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Home My WebLink AboutL 13147 P 609 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII , , ; a��;:, IIIIIIIVIIIVIIIIIIIIIII . � ' SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 03/17/2022 Number of Pages: 8 At: 03 :21 : 38 PM Receipt Number : 22-0046513 :' '• LIBER: D00013147.:; PAGE : 609 District: Section: Block: Lot: 1000 095 . 00 04 . 00 003 .001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00_ NO TP-584 $0 . 00 NO Notation �a. $0 . 00. Cert.Copies $10 . 00 NO RPT $200 .00 NO Fees Paid $290 . 00-, THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL j JUDITH A. PASCALE County Clerk, Suffolk County 'r.mp : 3. 4 R.c Number of pages RECORDED 2022 Nar 17 03:21:38 PN jUDITH R. Pa_CALE This document will be public CLERK OF record.Please remove all SUFFOLK COUNTY L DO 1013147 Social Security Numbers P E09 prior to recording. Deed/Mortgage Instrument Deed/Mortgage 3 Tax Stam P Recording/Filing Stamps FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 1.Basic Tax 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. EA-52 17(County) SubTotal or Spec./Add. _ EA-5217(State) � TOT.MTG.TAX R.P.T.SA. Dual Town Dual County Comm.of Ed. S. 00 Held forAppointment Transfer Tax _ Affidavi • Mansion Tax Certified Copy The property covered by this mortgage Is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. // Other YES orNO Grand Total If NO,see appropriate tax clause on page p of this inst gt..4 Dist. 4771716 1000 09500 0400 00300 F/o(lt7 5 CommunityPreservationF Real Property P T S IIIIIIIIDII�II�IIO�®�� Tax Service R SMI A Consideration Amount$ Agency 10-FEB-22 0 CPF Tax Due Verification $ Satisfactions/Discharges[Releases Ust Prope Improved 6 �R1tCORD/&/RETURN TO Owners Mailing Address 7&x oP SUU-1-h l/d Vacant Land 5MKlvdll/ Rood TD J'au/hoAl A/y /M/-affq TO TD Mail to:Judith A.Pascale,Suffolk County perk Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk co.Name f �l/ / Title# 8 Suffolk County RecordingA & Endorsement Page This page forms part of the attached ��f/F/I/l/JtSQ//d�PSlj/C/7b�3 made by: (SPECIFY TYPE OF INSTRUMENT) 9116kdkz/,,,na/d/�Jps 1_C The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of_ PDl/rho/d Taws oFSbulho/d In the VILLAGE or HAMLET of BOxES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 3fd day of &e6nby 2021, by MATTITUCK FARM HOLDINGS, LLC, with anaddress of 2299 North Sea Road, Southampton, New York 11968, hereinafter referred to as the "DECLARANT". WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 8500 Alvah's Lane, Cutchogue in the Town of Southold, County of Suffolk, and State of New York, designated as SCTM #1000-95.-4-3.1 and shown on a survey prepared September 10, 2021, by John Minto, L.L.S. of JM Land Surveying, a reduced copy of which is attached hereto as Exhibit "A" and made a part hereof, and described in the metes and bounds description attached at Exhibit`B" and made a part hereof(the "Property"); and WHEREAS, the Survey shows a Development Rights Easement Area of 23.81 acres and a Reserved Area (or Development Area) of 2.26 acres, both described in the metes and bounds description attached as Exhibit "C" and "D", respectfully; and WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board") has deemed it in the best interests of the Town of Southold (the "Town") and the owner and prospective owners of the Property, that the within covenants and restrictions be imposed on the Property, and as a condition of acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of DECLARANT and subsequent owners of the Property; and NOW THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANT shall not sell, transfer, gift or otherwise relinquish ownership of the Reserved Area unless such is conveyed together with the Development Rights Easement Parcel (Area) into the same Grantee; and will not make an application for or seek any relief from the Town of Southold that would allow subdivision of the Reserved Area from the area subject to the Deed of Development Rights Easement. Notwithstanding, said Development Rights Easement Parcel is subject to the provisions set forth in Section 303 of the Grant of Development Rights Easement which reads as follows: "3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law Section 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 area acquired into two or more parcels, in whole or part. Grantor may, subject to approval of the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, 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 death of Grantor or its Members, 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 Reserve Area must always be associated with a Development Rights Easement Parcel which contains at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this