HomeMy WebLinkAboutL 12106 P 903 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: MODIFF - COVENANT OR RESTRICTI Recorded: 03/12/2001
Number of Pages: 9 At: 09 : 13 :23 AM
LIBER: D00012106
PAGE : 903
District: Section: Block: Lot:
1000 035 . 00 08 . 00 005. 003
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $27 . 00 NO Handling $5 . 00 NO
COE $5 . 00 NO Notation $0 . 50 NO
Cert.Copies $4 . 50 NO RPT $15 .00 NO
SCTM $0 . 00 NO
Fees Paid $57 . 00
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
LI 2 3
Number of pages
20c: "at
TORRENS
Serial
,ij,F-:k rOUr!TY
Certificate
Prior Ctf.#
Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps
4 1 FEES
Page I Filing Fee Mortgage Amt.
Handling 1.Basic Tax
TP-584 2.Additional fax
Notation Sub Total
EA-52 17(County) Sub Total Spec./Assit.
Or
EA-5217(State) Spec./Add,
R.P.T.S.A. TOT.mTG.TAX
Dual TownDualCounty—
Comm.of Ed. 50 I leld for Apportionment
Affidavit Transfer Tax
Mansion Tax
The property covered by this mortgage is or
Reg.Copy will be improved by a one or two family
Sub Total dwelling only.
Other Yr.S_orNO
GRAND TOTAL If NO,see appropriate tax clause on page#
of this instrument.
5 R Re-al Property Tax Service Agency Verification Corninunity Preservation Fund
Dist. Section Block Lot Consideration Amount $
S in 1)_31 Qfco CPF'Tax Due
nL f Improved
Initialt/2— Vacant Land
7 Satisfactions/Discharges/Releases List Property Owners Mailing AddressTD
RECORD&RETURN TO: l TD
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Co. Name Gv 1,i f�T-IP
Title 9
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9 Suffolk County Recording & Endorsement Page
This page lbinis part of die attached by:
(SPECIFY TYPE OF INSMUNIENI")
C-v s 1Y)A(Z PFA LTI/ 032A Ale premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the Township of /-to
cW— ��_ ttj—)o I cl In the VILLAGE,
or I IAMLET of
BOXES 5 iHRu 9 musT BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
AMENDMENT TO DECLARATION
OF PROTECTIVE COVENANTS AND RESTRICTIONS
AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND
RESTRICTIONS ("Declaration") made this & day offfAvacK , 2001, by Peter Fakiris,
President of Gusmar Realty Corp. (hereinafter referred to as "Declarant').
WITNESSETH:
WHEREAS, Gusman Realty Corp., by Declaration dated and recorded in the Office
of the Clerk of Suffolk County on July 23, 1992, in Liber 11506 page 123 et seq., submitted
the property described on Schedule A annexed hereto, to the provisions of such
Declaration.
WHEREAS, pursuant to the resolution of the Planning Board of the Town of
Southold dated September 28, 1999, Declarant is desirous of amending Condition Number
11 of such Declaration pertaining to the dock on the property to conform to such
Resolution.
NOW, THEREFORE, Condition Number 11 of such Declaration is deleted in its
entirety and replaced with the following:
"The dock will be conveyed to the Summit Estates Home Owners Association Inc.,
subject to the following conditions:
1. The use of the dock for docking and mooring purposes shall be limited to
that allowed under chapter 100-31 C.(3)(a)of the Town Code of the Town of
Southold. As per this Section of the Code, no more than two (2) boats other
than those owned and used by the owner of the premises, shall use the dock
for docking or mooring purposes.
In order to further ensure that the use of the dock for docking or mooring
purposes remains similar to that allowed for a single family dock, and does
not result in a marina type use for boats owned by the Summit Estates Home
Owners Association, Inc., the docking or mooring of boars are limited to the
area of the existing "T" portion (the area which is parallel to the shoreline)of
the dock.
iMan,Gt922R53.1
No more than 2 boats other than those owned and used by the Summit
Estates Home Owners Association, Inc., shall use the dock for docking or
mooring facilities. Slip No. 1 may be used exclusively by Peter Fakiris or his
designee and Slip No. 2 may be used exclusively by the Owner of Lot No.
33.
2. All members of the Summit Estates Home Owners Association, Inc., shall
have the right to use the dock for purposes other than that of docking and
mooring of boats. These uses shall include, but not be limited to uses such
as walking on the dock and fishing from the dock.
Except as hereinabove stated, the aforesaid Declaration of Condominium shall
remain in full force and effect.
GUSMAR REALTY CORP.
