall not be construed as
extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices of the NRCS.
3.09 Conservation Plan
All agricultural operations on the Property shall be conducted in
a manner consistent with a resource management system (RMS)
Conservation Plan (the "Conservation Plan") prepared by the NRCS
utilizing the standards and specifications of the NRCS Field Office
Technical Guide, 7 CFR Part 12 and approved by the Suffolk County
Soil and Water Conservation District. All lands enrolled in the Farm
and Ranch Lands Protection Program will be subject to the
Conservation Plan. The resource management system for cropland,
prescribed in the Conservation Plan for all cropland enrolled in FRPP
will assure that selected conservation practice alternatives will prevent
9
sheet and rill erosion from exceeding the current published soil loss
tolerance level.
Grantor shall give Grantee copies of the Conservation Plan upon
request and advise Grantee of amendments thereto so as to enable
Grantee to keep its records current.
3.10 Conservation Compliance Provisions of the Conservation Plan
As required by Section 1238I of the Food Security Act of 1985,
as amended, the Grantor, its heirs, successors, or assigns, shall
conduct all agricultural operations on the Property in a manner
consistent with a conservation plan (the "Conservation Plan") prepared
in consultation with NRCS and approved by the Suffolk County Soil and
Water Conservation District. This Conservation Plan shall be developed
using the standards and specifications of the NRCS Field Office
Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the
date of this Easement. However, the Grantor may develop and
implement a conservation plan that proposes a higher level of
conservation and is consistent with the NRCS Field Office Technical
Guide standards and specifications. NRCS shall have the right to enter
upon the Property, with advance notice to the Grantor, in order to
monitor compliance with the Conservation Plan.
In the event of noncompliance with the Conservation Plan, NRCS
shall work with the Grantor to explore methods of compliance and give
the Grantor a reasonable amount of time, not to exceed twelve
months, to take corrective action. If the Grantor does not comply with
the Conservation Plan, NRCS will inform Grantee of the Grantor's
noncompliance. The Grantee shall take all reasonable steps (including
efforts at securing voluntary compliance and, if necessary, appropriate
legal action) to secure compliance with the Conservation Plan following
written notification from NRCS that (a) there is a substantial, ongoing
event or circumstance of non-compliance with the Conservation Plan,
(b) NRCS has worked with the Grantor to correct such noncompliance,
and (c) Grantor has exhausted its appeal rights under applicable NRCS
regulations.
If the NRCS standards and specifications for highly erodible land
are revised after the date of this Easement based on an Act of
Congress, NRCS will work cooperatively with the Grantor to develop
and implement a revised conservation plan. The provisions of this
section apply to the highly erodible land conservation requirements of
the Farm and Ranch Lands Protection Program and are not intended to
]0
affect any other natural resources conservation requirements to which
the Grantor may be or become subject.
3.11 Drainage
The use of the Property for a leaching or sewage disposal field
shall be prohibited. The use of the Property for a drainage basin or
sump shall be prohibited, except in accordance with sound agricultural
management practices and the Conservation Plan and in order to control
flooding or soil erosion on the Property.
3.12 Development Rights
The use of the acreage of this Property for purposes of
calculating lot yield on any other Property shall be prohibited. Grantor
hereby grants to Grantee all existing development rights (and any
further development rights that may be created through a rezoning of
the Property) on the Property, except for the right to use the Property
for agricultural production as set forth in Article Four below and the
right to construct, maintain and replace any pre-existing structures,
and to construct new structures, as such rights may be provided in
Section 4.06, and the parties agree that any other such development
rights shall be terminated and extinguished and may not be used or
transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain
all other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession
of the Property,
4.03 Use
l!
Grantor shall have the right to use the Property in any manner
and for any purpose consistent with and not prohibited by this
Easement, as well as applicable local, State, or federal law. Grantor
shall have the right to use the Property for uses, improvements and
activities permitted by the Town Code, now or in the future, on
agricultural lands protected by a development rights easement or
other instrument, including, but not limited to farmstands and for
educational or training programs related to agricultural production or
activities.
Grantor shall have the right to use the Property for traditional
private recreational uses, provided such recreational uses are
conducted for the personal enjoyment of Grantor, are compatible with
farming, and are otherwise consistent with and do not derogate from
or defeat the Purpose of this Easement or other applicable law. These
uses shall not be offered or provided for the commercial purposes,
including the commercial gain of Grantor or others.
4.04 Landscaping Activities
Grantor shall have the right to continue the current and/or
customary modes of landscaping, pruning and grounds maintenance
on the Property as evidenced by the documentation set forth in
Section 0.05. Grantor shall have the right to remove or restore trees,
shrubs, or other vegetation when dead, diseased, decayed or damaged
or interfering with agricultural production, to thin and prune trees to
maintain or improve the appearance of the Property, and to mow the
Property.
4.05 Aqricultural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is presently referenced in §247 of the General
Municipal Law and/or defined in Chapter 70 of the Town Code, now or
as Chapter 70 may be amended, and including the production of crops,
livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Markets Law, now or as §30:1 (2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in
nature to those crops, livestock and livestock products included as of
the date of this Easement. No future restrictions in said laws and/or
Code or limitation in the definitions set forth in said laws and/or Code
shall preclude a use that is permitted under the current law and/or
Code.
12
Grantor may offer "U-Pick" operations and/or the use of a corn
maze to the general public, provided such activities are conducted in
conjunction with seasonal harvests, do not interfere with agricultural
production and are otherwise consistent with and do not derogate from
or defeat the Purpose of this Easement or other applicable laws.
Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code or any successor chapter, structures
shall be prohibited, except as set forth in §4.06 herein and as
permitted by the Town Code now or in the future on agricultural lands
protected by a development rights easement or other conservation
instrument, including but not limited to farmstands.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to
erect and maintain the following structures and improvements on the
Property, as may be permitted by the Town Code, now or as may be
amended, and subject to the approval of the Town of Southold Land
Preservation Committee, provided the structures are consistent with
and do not derogate from or defeat the Purpose of this Easement or
other applicable laws:
(i)
Underground facilities used to supply utilities solely
for the use and enjoyment of the Property;
(ii)
Construction of new structures, including drainage
improvement structures, provided such structures
are necessary for or accessory to agricultural
production;
(iii)
Renovation, maintenance and repairs of any existing
structures or structures built or permitted pursuant
to this Section 4.06, provided the primary purpose of
the structure remains agricultural;
(iv) Any improvement excluded from the definition of
"structure" in Section 1.02.
Lot coverage of impervious surface areas shall be limited to 10% of
the Property.
]3
B. Conditions. Any allowable improvements shall protect
prime agricultural soils, agricultural production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent
with the purposes intended herein, and construction of any such
improvement shall minimize disturbances to the environment. Grantor
shall employ erosion and sediment control measures to mitigate any
storm water runoff, including but not limited to minimal removal of
vegetation, minimal movement of earth and minimal clearance of
access routes for construction vehicles.
D. Replacement of Tmprovements. In the event of damage
resulting from casualty loss to an extent which renders repair of any
existing improvements or improvements built or permitted pursuant to
this Section 4.06 impractical, erection of a structure of comparable
size, use, and general design to the damaged structure shall be
permitted in kind and within the same general location, subject to the
review and written approval of Grantee, pursuant to applicable
provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction
of any permanent or temporary structures as permitted in Section
4.06 herein and shall file all necessary applications and obtain all
necessary approvals that may be required by this Easement or by the
Town Code, and shall provide documentation as may be required for
such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of
its remaining interest in the Property but only subject to this
Easement. Grantor shall promptly notify Grantee and the United
States Secretary of Agriculture of any conveyance of any interest in
the Property, including the full name and mailing address of any
transferee, and the individual principals thereof, under any such
conveyance. The instrument of any such conveyance shall specifically
set forth that the interest thereby conveyed is subject to this
Easement, without modification or amendment of the terms of this
Easement, and shall incorporate this Easement by reference,
14
specifically setting for the date, office, liber and page of the recording
hereof. The failure of any such instrument to comply with the
provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the
Property. Any such further restrictions shall be consistent with and in
furtherance of the general intent and purpose of this Easement as set
forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges, which may become a
lien on the Property, including any taxes or levies imposed to make
those payments subject, however, to Grantor's right to grieve or
contest such assessment. The failure of Grantor to pay all such taxes,
levies and assessments and other governmental or municipal charges
shall not cause an alienation of any rights or interests acquired herein
by Grantee.
5.02 General Indemnification
Grantee and the United States have no obligations whatsoever,
express or implied, relating to the use, maintenance or operation of
the Property. Grantee's or the United States' exercise of, or failure to
exercise, any right conferred by this Easement shall not be deemed to
be management or control of the activities on the Property. Grantee
shall not be liable to Grantor for injuries or death to persons or
damage to property or any other harm in connection with Grantee's
administration and/or enforcement of this Easement, unless such harm
is due to the negligence of Grantee or its agents, in which case liability
shall be apportioned accordingly.
Grantor shall indemnify and hold harmless Grantee and the
United States of America, their employees, agents and assigns from
any and all liabilities, claims, demands, losses, expenses, damages,
fines, fees, penalties, suits, proceedings, actions and costs of actions,
sanctions asserted by or on behalf of any person or governmental
authority, and other liabilities (whether legal or equitable in nature and
including, without limitation, court costs and reasonable attorneys'
fees and attorneys' fees on appeal) to which Grantee or the United
States may be subject to or incur relating to the Property, which may
arise from, but are not limited to, Grantor's negligent acts or omissions
or Grantor's breach of any representation, warranty, covenant, or
agreements contained in this instrument, or violations of any Federal,
State or local laws, including all Environmental Laws, as defined below.
5.02A Environmental Warranty
"Environmental Law" or "Environmental Laws" means any and all
Federal, State, local or municipal laws, rules, orders, regulations,
statutes, ordinances, codes, guidelines, policies or requirements of any
governmental authority regulating or imposing standards of liability or
standards of conduct (including common law) concerning air, water,
solid waste, hazardous materials, worker and community right-to-
know, hazard communication, noise, radioactive material, resource
protection, subdivision, inland wetlands and watercourses, health
protection and similar environmental health, safety, building and land
use as may now or at any time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel
oil, waste oils, explosives, reactive materials, ignitable materials,
corrosive materials, hazardous chemicals, hazardous wastes,
hazardous substances, extremely hazardous substances, toxic
substances, toxic chemicals, radioactive materials, infectious materials
and any other element, compound, mixture, solution or substance
which may pose a present or potential hazard to human health or the
environment.
Grantor warrants that it is in compliance with and shall remain in
compliance with, all applicable Environmental Laws. Grantor warrants
that there are no notices by any governmental authority of any
violation or alleged violation of, non-compliance or alleged non-
compliance with or any liability under any Environmental Law relating
to the operations or conditions of the Property.
Grantor further warrants that it has no actual knowledge of a release
or threatened release of any Hazardous Materials on, at, beneath or
from the Property, as such substances and wastes are defined by
applicable Federal and State law.
]6
Moreover, Grantor hereby promises to defend and indemnify the
Grantee and hold harmless and indemnify the United States against all
litigation, claims, demands, penalties and damages, including
reasonable attorneys' fees, arising from or connected with the release
or threatened release of any Hazardous Materials on, at, beneath or
from the Property, or arising from or connected with a violation of any
Environmental Laws by Grantor or any other prior owner of the
Property. Grantor's indemnification obligation shall not be affected by
any authorizations provided by Grantee or the United States to
Grantor with respect to the Property or any restoration activities
carried out by Grantee at the Property; provided, however, that
Grantee shall be responsible for any Hazardous Materials contributed
after this date to the Property by Grantee.
5.03 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in
agricultural production for two (2) consecutive years, then Grantor
shall implement a Natural Resources Conservation Plan (the "Plan")
approved by Grantee, including the Land Preservation Committee, to
maintain or restore the Property to the condition in which it existed on
the date of this Easement, as evidenced by the documentation referred
to in Section 0.05, in order to protect the environmental, natural,
scenic, conservation and agricultural values of the Property. In the
event Grantor fails to comply with the provisions of this section after
reasonable written notice is given to Grantor by Grantee, then, in
addition to all other remedies set forth herein, Grantee or its agents
are hereby authorized to enter upon the Property to implement the
Plan, and to recover the costs of such implementation from Grantor, as
provided in Section 5.02 and Section 6.03.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at
reasonable times, upon prior notice to Grantor, and in a manner that
will not interfere with Grantor's quiet use and enjoyment of the
Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld.
Representatives of the United States Department of Agriculture shall
]?
also have the right to enter the Property for monitoring conservation
plan implementation, upon prior notice to Grantor and not more
frequently than annually without Grantor's consent. Grantee shall not
have the right to enter upon the Property for any other purposes,
except as provided in Section 5.03 and 6.03, or to permit access upon
the Property by the public.
6.02 Restoration
In addition to Grantee's remedies under Section 5.03, Grantee
shall have the right to require the Grantor to restore the Property to
the condition required by this Easement and to enforce this right by
any action or proceeding that Grantee may reasonably deem
necessary. However, Grantor shall not be liable for any changes to the
Property resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood, storm, earth movement, wind, weather
or from any prudent action taken by the Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons
or to the Property or crops, livestock or livestock products resulting
from such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at
law for any violation of this Easement may be inadequate. Therefore,
in addition to, and not as a limitation of, any other rights of Grantee
hereunder at law or in equity, in the event any breach, default or
violation of any term, provision, covenant or obligation on Grantor's
part to be observed or performed pursuant to this Easement is not
cured by Grantor within ten (10) days' written notice thereof by
Grantee (which notice requirement is expressly waived by Grantor with
respect to any such breach, default or violation which, in Grantee's
reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the
purposes of this Easement), Grantee shall have the right at Grantor's
sole cost and expense and at Grantee's election:
(i)
To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(~i)
To enter upon the Property and exercise reasonable efforts
to terminate or cure such breach, default or violation
and/or to cause the restoration of that portion of the
Property affected by such breach, default or violation to
the condition that existed prior thereto, or
(iii)
To enforce any term, provision, covenant or obligation in
this Easement or to seek or enforce such other legal
and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the
terms, conditions, covenants, obligations and purposes of
this Easement; provided, however, that any failure, delay
or election to so act by Grantee shall not be deemed to be
a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation
under this Easement.
