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Home My WebLink AboutDemchak - Oregon Rd 1000-84-1-12.6 (f/k/a 1000-84-1-11 & 12.1) Baseline Documentation Premises: 14380 Oregon Rd & 22869 CR 48 Cutchogue, New York 26.6717 acres Development Rights Easement MARIA DEMCHAK and MICHAEL DEMCHAK to TOWN OF SOUTHOLD Easement dated December 8, 2010 Recorded December 23, 2010 Suffolk County Clerk - Liber D00012646, Page 798 SCTM #: Premises: 1000-84-1-12.6 (f/k/a parts of 1000-84-1-11 and 1000-84-1-12.1) 14380 Oregon Rd & 22869 County Rd 48 Hamlet: Cutchogue Purchase Price: Funding: $1,733,660.50 (26.6717 buildable acres (~ $65,000/acre) Community Preservation Fund (2% land bank) Grant Funding: $870,000.00 USDA-NRCS CPF Project Plan: Yes Total Parcel Acreage: Development Rights: Open Development Areas: 33.9890 acres 26.6717 easement acres 4.6899 acres ("A") 2.6274 acres ("B") Zoned: A-C Existing Improvements: In November 2010 - Grass roadway running along boundary lines; sod farm I I I I I I I I ! I ! ! FACTUAL DATA 17 Immediate Neighborhood The subject property is located in the hamlet of Cutchogue which lies in the Town of Southold. More specifically, the parcel is located on the southerly side of Oregon Road approximately 1,274 feet west of Bridge Lane. Cutchogue is bound on the west by the East Mattituck, on the north by the Long Island Sound and on the south by Great Peconic Bay and on the east by East Cutchogue. As reported in "LI Inc. 2009", Cutchogue is 8.1 square miles having a population of 3,064 (LIPA 2008) and a median family income of $97,230. The subject property is situated adjacent to development rights easement owned by the Town of Southold which is other land (1000-84-1-13) owned by Michael and Maria Demchak. The property is also adjacent to development rights easement owned by the County of Suffolk. (See aerial on the following page). The area on the north and south sides of Oregon Road are generally covered with farmland and vineyards. There are also some farmhouses along Oregon Road and large estate homes fronting the Long Island Sound and accessed by long driveways from Oregon Road. The residents of Cutchogue attend the Mattituck-Cutchogue School District. The resale market in the neighborhood ranges from the approximately $325,000 for smaller homes to approximately $3,500,000 for larger homes located on or near the water. \ % I BRUNSWICK APPRAISAL CORP. I I I I I I I I I I I I 'i I FACTUAL DATA 18 BRUNSWICK APPRAISAL CORP. FACTUAL DATA 19 ! I I I I I ! ! I I 1 ! Location: Size and Shape: Soil Condition And Topography: Easements and Encroachments: Utilities: Ingress and Egress: Flood Zone: SITE DESCRIPTION The subject site is located on the southerly side of Oregon Road approximately 900 feet east of Cox Lane and 1,274 feet west of Bridge Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. The subject property has a total land area of 24.60~ acres and is an irregular shaped parcel. The parcel has approximately 340 feet of frontage along Sound Avenue. The subject property lies within the A-C zoning district of the Town of Southold. The site is level and cleared. The property has 2% sloping and 100% HaA (Haven loam, Oto) which is considered Prime Soil. A topographic map is found on the following page indicating that the subject property is approximately 65feet above sea level. The parcel is currently leased and being used as a sod farm. At the time of inspection, the ground was not propagated. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. No easements of an adverse nature were indicated and none are assumed to exist, other than normal utility easements. Water is available to the dwelling and accessory buildings (located on Lot 11) via Suffolk County Water. An irrigation well provides water for the sod farm. There are no irrigation rights on this property. The well is solely for the use of the subject property. Utilities are available at the site. Street maintenance, police and fire protection area are provided by the Town of Southold. Gas and electric are provided by the Long Island Power Authority. Currently, access to the site is via Oregon Road. The subject property lies in the X flood zone - An area that is determined to be outside the 1% and 0.2% annual chance floodplains according to the flood map # 36103C0142G dated 5/4/1998. I BRUNSWICK APPRAISAL CORP. ! I I I I I : ! I I I ! FACTUAL DATA 20 TOPOGRAPHY MAP I BRUNSWICK APPRAISAL CORP. P R 0 P E R T Y V I S U A L S Z -N 4.2 I I I I I I I ! I I ! I INTRODUCTION 3 AERIAL VIEW OF SUBJECT PROPERTY I BRUNSWICK APPRAISAL CORP. I I I I I I I I I I I I I INTRODUCTION PHOTOGRAPH OF SUB,~CT PROPERTY 4 Facing south at the subject PrOPerty Facing east at the subject property BRUNSWICK APPRAISAL CORP. I I I I I I I I I I I I IN~FRODUCTION 5 PHOTOGRAPH OF SUBJECT PROPERTY Factof Facing east on Oregon Road All photographs on pages 4 and 5 were taken by Elinor Brunswick on January 6, 2010. I BRUNSWICK APPRAISAL CORP. A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, November 24, 2009 at 7:00 pm Members Present: John Sepenoski, Chairman (8:15 p,m) Ray Huntington Monica Harbes Eric Keil (7:30 pm.) Chris Baiz (absent 8:05-8:35 p.m.) Lillian Ball Members Absent: Also present: Maureen Cullinane Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust (left 9:00 p.m) Commencement: · The meeting began at 7:10 p.m. with four LPC members present. EXCERPT FROM ADOPTED 11/24/2009 LPC MEETING MINUTES DEMCHAK PROPERTY (Ore.qon Rd) SCTM #: 1000-84-1-11 Offered: dev rights Location: 14380 Oregon Rd, Cutchogue Zoned: A-C Total Acreage: 27 acres (GIS 2769 acres) CPF: Yes Subdividable: Yes F/MWet: 0 acres SCTM #: 1000-84-1-12.1 Offered: dev rights Location: 22867 CR 48, Cutchogue Zoned: A-C Total Acreage: 5.76 acres (GIS 6.36 acres) CPF: Yes Subdividable: Yes F/MWet: 0 acres New Application. Michael Demchak met with Melissa Spiro regarding his proposal to create 4 residential building lots and sell the remaining developments rights on two parcels to the Town. He may be interested in pursuing an open development area (ODA). MOTION made by Ray Huntington, seconded by Eric Keil, to direct Melissa to commission an appraisal of the two Demchak parcels. No structure restrictions for purposes of an appraisal were discussed at this time. Motion carried: 5/0 (Chris Baiz absent from vote) E N V I R O N M E N T A L S U M M A R Y PHASE I ENVIRONMENTAL SITE ASSESSMENT for the property known as: 14380 Oregon Road & 22867 CR 48 Cutchogue, New York 11955 Tax Map No. p/o 1000-084-01 - 11 & p/o 1000-084~01-12.1 prepared for: Town of Southold Department of Land Preservation PO Box 1179 Southold, New York 11971-0959 prepared by: [J 'Ui ~ OEPT Of LA~D / X P,R[SER~ATION p 'i~sb~ Cas tes, P.C. 1200 Ve~rans MemOdal~a~~ew fork 11788 - ¢01 Bdckell Key Drive~u~ G~¢, ~hmi, ~ 33131 -' (305) 57~-Z00¢ 841 Bm~way, SuiteSOO,~~~klOOO3-(21g)576-2~70 MAY 26, 2010 PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE pROPERTY KNOWN AS: 14380 OREGON ROAD & 22867 CR 48 CUTCHOGUE, NEW YORK 1193S TAX MAP NO. P/O 1000-084-01-11 AND P/O 1000-084-01-12.1 EXECUTIVE SUMMARY Associates, P.C. (CA) has performed an evaluation of the parcel identified on the Town Real Property Tax Map, County of Suffolk, State of New York by Tax Map p/o 1000-084-01-11 and p/o 1000-084-01-12.1 in accordance with the American for Testing and Materials (ASTM) E 1527-05, Standard Practice for Environmental Site CA was authorized by the Town ~ Southold to conduct this evaluation by a letter dated May 6, 2010. The subject property is 24.6 acres (1,071,576 square feet) in size. The property is presently undeveloped and is cleared of natural growth for agricultural purposes. No structures on the subject property were observed or reported to CA du~ing the inspection. CA accessed the property from Oregon Road to the northwest, which serves as the northwestern boundary of the subject property. Adjacent properties consist of: the un-included portion of Lot 11 containing a one-and-a-half story residential dwelling, one, one-story double garage structure, and a metal barn, agricultural lands and residential dwellings to the north and east, and agricultural lands to the south. Cashin Associates, P.O. · Engineering ° Planning · Construction Management of the investigation found the following potential recognized enviroamental associated with the subject property: tltural Use: Due to the historic agricultural use of the subject property, as well the surrounding area, it is assumed that pesticides, herbicides and fertilizers were used prolonged period of time, as verified by the property owner, Michael Demchak. to Mr. Demchak, pesticides were used on the subject property, mainly for potato Wide spread use of the pesticide aldicarb (trade name Temik) on potato farms the Town of Southold during the mid to late 1970's, has regionally contaminated throughout the Town. Reportedly, a Temik filter was required for the on-site OI water well of the un-included residential dwelling on Lot 11 due to high levels of Temik ,: ~ groundwater throughout the surrounding area. According to Mr. Demchak, the residential ~lwelling is currently connected to the municipal water supply system. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural use. Site-specific investigation would be needed to determine if long-term agricultural use has affected soils and groundwater at the site. Oast~in AssooiaCes, P.C. · Engineering · ~lanning · (~onstruccion ManaOemenC ~ L , Sacred Heart Cern iV~w York State Oepartment of Transportation Mattitutk Hills/$outhold Ouadran~dle New York- Suffolk Co. 7. 5 Minute Series Oi~ital Edition Scale 1;24000 Photograph ¢1 - View of the subiect property from Oregon Road Photograph ¢2 - View of cleared agricultural field on subject property, facing southeast Photograph ¢3 - View of cleared agricultural field on subject property, facing east. Photograph #4 - View of cleared agricultural field on subject propertyl southern boundary !