PETEIR F KIRIS, President
ATTEST:
Secretary
[Corporate Sea]]
STATE OF NEW YORK )
COUNTY OFLNE=NS )
On the �3 day of OAA('-ck Z0i in the year 2001, before me, the undersigned,
personally appeared PETER FAKIRIS, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
DONNA M. N X�
NOTARY PUBLIC, Stateate of of New York lY'
No.41-4796600
Qualified in Queens County Notary Public
Term Expires September 30,20 01
PARCELI
ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at the intersection of the westerly side of Shipyard Lane and the southerly side of
Main Road (N.Y.S. Rte. 25);
RUNNING THENCE from said point of beginning along the westerly side of Shipyard Lane the
following two (2) courses and distances:
1. South 37 degrees 45 minutes 52 seconds East, 833.33 feet;
2. South 37 degrees 06 minutes 12 seconds East, 9.98 feet to land now or formerly of
Gusmar Realty Corp.
RUNNING THENCE along land now or formerly of Gusmar Realty Corp. the following thirteen
(13) courses and distances:
1. South 52 degrees 53 minutes 48 seconds West, 200.00 feet;
2. South 37 degrees 06 minutes 12 seconds East, 63.84 feet;
3. South 52 degrees 14 minutes 08 seconds West, 201.23 feet;
4. South 69 degrees 05 minutes 45 seconds West, 90.15 feet;
5. South 54 degrees 15 minutes 38 seconds West, 161.50 feet;
6. South 35 degrees 44 minutes 22 seconds East, 45.00 feet;
7. on a curve to the left having a radius of 120.32 feet, a distance of 166.66 feet;
8. South 25 degrees 06 minutes 12 seconds East, 50.00 feet;
9. on a curve to the right having a radius of 170.32 feet, a distance of 35.58 feet;
10. South 06 degrees 23 minutes 29 seconds East, 115.00 feet;
11. South 76 degrees 22 minutes 24 seconds East, 118.03 feet;
12. South 20 degrees 18 minutes 14 seconds West, 173.64 feet;
13. South 55 degrees 27 minutes 28 seconds West, 160.97 feet to land now or formerly of
John and Marguerita Tam Aexel;
RUNNING THENCE North 34 degrees 32 minutes 32 seconds West along land now or formerly
of John and Marguerita Tam Aexel and along land now or formerly of Otto and June
Schoenstein, 185.38 feet to land now or formerly of Gusmar Realty Corp.;
RUNNING THENCE along land now or formerly of Gusmar Realty Corp. the following seven (7)
courses and distances:
1. North 55 degrees 27 minutes 28 seconds East, 200.18 feet;
2. North 06 degrees 23 minutes 29 seconds West, 127.40 feet;
3. on a curve to the right having a radius of 170.32 feet, a distance of 180.30 feet;
4. North 35 degrees 44 minutes 22 seconds West, 404.01 feet;
5. on a curve to the left having a radius of 40.00 feet, a distance of 34.53 feet;
6. on a curve to the right having a radius of 60.00 feet, a distance of 213.52 feet;
7. North 28 degrees 41 minutes 56 seconds East, 102.09 feet to land now or formerly of New
York State Department of Public works;
RUNNING THENCE along land now or formerly of New York State Department of Public Works
the following five (5) courses and distances:
1. South 33 degrees 35 minutes 38 seconds East, 90.04 feet;
2. North 56 degrees 24 minutes 22 seconds East, 300.00 feet;
3. North 33 degrees 35 minutes 38 seconds West, 300.00 feet;
4. South 56 degrees 24 minutes 22 seconds West, 265.00 feet;
5. North 33 degrees 35 minutes 38 seconds West, 201.82 feet to the southerly side of Main
Road (N.Y.S. Rte. 25);
RUNNING THENCE along the southerly side of Main Road (N.Y.S. Rte 25) the following two (2)
courses and distances:
1. North 63 degrees 43 minutes 48 seconds East, 17.09 feet;
2. North 56 degrees 30 minutes 55 seconds East, 430.21 feet to the westerly side of Shipyard
Lane and the point or place of BEGINNING.
PARCEL II
ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road (N.Y.S. Rte. 25), said point being
situate the following two (2) courses and distances, as measured along the southerly side of
Main Road (N.Y.S. Rte. 25) from the intersection of the southerly side of Main Road (N.Y.S.