The cure period in the Section 6.03 may be extended for a
reasonable time by Grantee if such restoration cannot reasonably be
accomplished within 10 days.
Grantor shall pay either directly or by reimbursement to Grantee
and/or to the United States of America, all reasonable attorneys' fees,
court costs and other expenses incurred by Grantee or the United
States of America (herein called "Legal Expenses") in connection with
any proceedings under this Section, as approved by the Court.
Under this Grant of Development Rights Easement, the United
States is granted the right of enforcement in order to protect the
public interest. The Secretary of the United States Department of
Agriculture (the Secretary) or his or her assigns, on behalf of the
United States, may exercise this right of enforcement under any
authority available under State or Federal Law if the Town of Southold
fails to enforce any of the terms of this instrument, as determined in
the sole discretion of the Secretary.
6.04 Notice
All notices required by this Easement must be written. Notices
shall be delivered by hand or by registered or certified mail, return
receipt requested, with sufficient prepaid postage affixed and with
return receipts requested. Mailed notice to Grantor shall be addressed
to Grantor's address as recited herein, or to such other address as
Grantor may designate by notice in accordance with this Section 6.04.
Mailed notice to Grantee shall be addressed to its principal office,
19
recited herein, marked to the attention of the Supervisor and the Town
Attorney, or to such other address as Grantee may designate by notice
in accordance with this Section 6.04.
Where notice is required to the United States of America or to
the NRCS, such notice shall be delivered to U.S. Department of
Agriculture, NRCS, c/o Commodity Credit Corporation, State
Conservationist, The Galleries of Syracuse, 441 South Salina Street,
Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall
be deemed notice to the United States of America.
Notice shall be deemed given and received as of the date of its
manual delivery or three business days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE
STX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or the delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 Extinguishment of Easement/Condemnation
At the mutual request of Grantor and Grantee and the United
States of America, 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 0.03, extinguish or modify this Easement in accordance with
applicable law. The mere cessation of farming on the Property shall
not be construed to be grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken
or condemned by eminent domain, approved in advance by the United
States Department of Agriculture NRCS, by the Grantee or by any
other governmental entity, then this Easement shall terminate with
respect to the Property, or portions thereof so taken or condemned,
and the Property shall not be subject to the limitations and restrictions
of this Easement. ];n such event, the Grantor, its successors or
assigns, shall not be required to pay any penalties, but the value of
the Property shall reflect the limitations of this Easement. Any
condemnation award payable to the Grantor shall be in proportion to
the value attributable to the residual agricultural value of the Property.
];f the condemnation is undertaken by an entity other than the
20
Grantee, then the remaining portion of the condemnation award shall
be payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby, in accordance with Section
7.12 herein.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
This Easement contains the entire understanding between the
parties concerning its subject matter. Any prior agreement between
the parties concerning its subject matter shall be merged into this
Easement and superseded by it.
7.02 Amendment
This Easement may be amended only with the written consent of
Grantee and current Grantor and with the written approval of the
Secretary of the United States Department of Agriculture, and in
accordance with any applicable State and local laws. Any such
amendment shall be consistent with the Town Code and any
regulations promulgated thereunder and with the Purpose of this
Easement, and shall be duly recorded.
This Easement is made with the intention that it shall qualify as
a Conservation Easement in perpetuity under Internal Revenue Code
§170(h). The parties agree to amend the provisions of this Easement
if such amendment shall be necessary, to entitle Grantor to meet the
requirements of §170(h). Any such amendment shall apply
retroactively in the same manner as if such amendment or
amendments had been set forth herein.
7.03 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 and other applicable laws, upon the
adoption of a local law authorizing the alienation of said rights and
interest, 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
2!
the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment. The United States of America shall also consent to any
such alienation.
Tn addition to the limitations set forth above, Grantee shall have
the right, subject to the provisions of Section 6.03 (Enforcement
Rights of Grantee) herein, to transfer all or part of this Easement to
any public agency, or private non-governmental organization, that at
the time of transfer is a "qualified organization" under §170(h) of the
Tnternal Revenue Code, provided that transferee expressly agrees to
assume the responsibility imposed on the Grantee by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner, and the United States Department of Agriculture,
NRCS. if the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public
agency that agrees to assume the responsibilities imposed by this
Easement. The United States Department of Agriculture, NRCS, will be
notified in writing in advance of such transfer. The NRCS State Office
must approve the choice of any new non-governmental organization in
advance of any transfer of this Easement.
7.04 Severability
Any provision of this Easement restricting Grantor's activities,
which is determined to be invalid or unenforceable by a court, shall not
be invalidated. Tnstead, that provision shall be reduced or limited to
whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement that is determined to
be invalid or unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7.05 Governing Law
New York law applicable to deeds to and easements on land
located within the State of New York shall govern this Easement in all
respects, including validity, construction, interpretation, breach,
violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of
this Easement shall be construed in favor of one of the parties because
22
it was drafted by the other party's attorney. No alleged ambiguity in
this Easement shall be construed against the party whose attorney
drafted it. If any provision of this Easement is ambiguous or shall be
subject to two or more interpretations, one of which would render that
provision invalid, then that provision shall be given such interpretation
as would render it valid and consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply in the
construction or interpretation of this Easement, and this Easement
shall be interpreted broadly to effect the purposes of this Easement as
intended by the parties. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantor has
restricted and limited its right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate
its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be
interpreted to grant, to the public, any right to enter upon the
Property, or to use images of the Property. Grantee may use images
of the Property only for non-commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordinq
Grantee shall record this Easement in the land records of the
office of the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
7.1! Proceeds
The grant of this Easement gives rise to a property right,
immediately vested in Grantee and the United States, which, for
purposes of calculating proceeds from a sale or other disposition of the
23
Property as contemplated under Section 6.06 (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 value
of this Easement, calculated as of the date hereof, by the
unencumbered value of the Property, as reflected in an appraisal
obtained by Grantee dated January 6, 2010. The Proportionate Share
is 69.3%. The Proportionate Share shall remain constant (subject to
reasonable adjustment to the extent permissible under Section 170(h)
of the Internal Revenue Code for any improvements which may
hereafter be made on the Property).
If any part or all of this Easement is extinguished pursuant to
Section 6.06, the proportional shares of the Grantee and the United
States of America are 49.8%, and 50.2%, respectively, representing
the proportion each party contributed to the purchase price of the
Easement.
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Grant of Development Rights
Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
MARIA DEMCHAK, Grantor
MICHAEL DEMCHAK, Grantor
ACKNOWLEDGED AND ACCEPTED:
· r
24
Acceptance of Property Interest by the Natural Resources
Conservation Service
The Natural Resources Conservation Service, United States
Department of Agriculture, an agency of the United States
Government, hereby accepts and approves the foregoing Grant of
Development Rights Easement, and the rights conveyed therein, on
~~/Uni~i;tates of America.
~'A~thor~ed Sign a"~' f'~'~h e ~RCS
ASTON F. BOOZER, State Conservationist
STATE OF NEW YORK )
COUNTY OF ~N~IV~>~f'?t~) SS:
On this ~4~'day of )~.~/~'~, in the year 2010 before me, the
undersigned, personally appeared Astor Boozer, personally known to
me or proved to me on the basis of satisfactory evidence to be the
individual.(~' whose name.(~i~(are) sub~.r.~bed to the within
instrumef~and acknowledge~ to me tha~_ h~d/she~ey executed the
same in ~_~her/their capacity(les), and t~t by hi~)/her/their
signature(s) on the instrument, the individual(s), or the person upon
beh.a)f of which ~f~e~individual(s) acted,
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ), SS:
On the ~'~6, day of ~
No. 01ST5089252
County of Madison, State of N.Y.
Commission Expires:
December 8,
in the year 2010 before me, the
undersigned, personally appeared Maria Demchak, personally known to
me or proved to me on the basis of satisfactory evidence to be the
individual (s) whose name (s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity (les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
Signature/office of individual taking acknowledgement
PATRtCIA L. FALLON
Notary Public, State Of New York
No. 01FA4950146
Qualified In Suffolk County
25 Commission Expires April 24, mil
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this ~ day of ~z~. in the year 2010 before me, the
undersigned, personally appeared IVlichael Demchak, personally known
to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS'
PATRICIA L FALLON
Notary Public, State Of New York
No. 01FA4950146
Qualified In Suffolk County
Commission Expires April 24, ~
day
On this of /~--z~j.r~/~,~,,,ye.~..,~lO before me,
the
undersigned, personally appeared ~1, personally known
to me or proved to me on the basis of satisfacto~ evidence to be the
individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
Nota~ Public
PATR~CIA L. FALLON
NO. 01FA49~u''~
Qualified In Su~o[k Co~.
Commission Expires Apr[i z~,
26
_stewar
title insurance company
NEW YORK METRO
800-853-4803
212-922-1593 fax
stewartnewyork.com
SCHEDULE A - DESCRIPTION
Title No.: ST10-07862
(AMENDED 11/29/2010)
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of
Southold, County of Suffolk and State of New York, bounded and described more particularly as
follows:
BEGINNING at a point on the southeasterly side of Oregon Road distant the following four (4) courses
and distances from the corner formed by the intersection of th~ southeasterly side of Oregon Road and
the northerly side of Cox's Lane:
(1)
(2)
(3)
(4)
North 32 degrees 10 minutes 52 seconds East, 222.47 feet to a point;
North 30 degrees 59 minutes 42 seconds East, 569.34 feet to a monument;
North 45 degrees 27 minutes 32 seconds East, 106.75 feet to a monument;
North 45 deglz~s 27 minutes 32 seconds East, 251.67 feet to the true point or place of
beginning;
RUNNING THENCE still along the southeasterly side of Oregon Road North 49 degrees 10 minutes 32
seconds East, 404.49 feet to a monument and land now or formerly of Lieb Vineyard LLC;
THENCE along said land South 60 degrees 32 minutes 14 se~'~onds East, 1889.20 feet to a monument
and land now or formerly of Steven Dubner;
THENCE along said land South 57 degrees 10 minutes 09 seconds West, 452.16 feet to a monument and
land now or formerly of Robert A. Graeb and Phylis A. Graeb;
THENCE along said land and land now or formerly of Michael Demchak and Mafia Demchak (Retained
Parcel "B') South 57 degrees 09 minutes 59 seconds West, 403.23 feet to a point;
THENCE along other land now or formerly of Michael Demchak and Maria Demchak North 60 degrees
35 minutes 58 seconds West, 491.77 feet to a monument and other land now or formerly of Lieb
Vineyard LLC;
THENCE along said land North 61 degrees 07 minutes 28 seconds West, 572.69 feet to other land now
or formerly of Michael Demchak and Maria Demchak (Retained Parcel "A");
THENCE along said land the following two (2) courses and distances:
(1) North 28 degrees 52 minutes 32 seconds East, 334.15 feet;
(2) North 55 degrees 33 minutes 29 seconds West, 562.23 feet to the southeasterly side of
Oregon Road, the point or place of BEGINNING.
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 by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Titic. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgeP/, fraud, undue influence, duress, incompetency, [ncapacity.~ or impersonation;
(ii) failure of any pemon or Entity to have authorized a transfer or conveyance;
(iii)a d~cumant a~ecting ~t~e n~t pmpedy created~ executed~ wltnessed~ sea~ed~ ackn~w~edged~ n~tarized~ ~r de~ivered;
(iv) failure to perform those acts necassa~7 to create a document by electronic means authorized by law
(v) a document executed under a falsified, expired, or otherwise invalid po~r 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) l~e 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 cimumstanca 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 enfomement 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 part 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 part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred
to in that notice.
7. The exemise of the rights of eminent domain if a notice of the exemise, 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.
Countersigned:
Stewari Title Insurance Company
New York, New York
Serial Ne. O-8911-556610
File No.: ST10-07862
I[
COVERED RISKS (Continued)
Title being vested other than as stated in Schedule A or being defective (i) to be timely, or
(a) as a result of the avoidance in ~nole or in part, or from a court order (ii) to impart notice of ;ts existence to a purchaser for value or to a
providing an alternative remedy, of a transfer of all or any pert of the judgment or lion 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 msttar included
vesting Ti§e as sho~ in Schedule A 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 Date of Policy
bankruptcy, state insutvancy, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer in the
(b) because tho instrument of transfer vesting Title as shov~ in Public Records that vests T'rile as shown in Schedule A.
Schedule A censtitutas a preferential transfer under federal The Company w~l also bay the costs, attorneys' fees, and expenses incurred in
bankruptcy, state inselvency, or simita~ creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent
reason of the faitura of its recording in the Pubtic Records provided in the Ceed~ans.
EXCLUSIONS FROM
The following matters are expressly excluded from the coverage of this poliny,
and the Company wirl not pay foss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) A~y isw, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restr~ing, regulating, prohibiting, er
releting to
(i) the ascubancy, 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) envitonmental protection; 4.
or the effect of any violation of these laws, ordinances, or governmental
regulatiens. This Exclusion 1 (a) does not modify or limit the coverage prcvided
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.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assurn~cl, or agreed to by the Insured Claimant;
CONDITIONS
1. DEFINITION OF TERMS
The follo,,~ng 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, bartnership, 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
lew as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, er
next of kin;
(B) successors to an insured by diseeiofion, marger,
consolidation, distribution, or reorganizatian;
(C) succeseors to an Insured by its converalen to another
kind of Entity;,
(D) a grantee of an Insured under a dead delivered
without peyment of actual valuable consideratlen
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 tho named Insured,
(3) if the grantea is wholly-owned by an affiliated
Entity of the named Insured, provided the affiriated
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 wdtten instrument established by the
COVERAGE
(b) not Known to the Company, not recorded in the Publio Rseords at
Date of Pclicy, but Known to the Insured Claimant and not diseiosed
in writing to the Company by the insured C~almant prior to the date
the insured C~aimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or crested subsedcent to Date of Policy (however, this
does not medify or limit the coverage provided under Covered Risk
9 and 10); or
(e) rasu~ng in foss or damage that ~ould not have been sustained if
the Insured Claimant had paid value for the Title.
Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' dghts laws, that the transaction vesting
the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(bi a preferential tran~er for any reason not stated in Covered Risk 9 of
this policy.
Any fian on the 'r;tle for real estate texas or assessments imposed by
governmental autho~ty and created or attaching bstween Date of Policy
and the date of recording of the deed or o~her instrument of transfer in the
Public Records that vests Title as ehow~ in Schedule A.