} Photograph #5 - View of northwestern boundary of the subject property along Oregon Road Photograph #6 - View of the southeastern boundary of the subject property, facing west photograph #7 - View of the subject property, facing nod.hwest PhotograPh #8 - View of the un4ncluded residential dwelling on Lot 11 Photograph #9 - View of ~wo propane tanks and oil storage tank fill port associated with the un-included residential dwelling on Lot 1 1 Photograph #t0 -View of the diesel fuel storage tank and irrigation pump on the unqncluded portion of Lot 11 associated with the subject property agricultural fields ?hotograDh #ii ~ View of the double garage structure on the un-included portion of Lot 11 Photograph #t2 ~ View of the metal barn on the un-included portion of Lot 11 photograph #t3 ~ View of the included portion of Lot 1 1, facing southwest. Photograph #t4 - View of discarded oil storage tank and irrigation components stored on the un4ncluded portion of Lot 11 Photograph #'~ 5 - View of small agricultural field on un-included portion of Lot 11 Photograph #'16 - View of adjacent residential property to the west of the subject property Photograph #17 ~ View of adjacent vineyard to the north/northeast of the subject property Photograph #t8 - View of the adjacent nursery to the south/southeast of the subject property. Photograph #'~9 - View of the adjacent agricultural field to the noAh/northwest. across Oregon Road Photograph #20 - View of adjacent residential dwelling to the north/northwest of the subject property OVERVIEW MAP - 2769904.2s Target Property Sites a! elevaUofls higher than or equal to Ihe target property Sites at elevaf~ons lower than the target property Manufactured Gas Plants National Priority List S~tea Dept. Defense Sites ~ITE NAME: Oregon Road and CR 48 ADDRESS: 14380 Oregon Road Cutchogue NY 11935 L~T/LONG: 41.0363 / 72.5002 CUENT: Cashln Assoc. CONTACT: K]mberly Somers INCRIIRY #: 2769904.2s DATE: May 14, 2010 12:35 pm This report includes Interactive Map Layers t~ display and/or hide map informaUon. The legendincludes only those icons for the default map view. I DETAIL MAP - 2769904.2s Target Property · SJtoe at elevaaons higher ~an o~ equal to Ihe m~t pm~ S~s at eieva~ I~er ~an ~e ~rget pro~ ~ M~u~c~r~ Gas PI~ ~n~ve ~ce~rs ~pL De~n~ Si~s [] Indian ReservaUmls BIA /~ Oil & Gas pipelines ~ 100-yeast flood zone [] 500.year flood zone ISITE NAME: Oregon Road and CR 48 ADDRESS: 14380 Oregon Road Cutchogue NY 11935 LAT/LONG: 41.0363172.5002 This report includes Interactive I default map view. CLIENT: Cashin Assoc. CONTACT: Kimberly Somers INQUIRY#: 2769904.2s DATE: May 14, 2010 12:36 pm Ce p'ptght © 2~10 EDR, In~ © 2010 Tek .Mia~ R~I SSURGO SOIL MAP-2769904.2s / ~r Target Property /V SSURGO Soil /'v Water SITE NAME: Oregon Road and CR 48 CLIENT: Ca. shin Assoc. ADDRESS: 14380 Oregon Road CONTACT: K]mberly Somers Cutchogue NY 11935 INQUIRY#: 2769904.2s LAT/LONG: 41.0363172.5002 DATE: May14,2010 12:36pm PHYSICAL SETTING SOURCE MAP . 2769904.2s (~3 C=unt~ Boundary Ms]or Roads Contour LIne~ E~thquake epi=enter, R~ 5 or grea~r ~ Groundw~tor Flow D~rec~on ~ ind®tmminato GroUndwater Ftow at Loce~on ~ Groundw~tor Row Varte~ at Loca~on O~ Cio sest Hydmgeologimd Data · Oil, gas or related wells SITE NAME: Oregon Road and C?. 48 ~DDRESS: 14380 Oregon Roacl Cutchogue NY 11935 [AT/LONG: 41.0363172.5002 -~CUENT: Ceshin Assoc. CONTACT: K~rn~erty _Somers INQUIRY#: 2769904.2s -- N 700 050 1,400 United States Department of Agriculture N o 6oo ~.2oo ~,6oo 2.4oo ~~~ Feet Freshwater Wetlands ~lap New York State Department of Environmental Conservation 0 300 600 N 1,200 1800 2,400 Tidal Wetlands New York State Department of Environmental Conservation Suffolk County Department of Health Services Water Table Coi~tours al~d Location of ©b~¢rvatlo Wells Ii-:~ Suffolk Cour~ty, New York March 2002 Approximate Scale: I"=1 mile CLEARS Study Map P U B L I C H E A R I N 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 Tuesday, 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 ri~,hts 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 24.64- acres (subject to survey) of the 334- 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 bpildable acre for the 24.64- 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, Kmpski Jr., Evans, Russell 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 Tuesday~ 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 Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING April 20, 2010 7:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at PM COUNCILMAN TALBOT: 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.~ Sonthold 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-t-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 Cmnmittee 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. Demchak Development Rights Easement Purchase April 20. 2010 FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on tile 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. This is dated April 6, 2010. We also have a copy of the affidavit of posting on the Town Clerk's bulletin board dated April 9tl~. Notice of publication in the Suffolk Times, which was on April 15, 2010. We have a short environmental assessment form on record here and the LWRP letter of consistency, principal planner LWRP coordinator Mark Terry, The proposed acquisition is for a development rights easmnent on a part of this combined properties consisting of approximately 24.6 acres 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 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. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular.., oh, Melissa. MELISSA SPIRO: Inaudible due to microphone malfunction. SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody else like to address the Town Board on this particular acquisition for TDR rights on farmland? COUNCILMAN KRUPSKI: I would like to thank the Demchak family for participating in the program and also thank Melissa for all her work. Because if you look at the map, it is a really impressive block of preserved farmland, it is not, and it takes a long time to accumulate that big an area that is really going to support agriculture forever in this town. And it is not willy nilly. It took a long time to do that. So thank you. COUNCILMAN ORLANDO: I guess that five minute presentation, there is a lot more to it than meets the eye. We all know of the hours and hours spent with the people ~vorking deals out. It looks real quick and easy. SUPERVISOR RUSSELL: Would anybody like to address this issue? (No response) This hearing was closed at PM Elizabeth A. Neville Southold Town Clerk S E P U R C H A S E R E S 0 L U T I 0 N RESOLUTION 2010-332 ADOPTED DOC ID: 5840 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-332 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 20, 2010: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on certain parcels of properties owned by Maria and Michael Demchak on the 20th day of April, 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 part of SCTM #1000-84-1-12.1. The addresses are 14380 Oregon Road and 22867 County Road 48, respectively, in Cutchogue. The properties are located in the A-C zoning district at and are at the southerly side of Oregon Road, approximately 725 feet east fi.om the intersection of Cox Lane and Oregon Road in Cutchogue, New York; and WHEREAS, the purchase comprises a part of the properties consisting of approximately 24.6± acres (subject to survey) of the 33=t: total acres. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the proposed acquisition will be funded by the Town's Community Preservation Fund. 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 24.6a: acre easement plus acquisition costs; and WHEREAS, the properties are listed on the Town's ConYmunity Preservation Project Plan as properties that should be preserved due to their agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Revie~v) of the Town Code and Local Waterfront Revitalization Program ("LWRP') and the LWRP Coordinator recommends that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the To~vn Board acquire this development rights easement purchase; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, Resolution 2010-332 Board Meeting of April 20, 2010 WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it 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, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on properties owned by Mafia and Michael Demchak, identified as part of SCTM//1000-84-1-11 and part of SCTM #1000-84-1-12.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Town Board determines that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 4/20/2010 2:04 PM by Linda Cooper Page 2 617.20 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) 1. APPLICANT/SPONSOR~.~;:~ ~ 2t_~PROJECTNA.ME ~L~, H' ~'~' 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road interse~ions, prominent landmass, etc.. or provide map) 5. PROPOSED ACTION IS: ~ New ~ E~ansion ~ Modifi~tion/alteration ~. DESCRIBE PROJECT BRIEFLY' 7. AMOU~OF ~NDA~ECTED: ~ Initially ~ -- a~es Ultimately ~,~ ' a~s 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~es [] No If No, describe briefly g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? {~Residential [] industrial [~]=Commercial 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 ~1 I No If Yes, list agency(s~.name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~J Yes r~No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT Of PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I--H No I CERTIFY T~AT THE INFORMATION PROVIDED ~BQVE IS TI~J E TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER :~ART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) DOES ACTION EXCEED ANY TYPE t THRESHOLD iN 6 NYCRR. PART 617.47 if yes, coordinate the review process and use the FULL EAF. ~] Yes [~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sudace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural archaeological, historic, or other natural or cutiural reseurces; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife Species, significant habitats, or threatened or endangered species? Explain bdefly: C4. A eommunl~'s existing plans or goals as offioially adopted~ or a change in use or inten$it~ of uso of land or olher natural resources? E×plain briefly: C5. Growth, subsequent development, or related aotivifle$ likely to b~ induced hy the proposed a~ion? E×plain briefly: C6. Long term, short term, cumulatiYe, or other effects not idectified in D1 ~G67 Explain briefly: C?. Other impacts (induding changes in use of etiher quantity or type of energy)? Explain briefly: 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 bdefiy: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~ONo If Yes, explain bdefly: PART I(! - 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) 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 alt relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significence must eva]uata the potential impact of the proposed action on the environmental characteristics of the CEA. ] ~heckthisb~xgy~uhaveidenti~ed~ne~rm~rep~tentia~Iy~arge~rsigni~cantadverseimpactswNchMAY~ccur- ThenproceeddirectlytotheFULt EAF and/or prepare a positive declaration. ~[~ Checkthis box if you have determined, based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Signatu'C~'~f Responsible Officer in Lead Agency 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 APR - 9 5010 _. 