Rte. 25) and the westerly side of Shipyard Lane;
1. South 56 degrees 30 minutes 58 seconds West, 430.21 feet;
2. South 63 degrees 43 minutes 48 seconds West, 52.38 feet;
RUNNING THENCE from said point of beginning, South 33 degrees 35 minutes 38 seconds East
along land now or formerly of New York State Department of Public Works, 282.06 feet to land
now or formerly of Gusmar Realty Corp.;
RUNNING THENCE South 54 degrees 15 minutes 38 seconds West along land now or formerly
of Gusmar Realty Corp, 346.24 feet to land now or formerly of Larry D. and Allison C. Bouts;
RUNNING THENCE North 35 degrees 44 minutes 22 seconds West along land now or formerly
of Larry D. and Allison C. Bouts and along land now or formerly of Antonios G. and Caliope
Katsimatides, 402.50 feet to the southerly side of Main Road (N.Y.S. Rte 25);
RUNNING THENCE along the southerly side of Main Road (N.Y.S. Rte 25) the following three
(3) courses and distances:
1. North 70 degrees 34 minu5tes 48 seconds East, 93.75 feet;
2. North 76 degrees 32 minutes 48 seconds East, 221.37 feet;
3. North 63 degrees 43 minutes 48 seconds East, 62.85 feet to land now or formerly of New
York State Department of Public Works and the point or place of BEGINNING.
PARCEL III
ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at the northeasterly corner of the parcel about to be described, said point being
situate the following five (5) courses and distances from the intersection of the westerly side
of Shipyard Lane and the southerly side of Main Road (N.Y.S. Rte. 25);
1. South 37 degrees 45 minutes 52 seconds East along the westerly side of Shipyard Lane,
833.33 feet to a point;
2. South 37 degrees 06 minutes 12 seconds East still along the westerly side of Shipyard
Lane, 702.48 feet to land now or formerly of Gusmar Realty Corp. and the southerly terminus
of the arc of a curve connecting the westerly side of Shipyard Lane and the southerly side of a
fifty (50) foot wide Easement for ingress and egress for this Parcel III of "Map of Summit
Estates, Section 1";
3. on a curve to the left connecting the westerly side of Shipyard Lane and the southerly side
of the aforementioned Easement, having a radius of 40.00 feet, a distance of 62.83 feet to the
westerly terminus of the arc of curve connecting the westerly side of Shipyard Lane and the
southerly side of the aforementioned Easement;
4. South 52 degrees 53 minutes 48 seconds West along the southerly side of the
aforementioned Easement, 248.00 feet to a point;
5. on a curve to the left having a radius of 810.00 feet still along the southerly side of the
aforementioned Easement a distance of 4.62 feet;
RUNNING THENCE from said point of beginning, South 36 degrees 51 minutes 12 seconds East
along land now or formerly of Gusmar Realty Corp. and land now or formerly of Parkside
Heights Co., 806.96 feet to land now or formerly of Parkside Heights Co.;
RUNNING THENCE along land now or formerly of Parkside Heights Co. and along land now or
formerly of Cleaves Point Condominium the following two (2) courses and distances:
1. South 54 degrees 06 minutes 18 seconds West, 206.72 feet;
2. South 10 degrees 39 minutes 48 seconds West, 540.89 feet to the high water mark of
Gardiners Bay;
RUNNING THENCE North 88 degrees 30 minutes 49 seconds West along the high water mark
of Gardiners Bay, 97.34 feet to land now or formerly of Crescent Beach Condominium;
RUNNING THENCE along land now or formerly of Crescent Beach Condominium and along land
now or formerly of Gusmar Realty Corp., the following three (3) courses and distances:
1. North 10 degrees 39 minutes 48 seconds East, 513.12 feet;
2. North 54 degrees 06 minutes 18 seconds East, 203.55 feet;
3. North 36 degrees 51 minutes 12 seconds West, 758.07 feet to the southerly side of the
aforementioned fifty (50) foot wide Easement;
RUNNING THENCE on a curve to the right having a radius of 810.00 feet along the southerly
side of the aforementioned Easement a distance of 100.32 feet to the point or place of
BEGINNING.
AMENDMENT TO DECLARATION
OF PROTECTIVE COVENANTS AND RESTRICTIONS
DECLARANT: GUSMAR REALTY CORP.
13-1537 1h Avenue
Long Island City, NY 11101
DATE OF RECORDING
ORIGINAL DECLARATION: July 23, 1992
DATE OF RECORDING
AMENDMENT TO DECLARATION: M PrCc.\k 6 , 2001
Record and Return to:
CERTILMAN BALIN ADLER & HYMAN, LLP.
The Financial Center at Mitchel Field
90 Merrick Avenue
East Meadow, New York 11554
Attn.: IRA J. ADLER, ESQ.
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