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 notioe that may ho imputed to an Insured by
reason of the Public Records or any other records that impart
construcitve notice of matters affecting the Title.
(g) "Land": The land desndhod 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 dascribed 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 thst 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 unde~ state statutes at
Date of Policy for the purpose of imparting constrostive notice of
matters ralating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records° shell also include environmental protasticn liens filed
in the records of the clerk of the United Status District Court for
the dist;tct where the Land is located.
{j) "T'~e": The estate or interest described in Schedule A.
(k) 'Unmarketable Title~: Title affected by an alleged or abbaront
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.
Rle NO.: ST10-07862
CONOrTIONS (Continued)
CONTINUA'nON OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy
in favor of an Insured, but only so icng as the Insured retains an
estate or interest in the Land, or holds an obligatJan secured by a
pumhase money Mortgage given by a pumhasar from the Insured, or
.only so long as the Insured shall have liability by reason of warranties
~n any transfer or conveyance of the Titfa. This policy shall not
continue in force in favor of any purchaser from the Insured of either
([) 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 tho Company premptly 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 tho
Insured Claimant to provide prompt notice, tho 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 thst the Insured Claimant furnlah a signed prcof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other rna[~er insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent psasible, the basis of
cstcut~ing the amount of tho foss or damage.
DEFENSE AND PROSECUTION OF AC'tONS
(a) Upon written request by the fosured, And subject to the options
contained in Section 7 of those Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for tho
defense of as 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 tho
right of the Insured to object for reasonable cause) to represent
the Insured as to those stated causes of aot~on. It shall not pa
Ilabfa for and will not pay the fees of any other counsel. Tho
Company will not pay any fees, costs, or expenses incurred by
the Insured in the defense of those causes of action that allege
mattem not insured against by this policy.
(b) The Company shall have the dght, in addition to the options
contained in Section 7 of these Conditions, at its o~ cost, to
institute and prosecute any action or prose6ding or to do any
other act that in its opinion may pa necessary or desirable to
establish the TKle, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any
appropriate Action under the tanms of this policy, whether or not
it shall be liable to the Insured. The exercise of these dghts
shall not be an admission of liabliify or waiver of any provision of
this policy. If the Company exemises its rights under this
subsection, it must do so diligently.
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 daterminaiion by a court of
competent jurisdiction, and it expressly reserves the right, In its
sole discretion, to appeal any advmse judgment or order.
(c)
DUTY OF INSURED CLAIMANT TO COOPERATE
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 appoais, the Insured shall secure to tho
Company the right to so prosecute or provide defense in the
action or proceeding, including the right to use, at its option, tho
name of the Insured for this purpose. Whenever requested by
the Company, the Insured, at the Company's expense, shall
give the Company all reasonable aid (i) Jn sacudng evidence,
(~
obtaining witnesses, prosecuting or defending the action or
proceeding, or Affecting settlement, and (ii) in any other lawfai
act that in the opinion of the Company may PA 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 shell t~rminate, 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 ex~minatian 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 ho designated by the authedzed 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 permisslen, in writing, for any authorized representative of
the Company to examine, inspect, and copy ail of these records
in the custody or sent~el of a third party that reasonably pertain
to the loss or damage. All information designated as
confidential by the Insured Claimant provided to the Company
pursuant to this Section shstl not be disclosed to others unless,
in the reasonable judgment of the Company, fi is necessary in
the administration of the claim. Failure of the Insured Claimant
to submit for examinatian under oath, produce any reasonably
requested information, or grant pen~ission to secure reasonably
necessary information from third parties as required in this
subsection, unless prohibited by law or gevammentai regulation,
shall terminate any liability of tho Company under this paiicy as
to that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF UABIUTY
In case of a claim under this policy, the Company shall have the
following abditidnai 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, ail liability and obligations of the
Company to the insured under this policy, other than to make
the payment reduimd in this subsectlen, shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Pay or Otherwise Set[la With Parties Other Than the Insured
or With the insured Claimant.
(i) To pay or otherwise settle with other partiss 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 C~irnant that were authorizeq by the Company up
to the ~ime of payment and that the Company is obligated
to pay; or
(ii) To bey or othan~iso settle with tho Insured Claimant the
loss or damage provided for under this policy, together
with any costs, attorneys' fees, and expenses incurred by
the ~nsured claimant that were authorized by the Company
up to the time of payment and that the Company is
obligated to pay.
Upon the exemise by the Company of either of tho options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this pelicy for the claimed loss
or damage, other than the payments required to be made, shall
terminate, including any liabllify or obligation to defend,
prosecute, or continue any litigation.
I Parle 3 Serial No.: O-8911-556610 ~
File No.: $T10-07862
CONDITIONS (Continued)
8. DETERMINATION AND EXTENT OF UABILITY
This policy is a contract of indemni[y agaJost astual monetary loss or
aamage sustained or incurred by the insured Claimant who has
suffered loss or damage by reason of mat[ers insured against by this
policy.
(a) The extent of liability of the C;empany for fuss 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 Trtie 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 rigl~ to have the less
or damage determined edber as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' foes, and
expenses incurred in accordance with S6c/[ans 5 and 7 of these
Conditions.
9. LIMITATION OF LIABIETY
(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, ell as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it
shall have fully pedormed its abligettons with raspeet to that
matter and shall not be liable for any loss or damage caused to
the insured.
(b) In the event of any litigation, inctuding litigation by tho
Company or with the Company's consent, the Company shall
have co Iiabilify 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 less or damage to the
Insured for liablirty 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
LIABIMTY
All payments under this policy, except payments made for costs,
attorneys' foes, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11. UA BILIT~ NONCUMULATIVE
The Amount of insurance shall be reduced by any amount tho
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a cha~ge or lien on the Title, and tho
amount so paid shall be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LOSS
When liability and the extent of toas or damage have been definitely
fixed in accordance with these Condittons, the payment shall be
made within 30 days.
v
13. RIGHTS OF RECOVERY UPON PAYMENT OR $c I I LEMENT
(a) Whenever the Company shall have settled and paid a ctaim
under this policy, it shall be subregated and entitled to the rights
of the Insured Claimant in the Title and all other rights and
remediss in respect to the claim that the Insured Clain~ant has
against any poman or property, 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 Claimant
shall execute documents to evidence the transfer to tho
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 tho
Insured Claimant in any transaoti~ or litigation involving these
fights and remedies. If a payment on account of a claim does
not fully cover the loss of the Insured Claimant, the Company
shalt defer the exercise of its dght 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 inderenitias, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
~4. ANBI3~ATION
Either the Company or the Insured may demand that the claim or
controvemy shall be submitted to arbitration pursuant to the Title
insurance Arbib'a~on Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there shait be no joinder
or consctipation with claims or controversies of other persons.
Arbitrable mauers 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
adsing 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. All
arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and
under the Rules shall be binding upon the pantas. Judgment upon
the award rendered by the Arbitrater(s) may ha entered in any court
of competent jurisdiction.
15. MABILITY UMITED TO 'FHIS POMCY; POECY ENTIRE
CON33:IACT
(a) This policy together whh all enderoements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provlaion 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 assurting such c~m 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
pa..t of this polley and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it
does net (i) modify any of the terms and provisions of the policy,
(ii) mpaity any prior endorsement, (iii) extend the Date of Palicy.
or (iv) increase the Amount of insurance.
16. SEVERABIUTY
In the event any provision of this policy, in whcte or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but ali other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
unden~r~ten the risks covered by this policy and determined the
premium charged therefore in relianco 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 sholi apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the T~tle that am adverse to the Insured and to
interpret and enforce the terms of this policy, rn neither case
shall the court or adoYcator apply its conffiats of raw principles to
determine the applicable taw.
(c) Choice of Forum: Any I~gatian or other proceeding brought by
the insured against the Company must be filed only lea state or
federal court within the United Stetas of America or its territories
having appropriate jurisdiction.
~18. NO'I3CES, WHERE SENT
Any notice of cJelm and a~y other notice or statemenl in writing required to
be given to the Company under this policy must be gNen to the Company at
Claims Depadment at 300 East 42~ St, 10=h Floor, New York, NY 100t 7.
File No.: ST10-07862
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE A
File No.: ST10-07862
Amount of $1,733,661.00
Insurance:
Date of December 8, 2010
Policy:
1. Name of Insured:
Town of Southold
Policy No.: O-8911-556610
Premium: $7,194.00
2. The estate or interest in the Land that is insured by this policy is:
Development Rights Easement.
3. Title is vested in:
Town of Southoid by Development Rights Easement from Maria Demchak and Michael Demchak dated
I2/8/2010 to be duly recorded in the Suffolk County Clerk's/Registers Office.
4. The Land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
Section: 84.00 Block: 01.00 Lot:
Section: 84.00 Block: 01.00 Lot:
plo 11
p/o 012.001
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
PART I
File No.: ST10-07862 Policy No.: O-8911-556610
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of:
1. Boundary Agreement as set forth in Liber 9347 Page 155.
2. Survey excentions set forth as follows:
Northerly line - Line of cultivation, grass roadway and edge of vineyard vm-y with record line;
Easterly line - Deer fence and post and wire fence vary with record line; line of cultivation and grass roadway
cross southeasterly part of record line onto premises adjacent southeast;
Most Southerly line - Line of cultivation, grass roadway and edge of vineyard vary with record line;
Southwesterly line - No variations;
Southerly line - Line of cultivation varies with part of record line;
Westerly line - Line of cultivation varies with part of record line;
As shown on survey made by Young & Young, last dated 11/I6/2010 (Job No. 2010-0250).
3. Rights of tenants or parties in possession, if any.
4. Policy will except water and sewer charges not entered and/or water and sewer charges entered subsequent to date of
last acmai reading.
5. AS TO TAX LOT 012.001: Premises under examination is an interior parcel which does not abut on a street or
highway. No easement or right of way for access to and from said premises to a public street or highway is insured.
6. Policy will except the terms and conditions of the Grant of Development Rights Easement made by Michael
Demchak and Maria Demchak and the Town of Southol&
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: ST10-07862 Date of Issue: December 8, 2010
ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-556610
1. The following is added as a Covered Risk:
"11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may
hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. Exclusion Number 5 is deleted, and the following is substituted:
5. Any lien on the Tide for real estate taxes, assessments, water charges or sewer rants imposed by govermnental authority and
created or attaclfing between Date of Pohcy and the date of recording of the deed or other instrament of transfer in the Public
Records that vests Title as Shown in Schedule A.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the tera~s and provisions of
the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of lastmmce. To the extent
a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement
controls. Otherwise, this endorsement is subject to all of the tertm and provisions of the policy and of any prior endorsements.
DATED: December 8, 2010
Countersigned By:
Authorized Office or Agent
STEWART TITLE
INSURANCE COMPANY
Stewart Title Insurance Company
300 East 42nd St., 10th Fl
New York, New York 10017
STANDARD NEW YORK ENDORSEMENT (11/1/08)
FOR USE WII'H ALTA OWNER'S POLICY (6-17-06)
title insurance company
NEW YORK METRO
800-853-4803
212-922-1593 fax
stewer~ewyork.com
SCHEDULE A - DESCRIPTION
Title No.: ST10-07862
(AMENDED 11/29/2010)
ALL that certain plot, piece or parcel of land, situate, lying and being at C~tchogue, in the Town of
Southold, County of Suffolk and State of New York, bounded and described more particularly as
follows:
BEGINNING at a point on the southeasterly side of Oregon Road distant the following four (4) courses
and distances from the comer formed by the intersection of the southeasterly side of Oregon Road and
the northerly side of Cox's Lane:
(i)
(2)
(3)
(4)
North 32 degrees 10 minutes 52 seconds East, 222.47 feet to a point;
North 30 degrees 59 minutes 42 seconds East, 569.34 feet to a monument;
North 45 degrees 27 minutes 32 seconds East, 106.75 feet to a monument;
North 45 degrees 27 minutes 32 seconds East, 251.67 feet to the tree point or place of
becnn~ng;
RUNNING THENCE still along the southeasterly side of Oregon Road North 49 degrees 10 minutes 32
seconds East, 404.49 feet to a monument and land now or formerly of Lieb Vineyard LLC;
THENCE along said land South 60 degrees 32 minutes 14 seconds East, 1889.20 feet to a monument
and land now or formerly of Steven Dubner;
THENCE along said land South 57 degrees i0 minutes 09 seconds West, 452.16 feet to a monument and
land now or formerly of Robert A. Graeb and Phylis A. Graeb;
THENCE along said land and land now or formerly of Michael Demchak and Maria Demchak (Retained
Parcel "B') South 57 degrees 09 minutes 59 seconds West, 403.23 feet to a point;
THENCE along other land now or formerly of Michael Demchak and Maria Demchak North 60 degrees
35 minutes 58 seconds West, 491.77 feet to a monument and other land now or formerly of Lieb
Vineyard LLC;
THENCE along said land North 61 degrees 07 minutes 28 seconds West, 572.69 feet to other land now
or formerly of Michael Demchak and Maria Demchak (Retained Parcel "A");
THENCE along said land the following two (2) courses and distances:
(1)
(2)
North 28 degrees 52 minutes 32 seconds East, 334.15 feet;
North 55 degrees 33 minutes 29 seconds West, 562.23 feet to the southeasterly side of
Oregon Road, the point or place of BEGINNING.
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
malissa, spiro@town.southold.ny,us
Telephone (631) 765-5711
Facsimile (631) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Rd & Youngs Ave)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
To:
From:
Re:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Melissa Spiro, Land Preservation Coordinator
December 10, 2010
DEMCHAK to TOWN OF SOUTHOLD
plo SCTM #1000-84.-t-tt & 12.1
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Pecenic Land Trust, Inc.
The Nature Conservancy
Please be advised that the Town has acquired a development dghts easement on the agricultural 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:
TOTAL PARCELS' ACREAGE:
EASEMENT ACREAGE:
RESERVED AREAS:
ZONING:
FUNDING:
GRANT FUNDING:
MISCELLANEOUS:
14380 Oregon Road & 22869 County Road 48, Cutchogue
parts of 1000-84.-1-11 and 1000-84.-1-12.1
Michael Demchak and Maria Demchak
Wednesday, December 8, 2010
$1,733,660.50 (based on 26.6717 buildable acres @ $65,000/buildable
acre)
33.9890 acres
26.6717 acres
4.6899 acres (ODA) Retained Parcel A
2.6274 acres (ODA) Retained Parcel B
A-C
CPF 2% Land Bank
This project is eligible for an awarded federal grant from USDA-NRCS
in the amount of $870,000.