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 Coordinatorv/ C L O S I N G S T A T E M E N T CLOSING STATEMENT MICHAEL DEMCHAK and MARIA DEMCHAK to TOWN OF SOUTHOLD Total Development Rights Easement - 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 acre) disbursed as follows: Wire Transfer to CITIBANK, N.A. Branch 924 (Asset Preservation, Inc.) $ 70O,O00.00 Payableto Young & Young Check #108153(121812010) $ 24,300.00 Payable to Surf Co Dept of Environmental Health $ Check #108152 (121812010) 1,000.00 Payable to Peter S. Danowski, Jr., Esq. Check #108148 (1218/2010) $ 15,000.00 Payable to Michael Demchak & Maria Demchak Check #108149 (121812010) $ 993,360.50 Expenses of Closing: Appraisals Payable to Elinor Brunswick, MAI Check #104299 (2/23/2010) Payable to Elinor Brunswick, MAI Check #107500 (11/4/2010) $ 4,000.00 $ 1,000.00 Survey Payable to Young & Young Check #108144 (11/30/2010) $ 4,600.00 Environmental Report (Phase I ESA) Payable to Cashin Technical Services Inc. Check #105694 (6/15/2010) $ 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 (12/8/2010) $ 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 ASSET PRESERVATION, INC. Vendor Telephone Number 966-394-1031 Vendor Contact Invoice Invoice Invoice Number Date Total 700,000,00 WIRE TRANSFER Discount Asset Preservation, Inc.; FBO: Exchangers ABA# 321 171 184 Account # 202 985 834 Vendor No. 3643 Vendor Address CITIBANK, N.A. Branch 924 '1950 Douglas Blvd, Ste B-7 Roseville, CA 9{$661 Net Purchase Order Amount Claim, Number 700,000.00 2010-332 Reference: 73697-D1 - Michael Demchak and Maria Demchak Payee Certification Description of Goods or Services DEMCHAK to TOWN ]' SCTM #1000-84-1-'11 & '12.11/ The undersigned (Claimant) (Acting on behalf of the above named claimant) does hereby certify that the foregoing claim is true and correct, that no part has been paid, except as therein stated, that the balance therein stated is actually due and owing, and that taxes from which the Town is exempt are excluded, Signatur~.~ ~C.~ Title Company Name__ Date 12/8/2010 Approved by: Michael & Maria Demchak 14380 Oregon Rd & 22867 CR48 Cutchogue, NY 26.6717 acres dev ri~ts WIRE TRANSFER Fo $1,733,660.50 purchase price : . Gbflefal:Ledger Ebhd 5a~tO A~-count Numbe Department Certification I hereby certi~ that the materials above specified have been received by me in good condition without substitution, the services properly performed and that thc quantities thereof have been verified with the exceptions or discrepancies noted, and payment is approved. Signature ~ ~. Title Land Preservation Coordinator Date 12/8/2010 H:1.866012i600i100 TOWN OF SOUTHOLD VENDOR 025030 YOUNG & YOUNG 12/08/2010 CHECK 108153 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 TBR332 120810 DEMCHAK-26.6717 ACRES TOTAL 24,300.00 24,300.00 OOOOOh O"' TOWN OF SOUTHOLD VENDOR 019754 SUFFOLK COUNTY DEPT.OF 12/08/2010 CHECK 108~152 FUND & ACCOUNT , P. O. ~ INVOICE DESCRIPTION AMOUNT H3 ,8660.2.600.100 TBR332 120810 DEMCHAK-26,6717 ACRES 1,000.00 TOTAL 1,000. O0 TOWN OF SOUTHOLD VENDOR 004006 PETER S. DANOWSKI JR. ESQ. 12/D8/2010 CHECK 108148 FO/fiD & ACCOb-NT P.O.# INVOICE DESCRIPTION ~J~OUNT H3 .,8660.2.600.100 TBR332 120810 DEMCHAK-26.67 AC DEV RGT 15,,000.00 TOTAL 15,000.00 TOWN OF SOUTHOLD VENDOR 002623 MICHAEL & MARIA DEMCHAK 12/08/2010 CHECK 108149 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT N3 .8660.2.600.100 TBR332 120810 DEMCHAK-26.67 AC DEV RGT 993,360.50 TOTAL 993,360.50< BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Street, Suite 8 HUNTINGTON, NEW YORK 11743 (631) 421-2344 FAX (631) 424-9246 E-Mail: Brunswickappraisalcorp~M SN.com Sanford S. Brunswick Elinor Bnmswick, MAI State Certified General Appraisers Ammnd Brunswick, MAI 1881-1960 February 1, 2010 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Rotae 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 Thankyou FEB - 2 7-010 TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 02/23/2010 CHECK 104299 FUND & ACCOUNT P.O.~ IN-VOICE DESCRIPTION AMOUNT H3 -8660.2.500.200 20139 1000-13 APPRAISAL-DEMCHAK PROP 4,000.00 TOTAL 4,000.00 05~,&[,~.~ 6~ O0000q 0,'' BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Street, Suite 8 HUNTINGTON, NEW YORK 1 I743 (631) 421-2344 FAX (631) 424-9246 E-Mail: elinorC~bmnswickappraisal.com Sanford S. Brunswick Elinor Brunswick, MAI State Certified General Appraisers Annand Brunswick, 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 DEPT. OF ~AND PRESEFNATJON GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 005409 ELINOR BRUNSWICK, M Y=Select O JE Date Trx. Date Fund Accoun't -~-~- ~--~ ~----~-- -~ ~ 3/11/2008 3/11/2008 H3 .600 5/06/2008 5/06/2008 H3 .600 9/09/2008 9/09/2008 9/23/2008 9/23/2008 12/16/2008 12/16/2008 1/20/2009 1/20/2009 2/24/2009 2/24/2009 ,, 2/02/2010 2/02/2010 ,, 2/23/2010 2/23/2010 , , 3/23/2010 3/23/2010 ,. 811012010 811o/2olo . . 9/07/2010 9/07/2010 .. 10/05/2010 10/05/2010 ~ 11/04/2010 11/04/2010 Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-11042010-152 Line: 108 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 11/04/2010 SDT 11/03/10 : : Trx Amount... 1,000.00 : : Description.. APPRAISAL-DEMCHAK REVISD : H3 .600 : Vendor Code.. 005409 : H3 .600 : Vendor Name.. ELINOR BRUNSWICK, MAI : H3 .600 : Alt Vnd.. : H3 .600 : CHECK ........ 107500 SCNB : H3 .600 : Invoice Code. 1000-18 : H3 .600 : VOUCHER ...... : H3 .600 : P.O. Code .... 21566 : H3 .600 : Project Code. : H3 .600 : Final Payment F Liquid. : H3 .600 : Type of 1099. N BOX. Addl. : H3 .600 : Fixed Asset.. Y : H3 .600 : Date Released 11/04/2010 : : Date Cleared. 11/30/2010 : : F3=Exit F12=Cancel : : : F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code InvoiceI 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 Pumhase Order No. 21570 Fee Total this Invoice 4,500.00 $4,500.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View i ** Actual Hi .............. Detail--GL100N .............. Vendor.. 025030 YOUNG & YOUNG : W-11302010-338 Line: 322 Formula: 0 : Y=Select : Account.. H3 .600 : - JE Date Trx. Date Fund Account ............................. Begi 8/26/2003 8/26/2003 DB .600 1/20/2004 10/19/2004 2/01/2005 2/15/2005 1/02/2008 1/02/2008 9/08/2009 9/08/2009 9/08/2009 3/09/2010 11/30/2010 1/20/2004 H3 .600 10/19/2004 H3 .600 2/01/2005 H3 .600 2/15/2005 H3 .600 1/02/2008 H2 .600 1/02/2008 H2 .600 9/08/2009 H3 .600 9/08/2009 H3 .600 9/08/2009 H2 .600 3/09/2010 H3 .600 11/30/2010 H3 .600 ~hift Up F3=Exit F10=Prev View OT FORWARD. END OF FILE : 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 : : : Cashin Technicel Services Inc. -- m ~ 1200 Veterans Memorial Hwy. HauPpauge. NY. 11788 [] ~ 631,348,7600 Phone / 631.348.7601 fax May 27, 2010 Project No: CATS.025 Invoice No: 0000078 Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 Southold NY 11971~0959 Phase I Environmental Site Assessment for properly located at 14380 Oregon Road & 22867 CR 48, Cutchogue, NY Professional Services: May 1, 2010 throu.qh May 27~ 2010 Fee 1,100.00 Total this invoice $1,100.00 DEPT OF LAND PR[S£RVAT!ON TOWN OF SOU?IIOLD VENDOR 003079 CASHIN TECHNICAL SVCES INC. 06/15/2010 CHECK 105694 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600~100 20145 0000078 PHASE 1 ESA-DEMCHAK PROP 1,100.00 TOTAL 1,100.00 STEWART TITLE INSURANCE COMPANY 707 Westehester Avenue, Suite 411, White Plain% New York 10604 Phone: 800-433-4698 or 914-993-9393 Fa~ 914-997-1698 FAIR 5~J~KET VALUE RIDER (Optional) PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM~ ENDORSEMENTS: Enviromnental Waiver of Arbitration Resident/al Adjustable Rate Rider NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mortgagee~ MORTGAGE TAX (Mortgagor) COMI~IUNITY PRESERVATION FUND SURVEy INSPECTION DEPARTMENTAL SEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE BANKRUPTCY SEARCH RECORDING FEES: ( ) SATISFACTION(S) ff ff ~ ~ ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIDAVIT(S)~ ( ) ASS[~NM~r~r(S) TOT CI GES 75'/ /V6 CLOSER CHARGES, IF ANY: PICK-UP FEE OTHER:_ .£ TOWN OF SOUTHOLD VENDOR 019624 STEWART TITLE INS~CE CO. 12/08/2010 CHECK 108151 FUND & ACCOUNT P.O ~ INVOICE DESCRIPTION AMOUNT H3 .8660.2<6~0.100 H3 .8660.2.600.100 .8660.2.600.100 TBR332 ~T10-07862A TBR332 ST10-07862B TBR332 ST10-07862C DEMCHAK-TITLE INS POLICY 7,194.00 DEMCHAK-RECORD.EASEMENT ---275.00 DEMCHZkK-CERT COPY EASMNT 50.00 ~OTAL 7,519.00 TOWN OF SOUTHOLD VENDOR 006013 PATRICIA FALLON FUND & ACCOUNT P.O.~ INVOICE H3 -8660.2.600.100 TBR332 120~10 12/08~2010 CHECK 108150 DESCRIPTION DEMCHAK-TITLE CLSR FEE TOTAL AMOUNT I00.00 100.00 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT ~,mher of Pages: 29 Receipt N,,mher : 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 Received the Following Fees Page/Filing $145.00 COE $5.O0 TP-584 $5.00 Cert. Copies $18.85 Transfer tax $0.00 TRANSFER TAX NUMBER: For Above Instrument Exempt 10-10870 NO Handling NO NYS SRCHG NO Notation' NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 12/23/2010 11:50:16 AM D00012646 798 Lot: 011. 002 Exempt $20.00 NO $15.00 NO $0.00 NO $50.00 NO $o.oo NO $258.85 Number Of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED JUDITH ft. PRSCHLE CLERK OF SUFFOLK C01JNTY L D00012646 P ?98 DT~ 10-10870 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Re, co/ding / Filing Stamps FEES -:' Page / Filing Fee E~,5'2 17 (County) ~ E~k-5217 (State) 1 Affida?t __ NYS Surcharge 20. O0 Sub Total Other 4 Dist./~ 't0o0 08400 o100 011002 1000 08400 0100 012004 Real Property ~ Tax Service Agqncy Verificatinn 5. O0 15. 00 SubTotal (-. ~. / Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Tom/ SpecJAssit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointrne~:5~~ rraas fer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only, YES or NO If NO, see appropriate tax clause on page, 5 Community Preservation Fund Consideration Amount CPF Tax Due ,/$ ' Improved TD TO The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of In the VILLAGE or HAMLET of Satisfac~ons/Discharges/Releasas List Property Owners Mailing Address RECORD & RETURN TO: fflg:z~lxr/~ ~..¢N"Ot, crSKI ?,0, 80~ 117q Marl to: Judith A. Pascale, Suffolk County Clerk / ? I Title Company Information 310 Center Drive, RiverhP. ad, NY 11901 ICo. Nam~ www. su~olkcountyny, gov/clerk I Title # Suffolk Connty Recording & Endorsement Page This page forms part of the attached ~.tSq'~7- OF A~'OL-~zoP~'2'~-N'7' ~6.~/:z~ ~7)/~;~7' made by: (SPECWY TYP~ OF n~sTatrmm, rr) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~'~/'~ day of December, 2010 at Southold, New York. The parties are MARIA DEMCHAK and MICHAEL DEMCHAK, 3206 Carnoustie Court, Riverhead, New York 11901 (herein (~ollectively 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 ("NB, 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 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 :~989 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 MILLION 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 Pu_~_pose 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 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 §:[70(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 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 Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE 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~3mended 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. "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 5 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 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 :L.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Nining 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 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, composting and crop removal. 3.05 signs 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 t4arkets Law, now or as said §30:~ (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. lin 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 Drainaqe 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 Riqhts 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 ]! 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 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 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 §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. 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 !.02. Lot coverage of impervious surface areas shall be limited to 10% 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 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 ini:erest 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, ~4 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. ~.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 OBLIGATION.g $.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 15 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. 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 l? 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 and at Grantee's election: To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) 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. Nailed 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. Nailed 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 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 7.01 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 §~L70(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 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 Sever~ 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 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 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 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 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: · o o, .- 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 ~~ ni!~l-~tates of America. ASTON F. BOOZER, State Conservationist STATE OF NEW YORK ) COUNTY OF ~A/~/V~P/~/~) SS: On this ~ day of )~/-X/~, 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 ..1~ whose name~i~'~(are) sub~.~bed to the within instrumer~r~and acknowledge-d-to me tha~ h~d/she~t-~ey executed the same in i~her/their capacity(les); and t'lT~t by hi(,~'her/their signature(s) on the instrument, the individual(s), or the person upon beh,a/~f of which JL~e~individual(s) acted, ~.Z'~..~ ./ ,,/-~------/~Y//~F ex e c u te~]~l~n~e~'t ~TINSON I~tary ~ - ' ' -~ Notary Public Ho. 01ST5089252 County of Madison, State of N.Y. STATE OF NEW YORK ) Commission Expires: COUNTY OF SUFFOLK ), SS: DecemberS, ~d_~ On the ~;~ day of ~ 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 PATRICIA L FALLON Notary Pubiic, State Of New York No. 01FA4950146 Qualified In Suffolk Gounty 25 Commission Expires April 24, ~JJ STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this ~ day of ~)~-. 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(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. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, On this g~-'day of ~~jr~)_~vema~_.2_.010 before me, the undersigned, personally appeared ~1, personally known to me or proved to me on the basis of satisfactow 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. ~ota~ PuBlic PATRICIA L. FALLON Nota~ Public, State of New York No. 01FA4950146 Qualified In Suffolk Coun~ Commission Expires April 24, ~j/ 26 stewaK title insurance cornpanyt°°~*'; NEW YORK METRO 800-8~03 212-922-1593 tax stewannewyod~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) North 32 degrees 10 minutes 52 seconds East, 222A7 feet to a point; (2) North 30 degrees 59 minutes 42 seconds East, 569.34 feet to a monument; (3) North 45 degrees 27 minutes 32 seconds East, 106.75 feet to a monument; (4) North 45 degrees 27 minutes 32 seconds East, 251.67 feet to the true point or place of RIJiNNING 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; THlgNCE 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 arid 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 Demehak and Maria Demohak 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 fomaedy of Michael Demchak and Mafia Demchak (Retained Parcel "A"); THENCE along said land the following two (2) courses and distances: (I) (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. G R A N T I N F O R M A T I O N Bridge Business Connect Page 1 of 1 Business Bill Pay Online Help ~ ~ ~ BRIDGEHAMPTON ~ NATIONAL ~ BANK Summary [ Accounts I Funds Managemelqt I Administration I Review Balances I Transactions I Stop Payments I Oocuments Options Log Out / Home Transaction Date Number Description 20110202.094632210.5792 Privacy Policy Debit Credit Balance 6,403,57 4,750~433,87 3,544.00 4,746,889.87 870~000.00 5,616,889.87 6,403.57 5,610,486.30 10t397,02 5,600,089.28 5,660.00 5,605,749.28 15,316.00 5,621.~055.28 340~894.58 5,961.~95g.86 DEPI. OF LAND PR£$ERyATIQ~I https://www.securecashmgnt.com/EBC_EBC1961/EBC1961.ASP?WCI=Process&STU=24... 2/2/2011 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 Southotd, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 3, 2011 Astor F. Boozer State Conservationist USDA-Natural Resources Conservation Service on behalf of the Commodity Credit Corporation The Galleries of Syracuse 441 S. Salina St - Suite 354 (5th floor) Syracuse, NY 13202-2450 Re: DEMCHAK Farm Project FRPP FY2009 Cooperative Agreement 73-2C31-9-042, Amendment 1, Attachment B Town of Southold Dear Mr. Boozer: Our sincere thanks to you and those at the USDA-NRCS offices in Syracuse for all the assistance extended to us here in the Town of Southold that brought the Demchak Farm Project to its closing on December 8, 2010. The Town is pleased to include an additional 26.6717 acres of protected farmland to its ever growing list of preserved lands. The $870,000 grant funds awarded by USDA-NRCS that helped to make this project possible have been received by the Town. Thanks again for your support and financial assistance. Sincerely, Melissa Spiro Land Preservation Coordinator RESOLUTION 2010-983 ADOPTED DOC ID: 6447 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-983 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 14, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute Amendment No. 2 to Cooperative Agreement No. 73-2C31-9-042, dated June 30, 2009, between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2009 Federal Farm and Ranch Lands Protection Program (FRPP) for a revision to Attachment B that increases the awarded grant funding for the Demchak Farm project to $870,000.00, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Krupski Jr., Evans~ Russell REQUEST OR REIMBI 3 FEDERAL SPONS WHICH THIS REPORT iS SUBMITTED United States Commodity USDA-NRCS - FRPP 6 EMPLOYER IDENTIFICATION NUMBER 11-6001939 9 R ECl PIENT ORGA N~ZATION 0348~0004 I PAGES FOR ADVANCI:3L a one orbot¢l b .... BASIS OF REQUEST REIMBURSE- IBURSEMENT TYPE~ OF ~ ADVANCE ~ MENT ~ CASH "uctions on back) ~ FINAL ~ PARTIAL Corp. Credit 73-2C31-9-042 Amend 1, Attach B 17 RECIPIENTS ACCOUNT NUMBER 8. PERIOD COVERED BY THIS REQUEST Town of Southold Number and Street: 53095 Main Rd (Rt 25), PO Box 1179 C/ty, State and ZIP Code: Southold, NY 11971-0959 Name Number and Street. Cfly, State and ZIP Code: 11 COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED (a) FRPP (b) (c) PROGRAMS/FUNCTIONS/ACTIVITIES ~.~ TOTAL a Total program (~sofdate) outlays to date 12/29/2010 $ 1,733,660..~ $ $ $ 1,733,660.5 0.00 0,00 b Less: Cumulative program income c Net program outlays (Line a minus 1,733,660.[ 1,733,660.5 line b) d Estimated net cash outlays for advance 0.00 0.00 period e. Total (Sum of lines c & d) 1,733,660..~ 1,733,660.5 f Non-Federal share of amount on line e 863,660.50 863,660.50 870,000.00 870,000.00 9- Federal share of amount on line e h. Federal payments previously requested i Federal share now requested (Line g minus line h) 870,000.00 870,000.00 j Advances required by month, when requested 1st month by Federal grantor agency for use in 2nd month making prescheduled 3rd month 12 ~,LTERNATE COMPUTATION FOR ADVANCES ONLY a Estimated Federal cash outlays that will be made during period covered by the advance b Less Estimated balance of Federal cash on hand as of beginning of advance period c Amount requested (Line a minus hne b) AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reverse) STANDARD FORM 270 (Rev 7 97) Prescribed by OMB Circulars A-102 and A-110 I certify that to the best of my know[edge and belief the data on the reverse are correct and that all outlays were made in accordance with the grant conditions or other agreement and that payment is due and has not been previously requested CEF~ SIGNATURE OR AUTHORIZE D CE TYPED OR PRINTED NAME AND TITLE B Phillip Beltz, Southoid Town Deputy Supervisor This space for agency use DATE REQUEST SUBMITTED 12/29/2010 TELEPHONE (AREA CODE NUMBER EXTENSION) (631) 765-1889 Public repoding burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Papep, vork Reduction Project (0348-0004), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Item INSTRUCTIONS Please type or print legibly Items 1, 3, 5, 9, 10, 1 le, 1 lf, 1 lg, 1 li, 12 and 13 are self-explanatory; specific instructions for other items are as follows: Entt~/ Item Entry 2 Indicate whether request is prepared on cash or accrued expenditure basis All requests for advances shall be prepared on a cash basis. 