Planning Board granted sketch plat plan approval for Conservation
Subdivision on 11/15/2010. The Town Board adopted a resolution on
11/30/2010 accepting landowners' petition and granting approval for an
Open Development Area CODA") consisting of 4 residential lots.
CLOSING STATEMENT
MICHAEL DEMCHAK and MARIA DEMCHAK
to TOWN OF SOUTHOLD
Total Development Rights Easement - 26.6717 acres
Total Parcel Acreage - 33.9890 acres
Retained Parcel "A" - 4.6899 acres (open development area "ODA")
Retained Parcel "B" - 2.6274 acres (open development area "ODA")
Premises: 14380 Oregon Road & 22869 County Road 48, Cutchogue
Parts of SCTM #1000-84-1-11 & 12.1
Closing took place on Wednesday, December 8, 2010
at 1:00 p..m., Southold Town Hall Annex
Purchase Price of $1,733,660.50 (based upon 26.6717 buildable acres
$65,000/buildable acrs) disbursed as follows:
Wire Transfer to CITIBANK, N.A. Branch 924
(Asset Preservation, Inc.)
$ 700,000.00
Payable to Young & Young
Check #108153 (t2/812010)
$ 24,300.00
Payable to Surf Co Dept of Environmental Health $
Check #108152 (12/8/2010)
1,000.00
Payable to Peter S. Danowski, Jr., Esq.
Check #108148 (17J8/2010)
$ 15,000.00
Payable to Michael Demchak & Maria Demchak
Check #108149 (12/8/2010)
$ 993,360.60
Expenses of Closing:
Appraisals
Payable to Elinor Brunswick, MAI
Check #104299 (2/2312010)
Payable to Elinor Brunswick, MAI
Check #107500 (11/412010)
$ 4,000.00
$ 1,000.00
Survey
Payable to Young & Young
Check #108144 (11130i2010)
$ 4,500.00
Environmental Report (Phase I ESA)
Payable to Cashin Technical Services Inc.
Check #105694 (6115/2010)
$ 1,100.00
Title Report
Payable to Stewart Title Insurance Company
Check #108151 (12/8/2010)
Title insurance policy $ 7,194.00
Recording easement $ 275.00
Certified easement $ 50.00
$ 7,519.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #108150 (12i8/2010)
$ 100.00
Those present at Closing:
B. Philip Beltz
Lisa Clare Kombrink, Esq.
Michael Demchak
Maria Demchak
Peter S. Danowski, Jr., Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
SoUthold Town Deputy Supervisor
Attorney for Town of Southold
Seller
Seller
Attorney for Sellers
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Asst
Town of Southold, New York - Payment Voucher
Vendor Name Vendor Address
ASSET PRESERVATION, INC.
Vendor Telephone Number
966.394-1031
Vendor Contact
Vendor No.
3643
CITIBANK, N.A. Branch 924
1950 Douglas Blvd, Ste B-7
Roseville, CA 9566q
==========================================================
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
~Wh:~l~g!:i:i:i:i:i:i:i:i:i:i:i:i:i:i:!: :i:i:!:i:i::!i:
Invoice Invoice Invoice Net Purchase Order
Number Date Total Discount Number
Description of Goods or Services
12/8/20t 0 2010-332
WIRE TRANSFER
Asset Preservation, Inc.; FBO: Exchangers
ABA# 321 171 184
Account # 202 985 834
Reference: 73697-D1 - Michael Demchak and Maria Demchak
Payee Certification
The undersigned (Claimant) (Acting on behalf of the above named claimant)
does hereby cerd f7 that the foregoing claim is true and correct, that no part has
been paid, except as therein stated, that the balance therein sta~d is actually
DEMCHAKtoTOWN :::':':': '--'i:El~i8660;2~600~OOi!!!i!ii;!i!iiiiiiiiii
SCTM//1000-84-1-q I & 12.~
26.6717 acres der rights ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Department Certification
I hereby certif7 that the materials above specified have been received by me
in good condition without substitution, the services properly
performed and that the quantities thereof have been verified wi~ the exceptions
due and owing, and that taxes from which the Town is exempt are excluded.
Company Name Date 12/8/2010
Approved by: ~~.~~
Michael & Maria Demchak
or discrepancies noted, and payment is approved.
Signature ~
Title Land Preservation Coordinator Date 12/8/2010
TOWN OF 80UTIIOLD
[
VENDOR 025030 y~UNG"& YOUN~G
FUND & ACCOUNT P.O.#- INVoIcE
H3 .8660.2.600.100 TBR332 120810
12/08/2010 CHECK
DESCRIPTION
.108153
DEMCHAK-26. 6717 ACRES
TOTAL
AMOUNT
24,300.~0
24,300.00
TOWN OF $OUTHOLD
VENDOR 019754 SUFFOLK COUNTY DEPT.OF
FUND & ACCOUNT
P.O.fl INVOICE DESCRIPTION
H3 .8660.2.600.100
TBR332 120810
DEMCHAK-26.6717 ACRES
TOTAL
1,000.00
1,000.00
TOWN OF $oUTHOLD
' VENDOR 004006 PETER S. DANOWSKI JR. ESQ.
FUND & ACCO~INW
H3 .~660.2.600.100 TBR332 120810
12/08/2010 CHECK 108148
P . O. # INVQICE DESCRIPTION
/
~O~T
DEMCH/YK- 26.6~? ~C DEV
RGT
TOTAL
15,000, O0
15,000.00
TOWN OF $OU'II-IOLD
VENDOR 002613 MICHAEL & MARIA ~EMCHAK
FUND & ACCOUNT P . O. #~/INVOICE
H3 .8660.2.600.100
TBR332 120810
i2/08/2010
CHECK 108149
DESCRIPTION AMOUNT
DEMCHAK-26.67 AC DEV RGT 993,360.50
TOTAL 993~360.50
i"
BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
44 Elm Street, Suite 8
HONTINGTON, NEW YORK 11743
(631) 421-2344
FAX (631) 424-9246
E-Mail: Brun swickappraisaicorp~M SN.com
Sanford S. Brunswick
Elinor Brunswick, MAI
State Certified Gcncrai Appraisers
Annand Bnmswick, MAI
1881-1960
February 1, 2010
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Attention: Melissa A. Spiro, Land Preservation Coordinator
Development Rights Easement Acquisition
Demchak Properties
1000'84.1-p/o 11 & p/o 12.001
Cutchogue, New York 11935
INVOICE# 1000-13
Real Estate Appraisal
$4,000
Thank you
DEPT OF L&~ID
TOWN OF $OUTHOLD
~--ENDOR 005409 ELINOR BRUNSWICK, MAI
02/23/2010 CHECK 104299
FLTN-D & ACCOUNT
H3 ,8660.2 ~500,200
P. O. ~ INVOICE
DESCRIPTION
20139 1000-13
APPRAISA~-DEMCMAK PROP
TOTAL
4,000.00
4,000.00
OOOOO~, O.'"
BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
44 Elm Stxeet, Suite 8
HUNTINGTON, NEW YORK 11743
(631 ) 421-2344
FAX (631) 424-9246
E-Mail: elinor~bmnswickappraisal.com
Sanford S. Brunswick
Elinor Brunswick, MAI
State Certified General Appraisers
Annand Bnmswick, MAI
1881-1960
October 13, 2010
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Attention: Melissa A. Spiro, Land Preservation Coordinator
Development Rights Easement Acquisition
Demchak Properties
1000-84,1-p/o 11 & p/o 12.001
Cutchogue, New York 11935
INVOICE//1000-18
Revised Real Estate Appraisal
$1,000
Thank you
PRESERVAT~)N
GL108S 20 TOWN OF SOUTHOLD
View i ** Actual Hi
Vendor.. 005409 ELINOR BRUNSWICK, M
Y=Select
- JE Date Trx. Date Fund Account
............................. Begi
3/11/2008 3/11/2008 H3 .600
5/06/2008
9/09/2008
9/23/2008
12/16/2008
1/20/2009
2/24/2009
2/02/2010
2/23/2010
3/23/2010
8/10/2010
9/07/2010
10/05/2010
11/04/2010
5/06/2008 H3 .600
9/09/2008 H3 .600
9/23/2008 H3 .600
12/16/2008 H3 .600
1/20/2009 H3 .600
2/24/2009 H3 600
2/02/2010 H3 600
2/23/2010 H3 600
3/23/2010 H3 600
8/10/2010 H3 600
9/07/2010 H3 600
10/05/2010 H3 600
11/04/2010 H3 600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
: Trx Date .....
: Trx Amount...
: Description..
: Vendor Code..
: Vendor Name..
: Alt Vnd..
: CHECK ........
: Invoice Code.
: VOUCHER ......
: P.O. Code .... 21566
: Project Code.
: Final Pa~ent F Liquid.
: Type of 1099. N BOX.
: Fixed Asset.. Y
: Date Released 11/04/2010
: Date Cleared. 11/30/2010
: F3=Exit F12=Cancel
:
Disburs Inquir~ by Vendor Name
............. Detail--GL100N ..............
W-11042010-152 Line: 108 Formula: 0 :
Account.. H3 .600 :
Acct Desc ACCOUNTS PAYABLE :
11/04/2010 SDT 11/03/10 :
1,000.00 :
APPRAISAL-DEMCHAKREVISD :
005409 :
ELINOR BRUNSWICK, MAI :
:
107500 SCNB :
1000-18 :
:
:
:
:
:
:
:
:
:
Invoice
Young & Young
400 Ostrander Avenue
Riverhead, New York 11901
November 19, 2010
Project No: 2010-0250.00
Invoice No: 31569
Town of Southold
P.O. Box 1179
Southold, NY 11971
Project 2010-0250.00 Southold, Town of
Professional services rendered from November 15, 2010 through November 19, 2010 in conjunction
with the preparation of an Acquisition Map.
Refer to Purchase Order No. 21570
Fee
Total this Invoice
4,500.00
$4,500.00
DEPT. OF ~
PRESERVATION
Please refer to invoice number on remittance. Invoices are due within 30 days of invoice date. We accept Mastercard or Visa.
GL108S 20 TOWN OF SOUTHOLD
View I ** Actual Hi
Vendor.. 025030 YOUNG & YOUNG
Y=Select
- JE Date Trx. Date Fund Account
............................. Begi
8/26/2003 8/26/2003 DB .600
1/20/2004 1/20/2004 H3 .600
10/19/2004 10/19/2004 H3 .600
2/01/2005 2/01/2005 H3 .600
2/15/2005 2/15/2005 H3 .600
1/02/2008 1/02/2008 H2 .600
1/02/2008 1/02/2008 H2 .600
9/08/2009 9/08/2009 H3 .600
9/08/2009 9/08/2009 H3 .600
9/08/2009 9/08/2009 H2 .600
3/09/2010 3/09/2010 H3 .600
11/30/2010 11/30/2010 H3 .600
F2=Shift Up F3=Exit F10=Prev View
CANNOT FORWARD. END OF FILE
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-11302010-338 Line: 322 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 11/30/2010 SDT 11/29/10 :
: Trx Amount... 4,500.00 :
: Description.. DEMCHAK SURVEY-ACQ MAP :
: Vendor Code.. 025030 :
: Vendor Name.. YOUNG & YOUNG :
: Alt Vnd.. :
: CHECK ........ 108144 SCNB :
: Invoice Code. 31569 :
: VOUCHER ...... :
: P.O. Code .... 21570 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 11/30/2010 :
: Date Cleared. :
: F3=Exit F12=Cancel :
: :
~in T-.ahnMI Beevi~ In~.
May 27, 2010
Project No: CATS.025
Invoice No: 0000078
Melanie Doroski
Town of Southold
Town Hall Annex
PO Box 1179
Southold NY 11971~09§9
Phase I EnvironmentAl Site Assessment for property located at 14380 Oregon Road & 22867 CR 48,
Cutchogue, NY
Professional Services: May 1,2010 through May 2?, 2010
Fee
1,100.00
Total this invoice $1,100.00
MAY
DEPT OF LAND
PRESERVATION
TOWN OF $OUTHOLD
VENDOR 003079 CASEIN TECHNICAL SVCES INC. 06/15/2010 CHECK 105694
FUND & ACCOUNT P.O.# INVOICE i DESCRIPTION AMOUNT
H3 .8660.2.600.100 20145 0000078 PHASE I ESA-DEMCEAK PROP 1,100.00
TOTAL 1,100.00
STEWART TITLE INSURANCIg COMPANY
707 Westchester Avenue, Suite 411, White Pl~l-% New York 10604
Phone: 800-433-4698 or 914-993-9393 Fax: 914-997-1698
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: E~vlromuentai
Waiver of Arbitration
Ready.ti
Adjm~lde Rate Rider
NEW YORK ~TATE TRANSFER/MANSION TAX
MORTGAGE TAX (Mortgagee)
MORTGAGE TAX (Mo~g~gor)
COMMUNITY PRESERVATION FUND
SURVEy INSPECTION
DEPARTMENTAL SEARCHES
STREET REPORT
ESCROW DEPOSIT
ESCROW DEPOSIT FEE
BANKRUPTCY SEARCH
( ) SATISFACTION(~) / ff ~
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AFFIDAVIT(S)
) ASSIGnMeNT(S)
CLOSER CHARGES, IF ANY: FICK-UP FEE
OTHER:
TOWN OF $OUTHOLD
V~NBOR 01~24 STEW.I%RT TITL~ IN~UP~C~ CO.
FUND & ACCOUNT
H3 . 8660 .'2: 6~10. 100
H3 .8660.2.600.100
H3 .8660.2.600.100
P.O.~ INVOICE
TBR332 ~T10~07862A
TBR332 ST10J0~862B
TBR332 ST10-07862C
12/08/2010 CHECK 108151
DESCRIPTION /
DEMCHAK-.TITLE INS POLICY
DEMCHAK - RECORD . EASEMENT
- DEMCHAK- CERT. COPY EASMNT
~6TAL
AMO~T
7,194.00
~275.00
50.00
7,519.00
TOWN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLgN
12/08/2010
CHECK 108150
FUND & ACCOUNT
H3 .8660.2.600.100
P.O.# INVOICE
TBR332 120810
DESCRIPTION AMOUNT
DEMCHAK-TITLE CLSR FEE 100.00
TOTAL 100.00
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
m¢lissa.spiro@t own.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Armex
54375 State Route 25
(comer of Main Rd & Youngs Ave)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOW2~ OF SOUTHOLD
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Peconic Land Trust, Inc.
The Nature Conservancy
From:
Melissa Spiro, Land Preservation Coordinator
Date: December 10, 2010
Re:
DEMCHAK to TOWN OF SOUTHOLD
plo SCTM #1000-84.-1-11 & 12.1
Please be advised that the Town has acquired a development rights easement on the agricultural property listed
below. If you would like additional information regarding the purchase, please feel free to contact me.
LOCATION:
14380 Oregon Road & 22869 County Road 48, Cutchogue
SCTM #:
parts of 1000-84.-1-11 and 1000-84.-1-12.1
PROPERTY OWNERS:
Michael Demchak and Maria Demchak
PURCHASE DATE:
Wednesday, December 8, 2010
PURCHASE PRICE:
$1,733,660.50 (based on 26.6717 buildable acres @ $65,000/buildable
acre)
TOTAL PARCELS'ACREAGE:
33.9890 acres
EASEMENT ACREAGE:
26.6717 acres
RESERVED AREAS:
4.6899 acres (ODA) Retained Parcel A
2.6274 acres (ODA) Retained Parcel B
ZONING: A-C
FUNDING:
CPF 2% Land Bank
GRANT FUNDING:
This project is eligible for an awarded federal grant from USDA-NRCS
in the amount of $870,000.
MISCELLANEOUS:
Planning Board granted sketch plat plan approval for Conservation
Subdivision on 11/15/2010. The Town Board adopted a resolution on
11/30/2010 accepting landowners' petition and granting approval for an
Open Development Area ("ODA") consisting of 4 residential lots.
TB heating presentation
4/20/10 TB hearing
Demchak Property - development rights easement
#1000-84-1-11 and #1000-84-1-12.1
Melissa .....
This hearing is for the Town to purchase a development rights easement for
agricultural purposes. The farm is comprised of 2 separate tax parcels and is
located on the south side of Oregon Road in Cutchogue between Cox Lane and
Bridge Lane.
The Demchaks are repeat development right sellers, 2 years ago they sold the
development rights on their farm to the west of this property to the Town.
The farm contains all prime agricultural soils. Preservation of this farm
completes a block of about 100 acres of preserved farmland along the south side
of Oregon Road. The farm is located within one of the largest blocks of
preserved farmland in Southold, the 100 acre block of preserved farmalnd noted
continues to the north, on the north side of Oregon Road, and to the south, on the
south side of CR 48 and totals over 750 acres..
The negotiated purchase price of $65,000 per acre is in accordance with an
appraisal which was completed for the property. The purchase will be funded
with Community Preservation Funds. We've applied for a grant from the
United States Department of Agriculture -Natural Resources Conservation
Service, and we await notice as to whether or not we will receive grant funds
toward this purchase. If we do, and if the project meets all of the eligibility
requirements, the Town will receive a re-imbursement for approximately 50% of
the purchase price.
The landowner is reserving from the easement an area of approximately 8 acres,
located partially on Oregon Road, and partially on the south side of the property.
The landowner intends to go before the Planning Board for a Conservation
Subdivision to create 4 residential lots with in the Reserve Area, one of which
will include the existing residential dwelling.
The Land Preservation Committee members and I all support this purchase and
thank the landowners for giving us the opportunity to preserve the farm for
agricultural purposes. We recommend that the Town Board proceed with
acquiring the easement.
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT iNFORMATION (To be completed by A~3plicant or ProJect sponsor)
12. PROJECT NAME
1. APPLICANT/SPONSO~~:3~.~I~.~ t ~/1~/ t'~C.~,~ '~2,¢.~11r~
3. PROJECT LOCATION:
Municipality ~ ~- ~ "--~'~ ~,~ ~J County ~-'~= I¢ O ~- ~.
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
5. PROPOSEDACTION IS:
[] New [] Expansion [] Modification/alteration
$. O_ESCRIBE PROJECT BRIEFLY'
7. AMOUNT.. OF ~ND AF~ ECTED'. ~.
Imhally ~,[ -- acres Ultimately ~,~ acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] No If No, descdbe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[~Residential [] Industrial ~ommercial
Describe:
~gdculture [] Park/Forest/Open Space [] Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes U No If Yes, list agency(s~_name and permit/approvals:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [ I Yes [~No If Yes, list agency(s) name and permit/approvals:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERM[T/APPROVAL REQUIRE MODIFICATION?
I CERTIFY TDAT THE INFORMATION PROVI~ED~BOVE IS TI?~UE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: /~'"""--~,./ ~,..~ ~u"J~i/,f ..'/'M~/;[$.4. ~,'~O Date:
Si~t~ ~ _
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Fo~ before proceeding with this assessment
OVER
PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
I-lYes []No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTtONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED VVITH THE FOLLOWING: (Answers may be handwritten, if legible)
Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste product[on or disposal
potential for erosion, drainage or flooding problems? Explain bdefiy:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
C§. Growth, subsequent development, or related activities likely to be induced by tho proposed action? Explain briefly:
C6. Long term, shod term, c~mulafive, or other effects not identified in Cl-Gfi? Explain briefly:
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefiy:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL 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 ~'qo If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, tf 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.
] ~heckthisb~xify~uhaveidenti~ed~ne~rm~rep~~entia~~yIarge~rsignlflcantadverseimpactswhichMAY~ccur~ ThenproceeddirectlytotheFULI
EAF and/or prepare a positive declaration,
~ Check this boxif you have determined, based on the information and analysis above and any supporting documentation.that the proposed acfion W1LI
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatior
Name of Lead Agency
Print or Ty~~
Signatute-'~f Responsible Officer in Lead Agency
Date
Title of Responsible Officer
Si.~d'atur~ of Preparo~' (~erent ~rom resflon$ible officer)
#9712
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
15th day of April, 2010.
Sworn to before me this
Principal Clerk
2010.
LEGAL NOTIC1E~
NOT~CE OF PUBLIC tIE~I~IG
NOTICE I$ HEREBY GIVEN that
pursuant to the provisions of Chapter
17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the
Town Code, the Town Board of the Town
of Southold hereby 8gt~ ~esdav. Aoril 2~,
C~et$TINA VOLiNSKI
;31AC,. ,,~ C.$TATE OF NEW yoRK
:O 01.V~bi05050
, ~:o ~l~ t m Suitolk county
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
From: Mark Terry, Principal Planner ~
LWRP Coordinator
Date: April 9, 2010
Re:
Purchase of a development rights easement on property owned by Maria and
Michael Demchak.
Location: 14380 Oregon Road and 22867 County Road 48
SCTM# 1000-84-1-11 and #1000-84-1-12.1
The proposed acquisition is for a development rights easement on a part of the
combined properties consisting of approximately 24.6+ acres (subject to survey) of the
33+- total acres.
The action has been reviewed to Chapter 268, Waterfront Consistency Review 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 the 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.
Cc:
Martin Finnegan, Town Attorney
Melissa Spiro, Land Preservation Coordinator
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor)
1, APPLICANT/SPONSOR 12. PROJECT NAME
3. PROJECT LOCATION:
Municipality ~ ~ 1~ "--'~W~J County ~--~U~: ~ O ~- W,
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY'
) 7. AMOUNT OF ~ND AFfECTeD; % ~ ~
Initial~ ~Mi[ ~ a~s Ultimate~ 2 a~s
8. ~LL PROPPED ACTION COMPLY ~TH ~ ST NG ZON NG OR OTHER EXISTING ~ND USE RESTRICTIONS? ~ No If NO, des~ibe b~efly
~Re~dentia, ~ Industrial ~ommer.al ~gH~l~m 0 Pa~FomsFO~n S~ 0 ~her
~S~:
10. ~ES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTI~TELY FROM ANY OTHER GOVERNME~AL AGENCY
(FEDE~L. STATE OR L~AL)?
~ Yes ~ U No If Y~, list agen~(~name and ~appro~ls:
DOES ANY ASPECT OF THE ACTION ~ A CURRE~LY VALID PERM~ OR APPROVAL?
~ Y~ ~No If Yes, list agent(s) name and ~iFappmvals:
12. AS A RESULT OF PROPOSED ACTION ~LL ~ISTING PERMIT/APPROVAL REQUIRE MODIFI~TION? DYes ~No
I CERTIFY T_J:~T THE INFORMATION PROVIOED ABOVE IS TF[UE TO THE BEST OF MY KNOWLEDGE '~' /
If the action is in the Coastal Area and you are a state agency, complete the
Coasta 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 IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF.
[~Yes F~No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
[~Yes [~)No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pettem, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or tsuna, lish, shellfish or wildli~ species, si§niti~nt habitats, or thmaten~l or endangered species? Explain briefly:
CM.. A communiys ~istino p~ans or ~oals as offioiall¥ adopted, or a ch~n~e in use or inten$~ o[ uso o~ land or other natural ~e~oureos? Explain
C6. GraPh, subsequent development, or mlet~l a~vifies ~ikely to b~ leduced by the proposuri action? Explain briefly:
CO. Lon~ term, short term, cumulative, or other e~ects not identified in C~-C§7 Explain hrie~:
C7. Other impacts {including changes in u,~ o~ either quantity or type o! enemy)? Explein briefly:
WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL 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 [~l~No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or other,vise significant. Each
effect should be assessed in connection with its (a) setting (i,e. urban or rural); (b) probability of occurring; (c) duration; (d) in*eversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked
yes, the determination of significance must evaluate the potentialimpact of the preposed action on the environmental characteristics of the CEA.
] Chec~thisb~xify~uhaveidenti~ed~ne~rm~rep~tentia~y~arge~rsigni~cantadverseimpactswhIchMAY~ccur~ ThenproceeddimctlytotheFULL
FAF and/or prepare a positive declaration.
,~ Check this box if you have detsrmined, based on the leformation and analysis above and any supporting d°cumentation, that the pr°p°sed acti°n WILL
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~7, the reasons supporting this determination
Name of Lead Agency
Date
Title of Responsible Officer
Si{~'~ fur~ of Preparer (I/'(~3erent fi.om responsible office )
38A I APRJLIS, 2010
LEGAL NOTICES
SUFFOLKTIMES.COM
LEGAL NO'llC E
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
pursuant to the provisions of Chapter
17 (Community Preservation Fund) and
Chapter 10 (~griculturai Lands) of the
Town Code. the Town Board of the Town
of Southold hereby sets Tuesdav~April ~
2010, at 7'.35 ri.m- Southold Town 14q%
5*,095 Main Road, Southold~ New Ynrk~
as the time and niece for a public hearing
for the purchase ora ~levelopment riehts
~ichael Demehak~Said property il
fled as part of SC'TM g1000-84-l-
11 and #1000-84 I - 12,1 The addresses are
14380 Oregon Road and 22867 County
Road 48, respectively. The adjacent
properties are located in the ALC zoaing
district and are at the southerly side of
Oregon Road, approximately 725 feet
east from the intersection of Cox Lane
and Oregon Road in Cutcbogue. New
York. The proposed acquisition is for a
of the combined properties consisting
of approximately 24.6± acres (subject to
survey) of thc 33± total acres.
The exact area of the acquisition is
subject to a Town-provided survey ac-
ceptable to the Land Preservation Com-
mittee and the property owner~ The
easement will be acquired using Com-
may become eligible for partial funding
/Yom a grant proposal submitted to the
United States Department of Agricul-
lure Natural Resources Conservation
Service (USDA-NRCS). The purchase
price is $65D00 (sixty-five thousand dol-
lars) per buildable acre for the 24.6+
acre easement plus acquisition costs.
Wac properties are listed on theTown's
Community Preservation Project Plan as
properties that should be preserved due
to their agricuhurat value.
FURTHER NOTICE is hereby
given that a more detailed descriptioi~
Legal Notice was published in the Suffolk Times newspaper on
Thursday, April 15, 2010.
Elizabeth A. Neville
Southold Town Clerk
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) of the Town Code,
the Town Board of the Town of Southold hereby sets Tuesda¥~ April 20~ 2010~ at 7:35
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 Maria and Michael Demchak. Said property is identified as part of
SCTM #1000-84-1-11 and #1000-84-1-12.1 The addresses are 14380 Oregon Road and
22867 County Road 48, respectively. The adjacent properties are located in the A-C
zoning district and are at the southerly side of Oregon Road, approximately 725 feet east
from the intersection of Cox Lane and Oregon Road in Cutchogue, New York. The
proposed acquisition is for a development rights easement on a part of the combined
properties consisting of approximately 24.6± acres (subject to survey) of the 33± total
acres.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owners. The easement will be acquired
using Community Preservation Funds. This project may become eligible for partial
funding from a grant proposal submitted to the United States Department of Agriculture -
Natural Resources Conservation Service (USDA~NRCS). The purchase price is $65,000
(sixty-five thousand dollars) per buildable acre for the 24.6± acre easement plus
acquisition costs.
The properties are listed on the Town's Community Preservation Project Plan as
properties that should be preserved due to their agricultural value.
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: April 6, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON April 15, 2010 AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Land Preservation
Town Board Members
Comptroller
Town Attorney
Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
dulyswom, says that on the c~r~- dayof/qta, t/r_._,2010, she affixed a notice of
which the annexed printed notice is a tree copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: Demchak Dev. Rights
(~lizabeth A. Neville
outhold Town Clerk
Sworn before me this
~ dayof ~ ,2010.
Not~ Public !
UNDA J COOPER
NOTARY PUBLIC, State of New York
NO, 01004822563, Suffolk Cou/~/
Term Expires Decembor 01, 20 tt~
RESOLUTION 2010-287
ADOPTED
DOC ID: 5822
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-287 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 6, 2010:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesda¥~ April 20~ 2010~ at 7:35 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 Maria and Michael Demchak. Said
property is identified as part of SCTM #1000-84-1-11 and #1000-84-1-12.1 The addresses are
14380 Oregon Road and 22867 County Road 48, respectively. The adjacent properties are
located in the A-C zoning district and are at the southerly side of Oregon Road, approximately
725 feet east from the intersection of Cox Lane and Oregon Road in Cutchogue, New York. The
proposed acquisition is for a development rights easement on a part of the combined properties
consisting of approximately 24.6± acres (subject to survey) of the 33± total acres.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owners. The easement will be acquired using
Community Preservation Funds. This project may become eligible for partial funding from a
grant proposal submitted to the United States Department of Agriculture - Natural Resources
Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand
dollars) per buildable acre for the 24.6± acre easement plus acquisition costs.