4 Enter the Federal grant number, or other identifying number assigned by the Federal sponsoring agency If the advance or reimbursement is for more than one grant or other agreement, insert N/A; then, show the aggregate amounts. On a separate sheet, list each grant or agreement number and the Federal share of outlays made against the grant or agreement 6 Enter the employer identification number assigned by the U.S. Internal Revenue Service, or the FICE (institution) code if requested by the Federal agency 7 This space is reserved for an account number or other identifying number that may be assigned by the recipient. 8 Enter the month, day, and year for the beginning and ending of the period covered in this request If the request is for an advance or for both an advance and reimbursement, show the period that the advance will cover If the request is for reimbursementr show the period for which the reimbursement is requested Note: The Federal sponsoring agencies have the option of requiring recipients to complete items 11 or 12, but not both. Item 12 should be used when only a mimmum amount of information is needed to make an advance and outlay information contained in item 11 can be obtained in a timely manner from other reports. 11 The purpose of the vertical columns (a), (b), and (c) is to provide space for separate cost breakdowns when a project has been planned and budgeted by program, function, or activity If additional columns are needed,use as many additional forms as needed and indicate page number in space provided in upper right; however, the summary totals of all programs, functions, or activities should be shown in the "total" column on the first page 11a Enter in "as of date," the month, day, and year of the ending of the accounting period to which this amount applies Enter program outlays to date (net of refunds, rebates, and discounts), in the appropriate columns For requests prepared on a cash basis, outlays are the sum of actual cash disbursements for goods and sen/ices, the amount of indirect expenses charged, the value of in- kind contributions applied, and the amount of cash advances and payments made to subcontractors and subrecipients For requests prepared on an accrued expenditure basis, outlays are the sum of the actual cash disbursements, the amount of indirect expenses incurred, and the net increase (or decrease) in the amounts owed by the recipient for goods and other property received and for services performed by employees, contracts, subgrantees and other payees 11b 11d Enter the cumulative cash income received to dater if requests are prepared on a cash basis. For requests prepared on an accrued expenditure basis, enter the cumulative incom.e earned to date Under either basis, enter only the amount applicable to program income that was required to be used for the project or program by the terms of the grant er other agreement Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be made during the period covered by the advance 13 Complete the certification before submitting this request STANDARD FORM 270 (Rev 7 97) Back United States Department of Agriculture NRCS Natural Resources Conservation Service 441 S. Salina Street, Suite 354 Syracuse, NY 13202-2450 November 30, 2010 Scott Russell Town of Southold Supervisor PO Box 1179 Southold, NY 11971-0959 Dear Mr. Russell, I am responding to the request submitted by the Town of Southold at the time of application to increase the allowable impervious surface on the Demchak Farm which was enrolled into the Farm and Ranch Protection Program (FRPP) in 2010. The Farm and Ranch Protection Program (FRPP) is only authorized to allow a maximum of 2% impervious surface on lands it protects under the 2008 Farm Bill, however each State Conservationist is given the authority to waive the minimum percentage up to no more than 10% upon his consideration and approval. "Impervious surface" is defined as a permanently/semi- permanently placed land covering that does not permit rain to percolate into the ground (i.e. road pavement, building roofs, concrete barnyards, permanent greenhouses, labor housing, etc.). For Long Island, it is generally accepted that farm acreage greater than 10 acres is considered a viable farm acreage. As required by the FRPP Rules, I have considered the population density, the ratio of open prime other important farmland versus impervious surfaces on the easement area, the impact to water quality concerns in the area, the type of agricultural operation, and parcel size. I have determined that if 2.46 acres (10%) of the Demchak Farm was converted to an impervious surface, the remaining 22.14 acres has the capability to sustain an agricultural operation. Based on my determination, I am granting the Town of Southold a waiver to increase the allowable impervious surface on the Demchak easement from 2% to 10% in the Conservation Easement Deed. I)EPT. 0E MND PRESERVATION Helping People Help the Land An Equal Opportunity Provider and Employer if you have any questions regarding this determination or other provisions of your Cooperative Agreement, please contact Michael Foumier, NRCS, Ne~v York FRPP Manager (315-477-6543) or Michael. foumier~ny.usda.gov. Astor F. Boozer State Conservationist Cc: Don Pettit, ASTC (P), NRCS, Syracuse, NY Mike Foumier, FRPP Program Manager, NRCS, Syracuse, NY He/ping People Help the Land An Equa~ Opportunity Provi(~er and Employer T I T L E P 0 L I C Y ALTA Owner's Policy (6 17-06) POLICY OF TITLE INSURANCE ISSUED BY company Any notice of claim and any other notice or statement in wdting 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 o1 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 o1 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 Title. This Covered Risk includes but is not limited to insurance against loss from (a) A delect in the Title caused by (i) forgone, fraud, undue influence, duress, incompetency, incapacity~ or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not propedy craated, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to pedorm those ~ClS necessary to create a document by electronic means authorized by law (v) a document executed under a 1alsified, expired, or olherwise invalid power ol attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to pedorm those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. {c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land ol existing improvements located on adjoining land. 3. Unmarketable Title. 4. NO right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating 1o building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoymen~ of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (dt environmental protection if a notice, describing any part of the Land, Js recorded in the Public Records seeing forth the violation or intention to enforce, but only to the ex~ent of the violation or enforcement referred to in that r~tice 6 An enforcement action based on the exercise ol a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any par~ Of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. The exercise of the rights bi eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records Any taking by a governmental body that has occurred and Js binding on the rights ol,a purchaser for value without Knowledge. Cou ntersig ned: Stewad Title Insurance Company New York, New York Seriai NO. O 8911-556610 policy, you taUS1 lumJsh written notice in accordance with Section 3 of Ihe Conditions Visit our Word-Wide Web site al httg://www. StewattNewYork.corn File No.: ST10-07662 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 wflole or in part, or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an altorr~tive remedy, of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10 Any defect in or lien or encumbrance on the Title or other matter included veering Title as shown 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 insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or uther instrument of transfer in the (b) because the instrument of transfer vesting T~e as shew~ in Public Records thatvasts Title as shown in Schedele A. Schedule A constitutes a prefarential transfer under federal The Company wffi also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following mat~ers are expressly excluded Item the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: (a) Any law, ordinance, permit, or governmental regulation {including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, uso, or enjoyment of the La~d; (~i) the character, dimensions, or location of any improvement erected on the Land; (iii) the sub(fivision of land; or (iv) environmental protection; or the effect Of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exolusion l(b) does nut medity or limit the coverage provided under Covered Rick 6. 