The properties are listed on the Town's Community Preservation Project Plan as properties that
should be preserved due to their agricultural value.
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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, 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
(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
RECEtV~D
To:
From:
Date:
Re:
Southold Town Clerk
Land Preservation Department
December 28, 2010
DEMCHAK Open Development Area (ODA}
Part of SCTM #1000-84-1-11 & 12.1
In compliance with Town Code Section 240-28(C) and the Town Board's adoption of
Resolution No. 2010-944 on November 30, 2010, regarding the approval of an Open
Development Area (ODA) for Michael & Maria Demchak, I am submitting a copy of the
recorded Grant of Development Rights Easement dated December 8, 2010, between Maria
Demchak and Michael Demchak, and the Town of Southold, as recorded in the Office of the
Suffolk County Clerk on December 23, 2010, in Liber D00012646, at page 798.
/md
enc.
CC:
Peter S. Danowski, }r., Esq. w/enc.
Michael & Maria Demchak w/enc.
Planning Board w/enc.
CC ft: C10-46405
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the odginal
EASEMENT
recorded in my office on12/2312010 underLiber D00012646 andPage 798 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 12/2312010
SUFFOLK COUNTY CLERK
JUDITH A. PASCALE
SEAL
PRESERVATION
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~pe of Instrument: EASEMENT
N~m~er of Pages: 29
Receipt N~m~er : 10-0148160
TRANSFER TAX NUMBER: 10-10870
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
084.00 01.00
EX~MINED AND CHARGED AS FOLLOWS
$1,733,660.50
12/23/2010
11:50:16 AM
D00012646
798
Lo t:
011.002
Received the Following Fees For Above Instrument
Exempt
Page/Filing $145.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $18.85 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
T~ANSFER TAX NUMBER:
10-10870
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$50.00 NO
$0.00 NO
$258.85
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Page / Filing Fee
EA-~ 17 (County)
E(-5217 (State)k)
R .P.T.S .A
~S Surch~ge
Other
20. 00
4 [ Dist.
Real Property
Tax Service
Agoncy
Vefffication
Deed / Mortgage Tax Stamp
.FEES
RECORDED
2010 Dec 23 11:50:16 ~E
CLERK OF
SUFFOLK CoUnTY
L 500012646
P 798
bT#
Sub Total
5. O0
SubTotal (-~ --, / 't~C~ ~.~'
15. 00
1000 08400 0100 011002
1000 08400 0100 012004
I
Reco/ding/,Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
O1'
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County
Held for Appointme~:r---
Transfer Tax ~')
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page,
I
CPF Tax Due $
latisfa~tions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
PmO, Bo~ 117q
Improved
TD
Mail to: Judith A. Pascale, Suffolk County Clerk/ 71 Title Company Information
310 C-emer Drivev-Riverhead, NY_ !!9p_1 t. Co' Nam~ J-rt~,,~-* "F~ rv.~ '
www. suffolkcountyny, gov/clerk / Title # ,,~T/t9 - O'¢a°&~2
Suffolk Recordin & Endorsement page
This page forms part of the attached
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUt'e'OLK COUNTY, NEW YORK.
made by:
GRANT OF DEVELOPMENT RIGHTS EASEMENT
~T~IIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the 5TM day of December, 2010 at Southold, New York. The parties
are MARIA DEMCHAK and MICHAEL DEMCHAK, 3206 Carnoustie Court,
Riverhead, New York iig0i (herein collectively called 'Grantor"), and
the TOWN OF SOUTHOLD, a municipal corporation, having its principal
office at 53095 Main Road, P.O. Box iiTg, Southold, New York ii97i
(herein called "Grantee") and the United States of America ('United
States") by and through the United States Department of Agriculture
("USDA") Natural Resources Conservation Service ('N ,P, CS") acting on
behalf of the Commodity Credit Corporation, as its interest appears
herein.
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real
property located in the Town of Southold, Suffolk CountY, New York,
identified as part of SCTM #1000-84-1-11 and part of SCTM #1000-
84-1-12.1, more fully-described in SCHEDULE "A" attached hereto and
made a part hereof and hereinafter referred to as the "Property" and
shown on the survey prepared by Young & Young, dated November 16,
2010 (a reduced copy of which is attached hereto and made a part
hereof and hereinafter referred to as the "Survey"); and
WHEREAS, the Property is located in the A-C Zoning District of
the Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and
Class I! worthy of conservation as identified by the United States
Department of Agriculture, Natural Resources Conservation Service's
(formerly the Soil Conservation Service) Soil Survey of Suffolk CountY,
New York; and
WHEREAS, The Federal Farm and Ranch Lands Protection
Program's purpose is to assist in the purchase of cOnservation
easements on land with prime, unique, or other productive soil for the
purpose of protecting topsoil from conversion to nonagricultural uses
(16 U.S.C. 3838h and 3838!). Under the authoritY of the Farm and
Ranch Lands Protection Program, the United States Department of
Agriculture Natural Resources Conservation Service (hereinafter the
"United States" or 'NRCS") acting on behalf of the Commodity Credit
Corporation, has provided EIGHT HUNDRED SEVENTY
THOUSAND AND 00/100 DOLLARS ($870,000.00) to the Grantee for
the acquisition of this Easement, entitling the United States to the
rights identified herein.
WHEREAS, the Property is part of the New York State
Agricultural District #1, and the Grantor wishes to continue using the
Property for agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used as sod crop in rotation
with other specialty crops; and
WHEREAS, it is the policy of the Town of Southold (the "Town"),
as articulated in the Town's I~laster Plan of :L973, amended in 1986 and
1989 as adopted by the Town Board, Town of Southold, and §272-a of
the New York State Town Law ("Town Law") to protect environmentally
sensitive areas, preserve prime agricultural soils, to protect the scenic,
open space character of the Town and to protect the Town's resort and
agricultural economy; and
WHEREAS, the Property in its present scenic and agricultural
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any development;
and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor
and Grantee have, in common, the purpose and objective of protecting
and conserving the present state and inherent, tangible and intangible
values of the Property as an aesthetic, natural, scenic and agricultural
resource; and
WHEREAS, Grantee has determined it to be desirable and
beneficial and has requested Grantor, for itself and its successors and
assigns, to grant a Development Rights Easement to Grantee in order
to restrict the further development of the Property while permitting
compatible uses thereof;
NOW THEREFORE, in consideration of ONE NILL[ON SEVEN
HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED SIXTY AND
50/100 DOLLARS ($1,733,660.50) and other good and valuable
consideration paid to the Grantor, the receipt of which is hereby
acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and convey to the Grantee a Development Rights Easement, in gross,
2
which shall be binding upon and shall restrict the premises shown and
designated as the Property herein, more particularly bounded and
described on Schedule "A" annexed hereto and made a part of this
instrument.
TO HAVEAND TO HOLD said Development Rights Easement and
the rights and interests in connection with it and as hereinafter set
forth with respect to the Property unto the Grantee, its successors and
assigns forever, reserving, however, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the
exclusive right of occupancy and of use of the Property, subject to the
limitations, conditions, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
' The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees
as follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is
the owner of the Property described in Schedule "A", free of any
mortgages or liens, as set forth in Stewart Title Insurance Company
Title Report No. ST10-07862 and possesses the right to grant this
easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal.corporation organized and existing under the laws of the
State of New York State and is authorized under §64 of Town Law and
§247 of the New York State General Municipal Law ("General Municipal
Law") to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic,
conservation and agricultural values of the Property and have the
common purpose of preserving these values by limiting nonagricultural
uses of the Property. This instrument is intended to convey a
Development Rights Easement on the Property by Granto? to Grantee,
exclusively for the purpose of preserving its character in perpetuity for
its environmental, scenic, agricultural, conservation and natural values
bY preventing the use or development of the Property for any purpose
or in any manner contrary to the provisions hereof, in furtherance of
federal, New York State and local conservation policies.
0.04 Governmental Recoqnition
New York State has recognized the importance of private efforts
to preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law
§247. Similar recognition by the federal government includes §170(h)
of the :Internal Revenue Code ("IRC") and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purPoses of this Easement. In order to aid in identifying and
documenting the present condition of the Property's natural, scenic,
conservation, agricultural, and aesthetic resources and otherwise to
aid in identifying and documenting the Property's agricultural values as
of the date hereof, to assist Grantor and Grantee with monitoring the
uses and activities on the Property'and ensuring compliance with the
terms hereof, Grantee has prepared, with Grantor's cooperation, an
inventory of the Property's relevant features and conditions (the
'Baseline Documentation"). This Baseline Documentation includes, but
need not be limited to, a survey dated November 16, 2010 prepared
by Young & Young, and a Phase I Environmental Site Assessment
dated May 26, 2010 by Cashin Associates, P.C.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the
Grantor's uses of the Property or its physical condition as of the date
hereof, the parties shall not be foreclosed from utilizing any other
relevant or material documents, surveys, reports, photographs or
other evidence to assist in the resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual
promises, undertakings, and forbearances contained in this
Development Rights Easement, the parties agree upon its provisions,
intending to be bound by it.
ARTICLE ONE
THE EASENENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall
include any and all of those limitations, covenants, use restrictions,
rights, terms and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest
and right to prohibit or restrict the use of the Property for uses or
purposes consistent with the terms of this Easement, including
agd.cultural production as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code of the Town of Southold (the "Town Code" or "Code") now or as
......... Chapter-70-ma¥-beamended and !nc!'ud!ng thet~r~u~on of crops,
livestock and livestock products as defined in §301(2)(a)-(j) of the
New York State Agriculture and Markets Law ("Agriculture and Markets
Law"), now or as §301(2)(a)-(j) may be amended, provided said
amended provisions are inherently similar in nature to those crops,
livestock and livestock products included as of the date of this
Easement. No future restrictions in said laws and/or Code or limitation
in the definitions set forth in said laws and/or Code shall preclude a
use that is permitted under the current law and/or Code.
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
"Riding Academy" shall mean a business use of a lot for any of
the following purposes: the letting of horses for hire to individuals or
groups whether supervised or unsupervised, horseback riding
instruction or the holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or
under the ground or upon another structure or building, including
walkways. Structures shall not include trellis, posts and wiring, farm
irrigation systems, nursery mats, or fencing necessary for agricultural
operations or to mark the boundaries .of the Property, including
without limitation fencing to keep out predator animals, including deer,
Approvals for those items listed in the preceding sentence shall be as
required by applicable provisions of the Town Code,
1.03 Duration
This Easement shall be a burden upon and run with the Property
in perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal
interest in the Property, and shall extend to and be binding upon
Grantor, Grantor's agents, tenants, occupants, heirs, personal
representatives, successors and assigns, and all other individuals and
entities and provides Grantee with the right to administer, manage
and enforce the Easement as provided herein. The word "Grantor"
when used herein shall include all of those persons or entities. Any
rights, obligations, and interests herein granted to Grantor and/or
Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "Grantor
and/or Grantee" when used herein shall include all of those persons or
entities.
ARTICLE TVVO
SALE
GRANTOR, for ONE MILLION SEVEN HUNDRED THIRTY-THREE
THOUSAND SIX HUNDRED SIXTY AND 50/100 DOLLARS
($1,733,660.50) good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity,
together with all rights to enforce it. Grantee hereby accepts this
Easement in perpetuity, and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
6
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or Within the
Property:
3.01 Structures
No structures may be erected or constructed on the Property
except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and 1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be
necessary to construct and maintain permitted structures and
improvements on the Property or in connection with necessary
drain.age or soil conservation programs, shall be prohibited, 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 purposes of erosion control and soil management, or
in connection with normal agricultural/horticultural activities, without
the prior written consent of Grantee.
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or § 335
of the Real Property Law, as they may be amended, or any other
applicable State or local law. "Subdivision" shall include the division of
the portion of the Property from which the development rights are
acquired into two or more parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the
Town of Southold and as otherwise required by applicable law,
subdivide the property or reconfigure lot lines, prOvided that all
resulting parcels contain at least 10 acres of preserved agricultural
land subject to a development rights easement or other conservation
instrument.
Notwithstanding this Section 3.03, upon the death of Grantor,
the underlying fee interest may be divided by conveyance of parts
thereof to Grantor's executor, trustee, heirs or next of kin by will or
operation of law. The United States Secretary of Agriculture shall be
notified prior to such division or conveyance.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or
chemical waste on the Property shall be prohibited. This prohibition
shall exclude materials used in the normal course of sound agricultural
practices on the Property, including fertilization, c0mposting and crop
removal.
3.05 siqns
The display of signs, billboards, or advertisements shall be
prohibited, except signs whose placement, number, and design do not
significantly diminish the scenic character of the Property and only for
any of the following purposes: (a) to state the name of the Property
and the names and addresses of the occupants and the character of
the business conducted thereon, (b) to temporarily advertise the
Property or any portion thereof for sale or rent, (c) to post the
Property to control unauthorized entry or use, or (d) with the consent
of the Grantor, to announce Grantee's easement. Signs are subject to
regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines,
utility poles, wires, pipes, wellsor drainage systems ("utilities")on the
Property to service structures approved pursuant to Section 4.06 shall
be prohibited without the prior written consent of the Grantee.
Underground utilities must, to the extent possible, be constructed
within 30 feet of the centerline of any roads or driveways, and may be
used solely to service the permitted structures on the Property. The
Property may not be used for the creation or placement of utilities to
service any other properties.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use
of the Property or structures on it for any residential, commercial or
industrial uses, permanent or temporary, including but not limited to a
riding academy, shall be prohibited. For the purposes of this section,
agricultural production, as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code, now or as Chapter 70 may be amended, and including the
production of crops, livestock and livestock products as defined in
§301(2)(a)-(j) of the Agriculture and Markets Law, now or as said
§301 (2)(a)~(j) may be amended, provided said amended provisions
are inherently similar in nature to those crops, livestock and livestock
products included as of the 'date of this Easement, and shall not be
considered a commercial use.