2. Rights el eminent domain. Ti~ic Exclusion does r,3t modify or limit the 5. coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured C~aimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid vaioe for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Thle for real estate taxes or assessments imposed by governmental au~odty and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Cond~tJons. (b) 'Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Erd~ty": A corporation, partnership, trust, lirnited liability company, or other similar legal entity. (d) 'thsufed": The Insured named in Schedule A. (i) The term =l~ured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personae representatives, or hex1 of kin; (B) successors to an Insured by dissolution, merger, consolidation, distdbutlen, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered wiiheut payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are whoity-ow~ed by the named insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are beth wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneliciary of a trust created by a wdt'en instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all dghts and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Cia~maat": An Insured olaiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowi~ge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impar~ constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does nut include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or watan~ys, but this does not modify or limit the extent that a dght of access to and from the Land is insured by this policy. (h) "Mottgage": Mortgage, deed of trust, trust deed, or ether security instrument, including one evidenced by electronic means authorized by law. (i) "Public Race,de": Records established under state statutes at Date of Policy for the purpose of impar§ng constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States Dicttlct Court for the dictdct where the Land is located. {j) "Title": The estate or interest described in Schedule A {k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title I Page 2 Serial No.: (~8911-556610 I File No.: ST10~7862 CONDITIONS (Continued) cokrI1NUATION OF INSURANCE The coverage of this policy shall continue in force as of Data of Policy in favor of an Insured, but only so long as the Insured retains a~ estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a pumhaser from the Insured, or only so long as the Insured shall have liab[rtiy by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured NO~ICE OF CLAIM TO BE GIVEN BY INSURED CLAJMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shell come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or {iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the ex~ect 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 paymenl that the Insured Claimant furnish a signed proof ol loss, The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of !oas or damage and shall state, to the extent pnssible, the basis of caidulating the amount of the loss or damage, DEFENSE AND PROSECUTION OF AC11ONS la) Upon written request by the Insured, and subject to the options contained in Section 7 of these Condigons, the Company, at its ovw cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third path/ asser[s a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of ectio~ alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject( to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or exponsas incurred by the Insured in the defense of those causes of action that allege metiers not insured against by this policy. lb) The Company shall have the dght, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, t~flether or not it shafi be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises tis rights under this subsection, it must do so diligently, (cl Wbenever the Company brings an action or asseds a defense as required or permitted by this policy, the Company may pursue the lltigation to a final determination by a court of competent jurisdiction, and it expressry reserves the right, in its sole discretion, to appoai any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE In all cases where this policy permits or requires the Company to proeecute or provide for the defense of any astJon or proceeding and any appeals, the Insured shall secure to the Company the right to so p~asecute or provide defense in the action or proceeding, including the right to use, at ~s option, the name of the insured tor this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in sasedng evidence, (~ obtaining witnesses, prosecuting or defending the action or proceeding, or affecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to astablish the Title or any other matter as insured. If the Company is prejudiced by the failure ol the insured to turnish the required cooperation1 the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable time~ and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pottath to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy ail of these records in the custody or control of a third pa,-[y that reasonably parta[n to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the aiaim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasoPably necass~ry inforr~ation from third parses as required in this subsection, unless prohibited by law or govemmeata] regulation, shall terminate any liability of the Company under this policy as to that claim. OP'FIONS TO PAY OR OTHERWISE SETI~E CLAIMS; TERMINATION OF UABIUTY In case of a claim under this po[icy, the Company shall have the following additional options: {a) TO Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authedzed by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exerdse by the Company of thLs option, all liability and obligations of the Company to the Insured under this policy, other than to make tl~e payment required in this sub~ecden, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other pardes for or in the name of an Ir'~sured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses thcurred by the Insured Claimant that were autbedzed by the Company up to the time of payment and that the Company is obligated to pay; or (ii) TO pay or otherwise settle wf[h the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expanses incurred by the Insured Claimast that were authodzeq by the Company up to the time of payment and that the Company is obligate~ to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend. prosecute, or continue any Itiigation. I Pa~Je 3 Serial No.: O-8911-556610 File No.: ST10-07862 CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF UABILITY This poricy is a contract el indemnity against actual monetary loss or damage sustained or iecurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for less or damage under this policy shall not exceed the lesser of (i) the Amoust of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the dsk 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 (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the dght to have the less or damage determined either as of the date the claim was made by the Insured Claimant or as of the dste it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of e dght of access to or from the Land, or ceres the claim of Unmarketable Title, ail as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigalion, including litigation by the Company or with the Company's consent, the Company shall have no liability for less 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 llable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prier wr~en consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF All paymests under this pollcy, except payments made for costs, attorneys' fees, and expenses, sh~ll reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedble B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or llen on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liapili~ and the extent of loss or damage have been deitblte~y fixed in accordance with these Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR $~ ~ ~LEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogeted and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the insured Claln~st has against any person or property, to the extent of the amount of any less, costs, attorneys' fees, and expanses paid by the Company. If requested by the Company, the insured Ctsimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insur6d Claimant spall permit the Company fo sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transastiee or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the insured to thdemnitJes, guaranties, other policies el insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consblidet[on with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connec§ee with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 sha, be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this palicy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. EABILITY EMITED TO THIS POUCY; POUCY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any prevision 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 Tiite or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized parson, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of tls terms and previsions. Except as the endorsement expressly states, it does not (i) medifl/any of the terms and provisions of the policy, (ii) modify any prior endorsemeht, (iii) extend the Date of Policy, or {iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that prevision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has undee~ritten the dsks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is Iccsted. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arpitretor apply its conflicts of law principles to determine the applicabts law. (c/ Choice et Form: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of Amedca or its territories having appropriate jurisdiction 18. NOTICES, WHERE SENT II Serial NO.: O-8911 556610 II File No: ST10~)7862 ALTA OWNER'S POIACY (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 Southold 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: p/o 11 p/o 012.001 stewaK title insurance companyt°°~'½ 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 comer formed by the intersection of the southeasterly side of Oregon Road and the northerly side of Cox's Lane: (1) North 32 degrees 10 minutes 52 seconds East, 222.47 feet to a point; (2) North 30 degrees 59 minutes 42 seconds East, 569.34 feet to a monument; (3) North 45 degrees 27 minutes 32 seconds East, 106.75 feet to a monument; (4) North 45 degrees 27 minutes 32 seconds East, 251.67 feet to the txue 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 seconds 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. Gmeb; 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 i'eet 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 6t 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) coarses 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. ALFA OWNER'S POEICY (6/17/06) SCHEDULE B PART 1 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: I. Boundary Agreement as set forth in Liber 9347 Page 155. 2. Survey exceptions set forth as follows: Northerly line - Line of cultivation, grass roadway and edge of vineyard vary 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 pan of record line; As shown on survey made by Young & Young, last dated 11/16/2010 (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 actual reading. 5. AS TO TAX LOT 0i 2.001: 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 Mafia Demchak and the Town of Southold. 