Uses, improvements and activities permitted by the Town Code
now or in the future on agricultural lands protected by a development
fights easement or other instrument, including but not limited to
farmstands, shall not be considered a commercial use. No
improvements, uses or activities inconsistent with current or future
agricultural production shall be permitted on the Property. Under no
circumstances shall athletic fields, golf courses or ranges, commercial
airstrips and helicopter pads, motorcross biking, or any other
improvements or activity inconsistent with current or future
agricultural production be permitted on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil
degradation or erosion or pollution of any surface or subsurface waters
shall be prohibited. This prohibition shall not be construed as
extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices of the NRCS.
3.09 Conservation Plan
All agricultural operations on the Property shall be conducted in
a manner consistent with a resource management system (RMS)
Conservation Plan (the "Conservation Plan") prepared by the NRCS
utilizing the standards and specifications of the NRCS Field Office
Technical Guide, 7 CFR Part 12 and approved by the Suffolk County
Soil and Water Conservation District. All lands enrolled in the Farm
and Ranch Lands Protection Program will be subject to the
Conservation Plan. The resource management system for cropland,
prescribed in the Conservation Plan for all cropland enrolled in FRPP
will assure that selected conservation practice alternatives will prevent
sheet and rill erosion from exceeding the current published soil loss
tolerance level.
Grantor shall give Grantee copies of the Conservation Plan upon
request and advise Grantee of amendments thereto so as to enable
Grantee to keep its records current.
3.10 Conservation Compliance Provisions of the Conservation Plan
As required by Section 12381 of the Food Security Act of 1985,
as amended, the Grantor, its heirs, successors, or assigns, shall
conduct all agricultural operations on the Property in a manner
consistent with a conservation plan (the "Conservation Plan") prepared
in consultation with NRCS and approved by the Suffolk County Soil and
Water Conservation District. This Conservation Plan shall be developed
using the standards and specifications of the NRCS Field Office
Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the
date of this Easement. However, the Grantor may devel,op and
implement a conservation plan that proposes a higher level of
conservation and is consistent with the NRCS Field Office Technic'al
Guide standards and specifications. NRCS shall have the right to enter
upon the Property, with advance notice to the Grantor, in order to
monitor compliance with the Conservation Plan.
In the event of noncompliance with the Conservation Plan, NRCS
shall work with the Grantor to explore methods of compliance and give
the Grantor a reasonable amount of time, not to exceed twelve
months, to take corrective action. If the Grantor does not comply with
the Conservation Plan, NRCS will inform Grantee of the Grantor's
noncompliance. The Grantee shall take all reasonable steps (including
efforts at securing voluntary compliance and, if necessary, appropriate
legal action) to secure compliance with the Conservation Plan following
written notification from NRCS that (a) there is a substantial, ongoing
event or circumstance of non-compliance with the Conservation Plan,
(b) NRCS has worked with the Grantor to correct such noncompliance,
and (c) Grantor has exhausted its appeal rights under applicable NRCS
regulations.
i'f the NRCS standards and specifications for highly erodible land
are revised after the date of this Easement based on an Act of
Congress, NRCS will work cooperatively with the Grantor to develop
and implement a revised conservation plan. The provisions of this
section apply to the highly erodible land conservation requirements of
the Farm and Ranch Lands Protection Program and are not intended to
l0
affect any other natural resources conservation requirements to which
the Grantor may be or become subject.
3.11 Drainage
The use of the Property for a leaching or sewage disposal field
shall be prohibited. The use of the Property for a drainage basin or
sump shall be prohibited, except in accordance with sound agricultural
management practices and the Conservation Plan and in order to control
flooding or soil erosion on the Property.
3.12 Development Rights
The use of the acreage of this Property for purposes of
calculating lot yield on any other Property shall be prohibited. Grantor
hereby grants to Grantee all existing development rights (and any
further development rights that may be created through a rezoning of
the Property) on the Property, except for the right to use the Property
for agricultural Production as set forth in Article Four below and the
right to construct, maintain and replace any pre-existing structures,
and to construct neTM structures, as such rights may be provided in
Section 4.06, and the parties agree that any other such development
rights shall be terminated and extinguished and may not be used or
transferred to .any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain
all other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession
of the Property. .
4.03 Use
]1
Grantor shall have the right to use the Property in any manner
and ~or any purpose consistent with and not prohibited by this
Easement, as well as applicable local, State, or federal law. Grant,or
shall have the right to use the Property for uses, improvements and
activities permitted by the Town Code, now or in the future, on
agricultural lands protected by a development rights easement or
other instrument, including, but not limited to farmstands and for
educational or training programs related to agricultural production or
activities.
Grantor shall have the right to use the Property for traditional
private recreational uses, provided such recreational uses are
conducted for the personal enjoyment of Gra'ntor, are compatible with
farming, and are otherwise consistent with and do not derogate from
or defeat the Purpose of this Easement or other applicable law. These
uses shall not be offered or provided for the commercial purposes,
including the commercial gain of Grantor or others.
4.04 Landscapinq Activities
Grantor shall have the right to continue the current and/or
customary modes of landscaping, pruning and grounds maintenance
on the Property as evidenced by the documentation set forth in
Section 0.05. Grantor shall have the right to remove or restore trees,
shrubs, or other vegetation when dead, diseased, decayed or damaged
or interfering with agricultural production, to thin and prune trees to
maintain or improve the appearance of the Property, and to mow the
Property.
4.05 Aqricultural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is presently referenced in §247 of the General
hlunicipal Law and/or defined in Chapter 70 of the Town Code, now or
as Chapter 70 may be amended, and including the production of crops,
livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Markets Law, now or as §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in
nature to those crops, livestock and livestock products included as of
the date of this Easement. No future restrictions in said laws and/or
Code or limitation in the definitions set forth in said laws and/or Code
shall preclude a use that is permitted under the current law and/or
Code.
Grantor may offer "U-Pick" operations and/or the use of a corn
maze to the general public, provided such activities are conducted in
conjunction with seasonal harvests, do not interfere with agricultural
production and are otherwise consistent with and do not derogate from
or defeat the Purpose of this Easement or other applicable laws.
Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code or any successor chapter, structures
shall be prohibited, except as set forth in §4.06 herein and as
permitted by the Town Code now'or in the future on agricultural lands
protected by a development rights easement or other conservation
instrument, including but not limited to farmstands.
4;06 Structures
A. Allowable Improvements. Grantor shall have the right to
erect and maintain the following structures and improVements on the
Property, as may be permitted by the Town Code, now or 'as may be
amended, and subject to the approval of the Town of Southold Land
Preservation Committee, provided the structures are consistent with
and do not derogate from or defeat the Purpose of this Easement or
other applicable laws:
(i)
Underground facilities used to supply utilities solely
for the use and enjoyment of the Property;
(ii)
Construction of new structures, including drainage
improvement structures, provided such structures
are necessary for or accessory to agricultural
production;
Renovation, maintenance and repairs of any existing
structures or structures built or permitted pursuant
to this Section 4.06, provided the primary purpose of
the structure remains agricultural;
(iv) Any improvement excluded from the definition of
"structure" in Section 1.02.
Lot coverage of impervious surface areas shall be limited to :[0% of
the Property.
B. Conditions. Any allowable improvements shall protect
prime agricultural soils, agricultural production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity DUring Construction. The use and
location of any improvement permitted hereunder shall be consistent~
with the purposes intended herein, and construction of any such
improvement shall minimize disturbances to the .environment. Grantor
shall employ erosion and sediment control measures to mitigate any
storm water runoff, including but not limited to minimal removal of
vegetation, minimal movement of earth and minimal clearance of
access routes for construction vehicles.
D. Replacement of Improvements. In the event of damage'
resulting from casualty loss to an extent which renders repair of any
existing improvements or improvements built or permitted pursuant to
this Section 4.06 impractical, erection of a structure of comparable
size, use, ,and general design to the damaged structure shall be
permitted in kind and within the same general location, subject to the
review and written approval of Grantee, pursuant to applicable
provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction
of any permanent or temporary structures as permitted in Section
4.06 herein and shall file all necessary applications and obtain all
necessary approvals that may be required by this Easement or by the
Town Code, and shall provide documentation as may be required for
such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of
its remaining interest in the Property but only subject to this
Easement. Grantor shall promptly notify Grantee and the United
States Secretary of Agriculture of any conveyance of any interest in
the Property, including the full name and mailing address of any
transferee, and the individual principals thereof, under any such
conveyance. The instrument of any such conveyance shall specifically
set forth that the interest thereby conveyed is subject to this
Easement, without modification or amendment of the terms of this
Easement, and shall incorporate this Easement by reference,
14
specifically setting for the date, office, liber and page of the recording
hereof. The failure of any such instrument to comply with the
provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the
Property. Any such further restrictions shall be consistent with and in
furtherance of the general intent and purpose of this Easement as set
forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor Shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges, which may become a
lien on the Property, including any taxes or levies imposed to make
those payments subject, however, to Grantor's right to grieve or
contest such assessment. The failure of Grantor to pay all such taxes,
levies and assessments and other governmental or municipal charges
shall not cause an alienation of any rights or interests acquired hereiA
by Grantee.
5.02 General Indemnification
Grantee and the United States have no obligations whatsoever,
express or implied, relating to the use, maintenance or operation of
the Property. Grantee's or the United States' exercise of, or failure to
exercise, any right conferred by this Easement shall not be deemed to
be management or con~rol of the activities on the Property. Grantee
shall not be liable to Grantor for injuries or death to persons or
damage to property or any other harm in connection with Grantee's
administration and/or enforcement of this Easement, unless such harm
is due to the negligence of Grantee or its agents, in which case liability
shall be apportioned accordingly.
Grantor shall indemnify and hold harmless Grantee and the
United States of America, their employees, agents and assigns from
1S
any and all liabilities, claims, demands, losses, expenses, damages,
fines, fees, penalties, suits, proceedings, actions and costs of actions,
sanctions asserted by or on behalf of any person or governmental
authority, and other liabilities (whether legal or equitable in nature and
including, without limitation, court costs and reasonable attorneys'
fees and attorneys' fees on appeal) to which Grantee or the United
States may be subject to or incur relating to the Property, which may
arise from, but are not limited to, Grantor's negligent acts or omissions
or Grantor's breach of any representation, warranty, covenant, or
agreements contained in this instrument, or violations of any Federal,
State or local laws, including all Environmental Laws, as defined below.
5.02A Environmental Warranty
"Environmental Law" or "Environmental Laws" means any and all
Federal, State, local or municipal laws, rules, orders, regulaUons,
statutes, ordinances, codes, guidelines, policies or requirements of any
governmental authority regulating or imposing standards of liability or
standards of conduct (including common law) concerning air, water,
solid waste, hazardous materials, worker and community right-to-
know, hazard communication, noise, radioactive material, resource
protection, subdivision, Inland wetlands and watercourses, health
protection and similar environmental health, safety, building and land
use as may now or at any time hereafter be in effect.
"Hazardous Naterials" means any petroleum, petroleum products, fuel
oil, waste oils, explosives, reactive materialsl ignitable materials,
corrosive materials, hazardous chemicals, hazardous wastes,
hazardous substances, extremely hazardous substances, toxic
substances, toxic chemicals, radioactive materials, infectious materials
and any other element, compound, mixture, solution or substance
which may pose a present or potential hazard to human health or the
environment.
Grantor warrants that it is in compliance with and shall remain in
compliance with, all applicable Environmental Laws. Grantor warrants
that there are no notices by any governmental aUthority of any
violation or alleged violation of, non-compliance or alleged non-
compliance with or any liability under any Environmental Law relating
to the operations or conditions of the Property.
Grantor further warrants that it has no actual knowledge of a release
or threatened release of any Hazardous Materials on, at, beneath or
from the'Property, as such substances and wastes are defined by
applicable Federal and State law.
]6
Moreover, Grantor hereby promises to defend and indemnify the
Grantee and hold harmless and indemnify the United States against all
litigation, claims, demands, penalties and damages, including
reasonable attorneys' fees, arising from or connected with the release
or threatened release of any Hazardous Materials on, at, beneath or
· from the Property, or arising from or connected with a violation of any
Environmental Laws by Grantor or any other prior owner of the
Property. Grantor's indemnification obligation shall not be affected by
any authorizations provided by Grantee or the United States to
Grantor with respect to the Property or any restoration activities
carried out by Grantee at the Property; provided, however, that
Grantee shall be responsible for any Hazardous Materials contributed
after this date to the Property by Grantee.
5.03 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in
agricultural production for two (2) consecutive years, then Grantor
shall implement a Natural Resources Conservation Plan (the "Plan")
approved by Grantee, including the Land Preservation Committee, to
maintain or restore the Property to the condition in which it existed on
the date of this Easement, as evidenced by the documentation referred
to in Section 0.05, in order to protect the environmental, natural,
scenic, conservation and agricultural values of the prOperty. In the
event Grantor fails to comply with the provisions of this section after
reasonable written notice is given to Grantor by Grantee, then, in
addition to all other remedies set forth herein, Grantee or its agents
are hereby authorized to enter upon the Property to implement the
Plan, and to recover the costs of such implementation from Grantor, as
provided in Section 5.02 and Section 6.03.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at
reasonable times, upon prior notice to Grantor, and in a manner that
will not interfere with Grantor's quiet use and enjoyment of the
Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld.
Representatives of the United States Department of Agriculture shall
also have the right to enter the Property for monitoring conservation
plan implementation, upon prior notice to Grantor and not more
frequently than annually without Grantor's consent. Grantee shall not
have the right to enter upon the Property for any other purposes,
except as provided in Section 5.03 and 6.03, or to permit access upon
the Property by the public.
· 6.02 Restoration
In addition to Grantee's remedies under Section 5.03, Grantee
shall have the right to require the Grantor to restore the Property to
the condition required by this Easement and to enforce this right by
any action or proceeding that Grantee may reasonably deem
necessary. However, Grantor shall not be liable for any changes to the
Property resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood, storm, earth movement, wind, weather
or from any prudent action taken by the Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons
or to the Property or crops, livestock or livestock products resulting
from such causes.
6.03 Enforcement Riqhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at
law for any violation of this Easement may be inadequate. Therefore,
in addition to, and not as a limitation of, any other rights of Grantee
hereunder at law or in equity, in the event any breach, default or
violation of any term, provision, covenant or obligation on Grantor's
part to be observed or performed pursuant to this Easement is not
cured by Grantor within ten (10) days' written notice thereof by
Grantee (which notice requirement is expressly waived by Grantor with
respect to any such breach, default or violation which, in Grantee's
reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the
purposes of this Easement), Grantee shall have the right at Grantor's
sole cost and expense andat Grantee's election:
(~)
To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
To enter upon the Property and exercise reasonable efforts
to terminate or cure such breach, default or violation
and/or to cause the restoration of that portion of the
18
Property affected by such breach, default or violation to
the condition that existed prior thereto, or
To enforce any term, provision, covenant or obligation in
this Easement or to seek or enforce such other legal
and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the
terms, conditions, covenants, obligations and purposes of
this Easement; provided, however, that any failure, delay
or election to so act by Grantee shall not be deemed to be
a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation
under this Easement.
The cure period in the Section 6.03 may be extended for a
reasonable time by Grantee if such restoration cannot reasonably be
accomplished within 10 days.
Grantor shall pay either directly or by reimbursement to Grantee
and/or to the United states of America, all reasonable attorneys' fees,
court costs and other expenses incurred by Grantee or the United
States of America (herein called "Legal Expenses") in connection with
any proceedings under this Section, as approved by the Court.
Under this Grant of Development Rights Easement, the United
States is granted the right of enforcement in order to protect the
public interest. The Secretary of the United States Department of
Agriculture (the Secretary) or his or her assigns, on behalf of the
United States, may exercise this right of enforcement under any
authority available under State or Federal Law if the Town of Southold
fails to enforce any of the terms of this instrument, as determined in
the sole discretion of the Secretary.
6.04 Notice
All notices required by this Easement must be written. Notices
shall be delivered by hand or by registered or certified mail, return
receipt requested, with sufficient prepaid postage affixed and with
return receipts requested. Mailed notice to Grantor shall be addressed
to Grantor's address as recited herein, or to such other address as
Grantor may designate by notice in accordance with this Section 6.04.
Mailed notice to Grantee shall be addressed to its principal office,
recited herein, marked to the attention of the Supervisor and the Town
Attorney, or to such other address as Grantee may designate by notice
in accordance with this Section 6.04.
Where notice is required to the United States of America or to
the NRCS, such notice shall be delivered to U.S. Department of
Agriculture, NRCS, c/o Commodity Credit Corporation, State
Conservationist, The Galleries of Syracuse, 44:[ South Salina Street,
Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall
be deemed notice to the United States of America.
Notice shall be deemed given and received as of the date of its
manual delivery or three business days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or the delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 ExtinquiShment of Easement/Condemnation
At the mutual request of Grantor and Grantee and the United
States of America, 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 0.03, extinguish or modify this Easement in accordance with
applicable law. The mere cessation of farming on the Property shall
not be construed to be grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken
or condemned by eminent domain, approved in advance by the United
States Department of Agriculture NRCS, by the Grantee or by any
other governmental entity, then this Easement shall terminate with
respect to the Property, or portions thereof so taken or condemned,
and the Property shall not be subject to the limitations and restrictions
of this Easement. In such event, the Grantor, its successors or
assigns, shall not be required to pay any penalties, but the value of
the Property shall reflect the limitations of this Easement. Any
condemnation award payable to the Grantor shall be in proportion to
the value attributable to the residual agricultural value of the Property.
If the condemnation is undertaken by an entity other than the
20
Grantee, then the remaining portion of the condemnation award shall
be payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby, in accordance with Section
7.12 herein.
ARTICLE SEVEN
MISCELLANEOUS
7.0! Entire Understanding
This Easement contains the entire understanding between the
parties concerning its subject matter. Any prior agreement between
the parties concerning its subject matter shall be merged into this
Easement and superseded by it.
7.02 Amendment.
This Easement may be amended only with the written consent of
Grantee and current Grantor and with the written approval of the
Secretary of the United States Department of Agriculture, and in
accordance with any applicable State and local laws. Any such
amendment shall be consistent with the ToWn Code and any
regulations promulgated thereunder and with the Purpose of this
Easement, and shall be duly recorded.
This Easement is made with the intention that it shall qualify as
a Conservation Easement in perpetuity under Internal Revenue Code
§170(h). The parties agree to amend the provisions of this Easement
if such amendment shall be necessary, to entitle Grantor to meet the
requirements of §170(h). Any such amendment shall apply
retroactively in the same manner as if such amendment or
amendments had been set forth herein.
7.03 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 and other applicable laws, upon the
adoption of a local law authorizing the alienation of said rights and
interest, 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
2!
the limitations, placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment. The United States of America shall also consent to any
such alienation.
In addition to the limitations set forth above, Grantee shall have
the right, subject to the provisions of Section 6.03 (Enforcement
Rights of Grantee) herein, to transfer all or part of this Easement to
any public agency, or private non-governmental organization, that at
the time of transfer is a "qualified organization" under §170(h) of the
Internal Revenue Code, provided that transferee expressly agrees to
assume the responsibility imposed on the Grantee by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner, and the.United States Department of Agriculture,
NRCS. If the Grantee ever ceases to exist, a court of compel~ent
jurisdiction may transfer this Easement to another qualified public
agency that agrees to assume the responsibilities imposed by this
Easement. The United States Department of Agriculture, NRCS, will be
notified in writing in advance of such transfer. The NRCS State Office
must approve the choice of any new non-governmental organization in
advance of any transfer of this Easement.
7.04 Severabilitv
Any provision of this Easement restricting Grantor's activities,
which is determined to be invalid or unenforceable by a court, shall not
be invalidated. Instead, that provision shall be reduced or limited to
whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement that is determined to
be invalid or' unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7.05 Governinq Law
New York law applicable to deeds to and easements on land
located within the State of New York shall goyern this Easement in all
respects, including validity, construction, interpretation, breach,
Violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of
this Easement shall be construed in favor of one of the parties because
22
it was drafted by the other party's attorney. NO alleged ambiguity in
this Easement shall be construed against the party whose attorney
drafted it. if any provision of this Easement is ambiguous or shall be
'subject to two or more interpretations, one of which would render that
provision invalid, then that provision shall be given such interpretation
as would render it valid and consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply in the
construction or interpretation of this Easement, and this Easement
shall be interpreted broadly to effect the purposes of this Easement as
intended by the parties. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantor has
restricted and limited its right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate
its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be
interpreted to grant, to the public, any right to enter upon the
Property, or to use images of the Property. Grantee may use images
Of the Property only for non-commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
Grantee shall record this Easement in the land records of the
office of the .Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
7.11 Proceeds
The grant of this Easement gives rise to a property right,
immediately vested in Grantee and the United States, which, for
purposes of calculating proceeds from a sale or other disposition of the
23
Property as contemplated under Section 6.06 (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 value
of this Easement, calculated as of the date hereof, by the
unencumbered value of the Property, as reflected in an appraisal
obtained by Grantee dated .January. 6, 2010. The Proportionate Share
is 69.3%. The Proportionate Share shall remain constant (subject to
reasonable adjustment to the extent permissible under Section 170(h)
of the Internal Revenue Code for any improvements which may
hereafter be made on the Property).
If any part or all of this Easement is extinguished pursuant to
Section 6.06, the proportional shares of the Grantee and the United
States of America are 49.8%, and 50.2%, respectively, representing
the proportion each party contributed to the purchase price of the
Easement.
IN WTI'NESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Grant of Development Rights
Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
MAR/A DEMCHAK, GrantOr
MICHAEL DEMCHAK, Grantor
ACKNOWLEDGED AND ACCEPTED:
BY: ~
24
Acceptance of Property :Interest by the Natural Resources
Conservation Service
The Natural Resources Conservation Service, United States
Department of Agriculture, an agency of the United States
Government, hereby accepts and approves the foregoing Grant of
Development Rights Easement, and the rights conveyed therein, on
°'A'~thori~ed S i g n a"fi-fi'~- f~"j~ h e~-~C S
ASTON F. BOOZER, State Conse~ationist
STATE OF NEW YORK )
COUNTY OF ~Af~/V~/)~) SS:
On this ~'~Zday of )~'~-X/~'~. in the year 2010 before me. the
undersigned, personally appeared Astor Boozer. pe~onally known to'
me or proved to me on the basis of satisfa~o~ evidence to be the
indlvidual~ whose name~are) sub.bed to the within
instrum~and acknowledg~ to me th~ h~/sh~ey executed the
same in ~her/their capaci~(ies)~ and t~t by.her/their
signature(s) on the instrument, the individual(s), or the person upon
beh~ of which ~e~ndividual(s) acted, execute~~tS~0
~ ~~ No~ Public
No.
01ST508932
~un~ of Ma~m~ S~te of
cou~ ov suvvoc~ ), ss: D~mber8,
On the ~ day of ~ ~n the year 2010 before me, the
undemi~ned, pemonally appeared ~aria Demchak, pemonally known to
me or proved to me on the ~asis of satlsfacto~ 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 capaciW (les), and that ~y his/her/their
signature(s) on the instrument, the individual(s), or the pemon upon
~ehalf of which the indMdual(s) a~ed, executed the instrument.
Signature/o~ce of individual taking acknowledgement
PATRIO~ L FALLON
NoM~ Publio, 8tare ~ New York
No. 01FA4950146
Oualifi~d In $u.olk Ooun~
25 Commi~ion ~pires April 24,
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this ~ day of ~:~.c.. in the year 2010 before me, the
undersigned, personally appeared Michael Demchak, 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 instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
Notary Public'
'STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
PATRICIA L, FALLON
Notary Public, State Of New York
No, 01FA4950146
Qualified In Suffolk County
Commission Expires April 24, ~' I)
On this g~J~'day of ~_.e~'~i.r~j~ve,~a~)~ ~v ~ 10 before, me, the
undersigned, persona y appeared ~1, personally known
to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon
· behalf of which the individual(s) acted, executed the instrument.
Notary Public
PATRICIA L. FALLON
Notary Public, State Of NeW Yod¢
No. 01FA4950146
Qua[if ed In Suffolk County
Commission Exp res April
26
stewarl
title insurance company
NEW YORK METRO
212-922-1593 fax
stewarmewyorlccom
SCHEDULE A - DESCRIPTION
Title No.: ST10417862
(AMENDED 11/29/2010)
ALL that cemdn plot, piece or parcel of land, situate, lying and being at Cutehogue, in the Town of
Southold, County of Suffolk and State of New York, bounded and described more particularly as
follows:
BEGINNING at a point on the sou&easterly side of Oregon Road distant the following four (4) courses
and distances from the comer formed by ~he intersection of th~ southeasterly Side of Oregon Road and
the norahorly side of Cox's Lane:
O)
(2)
(3)
(4)
North 32 degrees 10 minutes 52 seconds East, 222.47 feet to a point;
Nooh 30 degreea 59 minutes 42 seconds East, 569.34 feet to a monument;
No~h 45 degrees 27 minutes 32 seconds East, 106.75 feet ~o a monument;
Nor& 45 degrees 27 minutes 32 seconds East, 251.67 feet to the mae point or place of
beginning;
RUNNING THENCE still along the southeasterly side of Oregon Road Nor& 49 degrees 10 minutes 32
seconds East, 404.49 feet to a monun~nt and land now or formerly of Lieb Vineyard LLC;
THENCE along said land South 60 degrees 32 minutes 14 seconds East, 1889.20 feet to a monument
and land now.or formerly of Steven Dubner;,
THENCE along said land South 57 degrees I0 minutes 09 ~econds West, 452.16 feet to a monument and
land now or formerly of R_obett A. Graeb and Phylls A. Graeb;
THENCE along said land arid land now or formerly of Michael Demchak and Maria Demehak (Retained
Parcel "B") South 57 degrees 09 minutes 59 s6conds West, 403.23 feet to a point;
THENCE along other land now or formerly of Michael Demchak and Maria Detach:ak Nofd160 degrees
35 mimltes 58 seconds West, 491.77 feet to a moo-merit and other land now or formerly of Lieb
Vineyard LLC;
THENCE along said land Nor& 61 degrees 07 minutes 28 seconds West, 572.69 feet to other land now
or formerly of Michael Demc)aak and Maria Demch:ak (Rotained Parcel "A");
THENCE along said land the following two (2) courses and distances:
(1)
(2)
North 28 degrees 52 minutes 32 seconds East, 334.15 feet;
Nor& 55 degrees 33 minutes 29 seconds West, 562.23 feet to the southeasterly side of
Oregon Road, the point or place of BEGINNING.
RESOLUTION 2010-944
ADOPTED
DOC ID: 6442
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-944 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 30, 2010:
WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval
for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the
Town Code; and
WHEREAS, the Town Board has received a petition from Peter Danowski, Esq. on behalf of
Michael Demchak, to establish an open development area pursuant to Chapter 240 of the Town
Code; and
WHEREAS, pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII
(Open Development Area), of the Town Code, the Town Board of the Town of Southold held a
public hearing on the establishment of an open development area on property owned by Michael
Demchak on November 30, 2010, at which time all interested parties were given the opportunity
to be heard; and
WHEREAS, said property is identified as part of SCTM # 1000-84-1-11 and 1000-84-1-12.1,
with an address at Oregon Road, Cutchogue. The property is located in the A-C Zoning District
and is on the south side of Oregon Road, approximately 252 feet easterly from the intersection of
Cox Lane and Oregon Road in Cutchogue, New York; and
WHEREAS, the proposed open development area is located on 7.231+ acres of the 33.9890_+_
acre parcel and consists of 4 residential lots; and.
WHEREAS, the development rights of the remaining 26.67+acres are to be acquired by the
Town using Community Preservation Funds and subject to a development rights easement, in
accordance with Resolution No. 2010-332; 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 that this action is consistent with the LWRP; now,
therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and 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; and be it further
Resolution 2010-944 Board Meeting of November 30, 2010
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
Regulations for this action and has determined that the action is consistent with the LWRP; and
be it further
RESOLVED that the Town Board of the Town of Southold hereby establishes an open
development area consisting of 4 residential lots on approximately 7.231+ acres of the 33.9890+
acre parcel owned by Michael Demchak and hereby authorizes and directs Supervisor Scott A.
Russell to execute the approved Open Development Area Map prepared by Howard W. Young,
L.S., dated September 27, 2010, within l 0 days of the date of this resolution and further directs
the applicant to file said Map with the Suffolk County Clerk and the Town Clerk within 62 days,
in accordance with §240-29(F) of the Town Code.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Updated: 11/30/2010 4:13 PM by Lynda Rudder Page 2