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 ATrACHED TO AND MADE A PART OF POLICY NUMBER O-89II-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 sh0wu in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attactfing between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsemem is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of lnsmance. To the extent a provision of the policy or a previous endorsement is inconsistent with m~ express provision of tiffs endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the ternzs and provisions of the policy and of any prim- endorsements. DATED: December 8, 2010 Countersigned By: Authorized Olllee or Agent STEWART TITLE Stewart Title Insurance Company 300 East 42nd St,, 10th FI New York, New York 10017 STANDARD NEW YORK ENDORSEMENT (11/1/08) FOR USE WITH ALTA OWNER'S POLICY (6 17-06) N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation Division of Lands & Forests Bureau of Real Property, 5t~ Floor 625 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 .Fax: (518) 402-9028 Website: www dec.ny,9..o_.v_ January 4, 2011 Melissa Spiro Dept. of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easement: CE: Suffolk 539 Grantor: Maria and Michael Demchak Book: D00012646 Page: 798 The conservation easement cited above has been so identified for our indexing and filing purposes. This number may be needed for the lando~vner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. CLM:gm JAN-7 2011 DEFT. OF LAIiD ppESERVA!iON Very truly yours, Carmen L. Masters Bureau oi~Real Property MELISSA A. SPIRO LAND PRESERVATION COORDINATOR ~nelissa.spiro @ town.southold.ny.us Telephonc (631) 765-5711 Facsimilc (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 7, 2011 Maria & Michael Demchak 3206 Carnoustie Court Riverhead, NY 11901 Re~ NYSDEC Conservation Easements Registry CE: Suffolk 539 SCTM #1000-84-1-11.2 & 12.4 Dear Mr. & Mrs. Demchak: Please be advised that the Town's purchase of a development rights easement on property located at 14380 Oregon Rd & 22869 County Rd 48 in Cutchogue has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim a tax credit, please contact Carmen L. Masters at NYSDEC (518-402-9442) and refer to the assigned identifier CE: Suffolk 539. IVery truly yours, Melanie Dorogki Sr. Administrative Assistant enclosure MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 28, 2010 NYSDEC Bureau of Real Property 625 Broadway, 5th Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry DEMCHAK to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDiNG DATE: LIBER: PAGE: LOCATION: Maria Demchak and Michael Demchak Town of Southold 12/23/2010 D00012646 798 14380 Oregon Rd & 22869 County Rd 48, Cutchogue TOTAL EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: 26.6717 acres p/o 1000-084.00-01.00-011.000 and p/o 1000-084.00-01.00-012.001 n/k/a 1000-084.00-01.00-01 1.002 and 1000-084.00-01.00-012.004 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator eric. CCi Maria & Michael Demchak w~ enc. 3206 Carnoustie Court, Riverhead, NY 11901 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of~, ~' acres of active farmland and/or -- acres of non-farmland, situated at Suffolk County Tax Map No. p/o 1000-81-1-11 and 1000-84-1- 12.1 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor TOWN ~LD Southold, NY 11971-0959 (631) 765-1889 Landowner MARIA DEMCHAK 3206 Carnoustie Court Riverhead, NY 11901 MICHAEL DEMCHAK 3206 Carnoustie Court Riverhead, NY 11971 STATE OF NEW YORK COUNTY OF SUFFOLK ) ) On the ~'~/-~ day of ~, 2010, before me personally appeared R~F~=.L, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to b~?u~ me that he executed the same in his capacity as~Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF NEWYORK ) COUNTY OF SUFFOLK) )SS: PATRICIA L FALLON Notary Public, State O~ New York No. 01FA4950146 Qualified in Suffolk County Commission Expires April 24, On the ~ day of ~, 2010, before me personally appeared MARIA ~- t~ t CH~L~L DEMCHAK, personally known to me or provided to me on the basis of satisfactory evidence to be the individual~whose name~bC~ubscribed to the within instrument and acknowledged to me thadhe~she executed the same as owner)of the subject premises; and that by her/'~p'~; signature on the instrument, the individua~ or the persons upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qua ~ied In Suf olk County Commission Exp res Apri 24, ~J/ STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) On the day of '-,,-.2~010, before me personally appeared MICHAEL DEMCHAK, personally known to me or'pro, yided to me on the basis of satisfactory evidence to be the individual whose name is subscribSd-.t.0 the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKI~!TS 10B Airline Drive Albany, New York 12235 Division of Agrlcultural Protection 6md Development Services 518-457-2713 Fox. 518-457-2716 Melissa Spire Land Preservation Coordinator Town of Southold Dept. of Land Preservation PO Box 1179 Southold, NY 11971-0959 December 30, 2010 RE: Rights Waiver - Town of Southold - Suffolk County - Purchase of Development Dear Ms. Spire: The Department has reviewed documentation submitted by the Town of Southold to waive the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by Maria Demchak and Michael Demchak for approximately 24.6 acres of active farmland located at 1000-81-1-11 and 1000-84-1-12.1, Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and I NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of a conservation easement on the referenced parcels by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice previsions could still apply to those parcels. Sincerely, Manager, Agricultural Protection Unit CC: Dave Behm, Farmland Protection Unit Bennett S. Orlowski, Jr., Chair, Suffolk County AFPB File No.: AP 10/062-W LJAN -3 201] DEPT. OF LAND PRES£RVATI(~N MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro Co) 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 December 28, 20 l0 Bob Somers, Ph.D Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 1 OB Airline Drive Albany, NY 12235 Re: DEMCHAK to TOWN OF SOUTHOLD Part of SCTM # 1000-84.- 1-11 & 12.1 Dear Mr. Somers: Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was executed by Southold Town Deputy Supervisor B. Phillip Beltz, Maria Demchak and Michael Demchak at the time of closing on a development rights easement on active i~armland formerly identified as parts of SCTM #1000-84.-I-11 & 12.1. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: Maria Demchak and Michael Demchak Town of Southold 12/23/2010 D00012646 798 14380 Oregon Rd & 22689 County Rd 48, Cutchogue TOTAL EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: 26.6717 acres p/o 1000-084.00-01.00-011.00 and 1000-084.00-01.00-012.001 n/k/a 1000-084.00-01.00-011.002 and 1000-084.00-01,00-012.004 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. P R O P E R T Y R E C O R D S MARIA & MICHAEL 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 County Road 48 Cutchogue, New York Closing held: Wednesday, December 8, 2010 Southold Town Hall Annex (from left to right) B. Philip Beltz, Deputy Town Supervisor Maria Demchak Michael Demchak MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa 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, Ne~ York MAILING ADDRESS: P.O Box 1179 Southold, NY 11971-0959 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: December10,2010 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 CODA") consisting of 4 residential lots. File ¥iew Toolbar Help FiFe ¥iew Toolbar Help 0 P E N D E V E L O P M E N T A R E A JOHN P. TAGGAR~ ESQ, LAW OFFICES PETER S. DANOWSKI, ,.JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E-Mail: pdanowski@danowskilaw.com Jtaggart@danowskllaw.com January l3,2011 Southold Town Clerk 54375 State Route 25 Southold, NY 11971-0959 Re: Maria and Michael Demchak - property in Southold Town Dear Sir or Madam: Enclosed please find proof of filing of ODA Map. The map was filed in A-715 on January 7, 2010. Very truly yours, Peter S. Danowski, Jr. cc: Mr. and Mrs. Michael Demchak DEPT. OF IANO PRESERVATION FILED JAN 0 7 2011 ~_.//.'e, o._,¢/~ Judith A. Pascale CLERK OF SUFFOLK COUNTY ~:;~JRV~TOR ~ GEI~TIFIC, ATION ' '~ "1 ~ OERTIP'Y THAT THI.~ HAP COh'~LETEi::;. APRIL 2,2009 AN~ THAT f:4-1ok,~ ANI2 ALL I211'¢fl~NSIONAL AND' I-kD~LAF~D I~. YOUNg, N.¥.5, L.5. NO. ~D 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 To~vn 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 mrd 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 Enviromnental 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 detemfined 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 residemial 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 10 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 RESOLUTION 2010-913 ADOPTED DOC ID: 6374 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-913 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 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; now, therefore, be it RESOLVED that 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 hereby accepts the petition of Michael Demchak to establish open development area as complete~ and hereby sets Tuesday~ November 30~ 2010~ at 7:37 p.m., Southold Town HalL 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on property owned by Michael Demchak~ 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. The proposed open development area is located on 7.231_+ acres of the 33.9890+ acre parcel. The open development area consists of 4 lots on approximately 7.231 +acres to include 4 residential lots. 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. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. 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 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that 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 hereby accepts the petition of Michael Demchak to establish open development area as complete~ and hereby sets Tuesday~ November 30~ 2010~ at 7:37 p.m. Southold Town HalL 53095 Main Road~ Southold, New York~ as the time and place for a public hearing for the establishment of an open development area on property owned by Michael Demchak~ 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. The proposed open development area is located on 7.231+ acres of the 33.9890+ acre parcel. The open development area consists of 4 lots on approximately 7.23 l+acres to include 4 residential lots. 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. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: November 16, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON November 24, 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 Planning Dept Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING November 30, 2010 7:37 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper This hearing was opened at 7:55 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that 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 hereby accepts the petition of Michael Demchak to establish open development area as complete~ and hereby sets Tuesday~ November 30~ 2010~ at 7:37 p.m, Southoid Town Hall, 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on proper .ty owned by Michael Demchak~ said property is identified as part of S CTM #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. The proposed open development area is located on 7.231+ acres of the 33.9890+ acre parcel. The open development area consists of 4 lots on approximately 7.231 +~acres to include 4 residential lots. 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. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. This notice was published in the Suffolk Times on the 25th of November, 2010 and it was posted on the Town Clerk's bulletin board on the 22'*d day of Novcmbcr, 2010. And that is it. Demchak Open Development Purchase 2 Novembe~ ~0, 2010 SUPERVISOR RUSSELL: Would anybody like to come up and address thc Town Board on this particular acqms~t~on. PETE DANOWSKI: My name is Pete Danowski, I am very bricf, i caused the petition to be filed tbr this open space, I would like to thank Melissa, other members of the Planning staff and the coordination with the various committees that havc considered the layout of a future subdivision of a small number of lots here and so the open development area is part of that process and hopefully you will adopt the resolution tonight. If that happens, in fhct, they will be closing next week. So thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. I want to comment that this is actually, 1 believe, a family that sold development rights in the past, so I want to thank them again for their commitment. MR. DANOWSKI: That is correct. On the Cox Lane area, the Demchuk's have sold development fights in the past. And you tie that together with the Lieb vineyard areas and we have got a nice stretch of land there. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular hearing? (No response) This hearing was closed at 7:59 PM Linda J. Cooper Deputy Town Clerk PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 November 16, 2010 Peter S. Danowski, Jr., Esq. 616 Roanoke Avenue Riverhead, NY 11901 NOV 17 2010 DEPT.. OF LAI~I) PRESERVATION Re: Sketch Approval: Proposed Conservation SUbdivision for Michael and Maria Demchak Located on Oregon Road, Cutchogue SCTM#:1000-84-1-11 &12.1 Zoning District: A-C Dear Mr. Danowski: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 15, 2010: The public hearing was closed. WHEREAS, this is a proposed 5-lot 75/75 conservation subdivision on 33.9890 acres in the A-C Zoning District as the first step in creating an Open Development Area (ODA). Lot 1 totals 66,728 square feet, Lot 2 totals 77,348 square feet, Lot 3 totals 60,213 square feet, and Lot 4 totals 111,450 square feet where 44,768 square feet of Lot 4 are clustered subdivision open space. Lot 5 which totals 1,161,821 square feet will have the Development Rights sold to the Town of Southold in December 2010; and WHEREAS, an application for sketch approval was submitted on September 29, 2010, including the sketch plan prepared by Howard W. Young, LOS., dated July 20, 2010 and last revised on November 2, 2010; and WHEREAS, on October 4, 2010, the Southold Town Planning Board, reviewed and accepted the application for formal review; and WHEREAS, this proposed conservation subdivision has 44,768 square feet of clustered subdivision open space located within Lot 4 which shall remain unbuildable pursuant to Southold Town Code §240-42; and Michael & Maria Demchak PaRe Two November 16, 2010 WHEREAS, on October 5, 2010, referrals were sent to the following agencies for comment on the above-referenced project: · Town of Southold Engineer · Cutchogue Fire Distdct · Town of Southold LWRP Coordinator · Suffolk County Planning Commission; and WHEREAS, on October 20, 2010, the Cutchogue Fire District submitted comments on the above-referenced application; and WHEREAS, the Suffolk County Planning Commission deemed the application a matter of local determination; and WHEREAS, on November 1, 2010, the Southold Town LWRP Coordinator submitted comments on the above-referenced application; and WHEREAS, on November 8, 2010, the applicant submitted revised sketch plans and a draft access easement allowing for access from Cox Lane to Lot 4; and WHEREAS, on November 10, 2010 the Southold Town Engineer submitted comments on the above-referenced application; and WHEREAS, those comments have been considered and accepted by the Southold Town Planning Board and have been incorporated into the sketch plan for the above- referenced application; and WHEREAS, the submitted application and revised maps meet all of the requirements for sketch approval; and WHEREAS, on November 15, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, initiated the SEQRA lead agency process f'or this Unlisted Action; and WHEREAS, on November 15, 2010, a public hearing for the above-referenced application was held and closed; be it therefore RESOLVED, that the Southold Town Planning Board acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action and as lead agencY, makes a determination of non-significance and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board determines this action to be consistent under the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further Michael & Maria Demchak PaRe Three November 16, 2010 RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval on the Sketch Plat prepared by Howard W. Young, LS., dated July 20, 2010 and last revised on November 2, 2010. Sketch Plan Approval is valid for six months from the date of issuance, unless extended by resolution of the Planning Board. Enclosed please find a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Ve.~t, ruly yours, , Martin H. Sidor Chairman Encl. cc: Suffolk County Planning Commission Suffolk County Department of Health Services PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSICI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 15, 2010 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Open Development Area Conservation Subdivision for Michael and Maria Demchak SCTM#: 1000-84-1-11 & 12.1 Location: Oregon Road, Cutchogue SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This Open Development Ama Conservation Subdivision is a proposed 5-lot 75/75 conservation subdivision on 33.9890 acres in the A-C Zoning District. Proposed Lot 1 will total 66,728 square feet, Proposed Lot 2 will total 77,348 square, Proposed Lot 3 will total 60,213 square feet, Proposed Lot 4 will total 111,450 square feet where 44,768 square feet are clustered subdivision open space & Proposed Lot 5 will total 1,161,821 square feet where the Development Rights will be sold to the Town of Southold in December 2010 for the purpose of farmland preservation. Pursuant to Article VIII of the Southold Town Code, the Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection c ~ructures to which access is given L..ight-of-way or easement. Such right shall be in accordance with the designated zoning district and the density and minimum lot size for the property in effect at the time of the establishment of the Open Development Area. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: It is estimated that the proposed 4 residential lots will use approximately 1,200 gallons of water ~3er day. Sanitary disposal withi~ the proposed subdivision will be managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is computed using SCDHS manual Standards for Approval o~ Ptans and Construction for Sewage Disposal Systems for Other Than Singl~ Family Residences. The manual establishes the design flow as follows: SINGLE FAMILYDWELLING: 300 .qpd x 4 dwellings = f200 gpd Therefore, the proposed application will conform to Article VI of the Suffolk County Sanitary Code and wil not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. No substantial adverse change ~n existing air quality, ground or surface water quality or quantity, traffic or noise levels, nor are a substantial increase in solid waste production, flooding, leaching or drainage problems expected to occur if the proposed action is implemented as planned. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. This conservation subdivision will preserve 75% of the buildable lands of the parcel. The parcel is currently in agricultural production with an existing residential lot. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur as a result of the proposed action. The Planning Board is requiring that eac, ~sidential lot contain a vegetative b ~r on the lot to minimize user conflicts of the residential and agricultural properties. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. To the contrary, this proposal meets the Town's goal of preserving active agricultural lands. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. The parcel is located in an area comprised of residential and agricultural land uses. The location of the lots are similar in design and configuration of existing lots within the proximity. No known occurrence of archaeological resources have been identified. No major change in the use of either the quantity or type of energy will occur. The lots being created are not expected to have an over-all impact on energy resources. No creation of a hazard to human health will occur, The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The standard subdivision will commit 80 percent of the buildable lands to perpetual open space. Based upon such, no significant adVerse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Tamara Sadoo, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 CC: Suffolk County Planning COmmission Suffolk County Department of Health Services A E R I A L S S U R V E Y I I arc/i:. ~/ughEa r°~n o~ 5mUthold - (SubJ~c~ ~o O~n o~ SoUEhold D~¥~l°prn~nt Righ~) ~X'~ LAN~ ~o Lot 6 A~'A = 2.6~74 AxDp.~5 ~ I'4AP no~ or ~orrn~rl~ De Art of N~ur~ LLc NOV 2 2 2010 DEPT. OF LAND PRESERVATION FINAL SURVEY 511~: DATA TOTAL AF~EA: AG~UISITION PAP. C,~:L A~,~A = ~TAINED PA~GEL 'A' AREA = ~TAI~O PA~GEL '~' A~A = ~UP. VD`fOR.'5 C. ERTIFIOATION DEMCHAK~ MARIA DEMCHAK & BTEWART TITLE f TOY4N OF= SOUTHOLD Cutchogue, To~n oF Sout. holcl Suffolk Oounf.], Ne~ 'fork AO~UISITION MAP Iooo 54 Ol A E R I A L M A P M Maria ichae and Demchak Town Development Rights P rch e Map Prepared by Town of Southo~d G]S April 5, 2010 ~ aad M~chael Demchak SCTM#1@@@~84~-l~ll