Declaration, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. CK FARM HOLDINGS, LLC By: Peter Talty, ice President STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the � day of _, 2021, before me, the undersigned, personally appeared Peter Talty, 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, and that such individual made such appearance before the undersigned. otary Public Jeanne D. Giarratano Notary Public, State of New York No. 01G16094250 Qualified in Suffolk County � Commission Expires June 16, 2023 APstewart EXHIBIT "B" TITLE Title Number: 71174659 AS TO TOTAL PARCEL AREA: ALL that certain plot, piece or parcel of land lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northeasterly side of Alvahs Lane distant 1017.05 feet southeasterly as measured along northeasterly side of Alvahs Lane from the corner formed by the intersection of the northeasterly side of Alvahs Lane and be southeasterly side of Oregon Road; THENCE North 56 degrees 53 minutes 00 seconds East, along land now or formerly of Mattituck Farm Holdings LLC, 680.26 feet to other lands now or formerly of Mattituck Farm Holdings, LLC; THENCE along the last-mentioned land, South 36 degrees 21 minutes 30 seconds East, 1601.41 feet (actual), (1602.32 feet deed) to land now or formerly of Samolewski Living Trust; THENCE along said last mentioned land, South 55 degrees 30 minutes 06 seconds West, 731.91 feet (actual), (South 55 degrees 26 minutes 50 seconds West, 731.17 feet deed) to the northeasterly side of Alvahs Lane; THENCE along the northeasterly side of Alvahs Lane the following two (2) courses and distances: 1. North 34 degrees 30 minutes 10 seconds West, 886.70 feet (actual), (888.29 feet deed) to a point; 2. North 34 degrees 30 minutes 10 seconds West, 730.27 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. Schedule A Description (Page 2 of 3) - stew ar` EXHIBIT "C" a TITLE Title Number: 71174659 SCHEDULE A— DESCRIPTION REVISED 10/8/2021 AS TO DEVELOPMENT RIGHTS EASEMENT (TO BE INSURED): ALL that certain plot, piece or parcel of land lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northeasterly side of Alvahs Lane distant 1017.05 feet southeasterly as measured along northeasterly side of Alvahs Lane from the corner formed by the intersection of the northeasterly side of Alvahs Lane and be southeasterly side of Oregon Road; THENCE North 56 degrees 53 minutes 00 seconds East, along land now or formerly of Mattituck Farm Holdings LLC, 680.26 feet to other lands now or formerly of Mattituck Farm Holdings, LLC; THENCE along the last-mentioned land, South 36 degrees 21 minutes 30 seconds East, 1601.41 feet (actual), (1602.32 feet deed) to land now or formerly of Samolewski Living Trust; THENCE along said last mentioned land, South 55 degrees 30 minutes 06 seconds West, 731.91 feet (actual), (South 55 degrees 26 minutes 50 seconds West, 731.17 feet deed) to the northeasterly side of Alvahs Lane; THENCE along the northeasterly side of Alvahs Lane, North 34 degrees 30 minutes 10 seconds West, 858.85 feet; THENCE North 55 degrees 29 minutes 50 seconds East, 371.02 feet; THENCE North 34 degrees 30 minutes 10 seconds West, 265.33 feet; THENCE South 55 degrees 29 minutes 50 seconds West, 371.02 again to the northeasterly side of Alvahs Lane; THENCE again along the northeasterly side of Alvahs Lane, 492.79 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the parry of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. - Schedule A Description (Page 1 of 3) - APstewart EXHIBIT "D" TITLE Title Number: 71174659 AS TO RESERVED AREA: ALL that certain plot, piece or parcel of land lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northeasterly side of Alvahs Lane distant 1509.84 feet southeasterly as measured along northeasterly side of Alvahs Lane from the corner formed by the intersection of the northeasterly side of Alvahs Lane and be southeasterly side of Oregon Road; RUNNING THENCE North 55 degrees 29 minutes 50 seconds East, 371.02 feet; THENCE South 34 degrees 30 minutes 10 seconds East, 265.33 feet; THENCE South 55 degrees 29 minutes 50 seconds West, 371.02 feet to the northeasterly side of Alvahs Lane; THENCE along said northeasterly side of Alvahs Lane, North 34 degrees 30 minutes 10 seconds West, 265.33 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. Schedule A Description (Page 3 of 3) - i SITE: 600 KEY MAP f" = 600' 6� 5 TOTAL AREA=26.07 ACRES f;wn C-1—1 Fiuhts Casement A,. =23.81 ACRES of 3 SUFFOLK COUNTY TAX MAP# o1000-95-04-3.f 105" -4 t ,yy , 2� 98,44.aq.ff. 2.26 ones Y "b 4 r �O• N I I �'� _e�ydosVt r p4 a 1 a`1 I Survey of Property Cutchogue Town of urn sunvenrvc Southold Suffolk County, New York M90I'tO"' Tax Map 81000-95-04-3.1 Scale 1"= Certified to: 80' September 10,2021 A.., sown of SoutholdGRAPHIC SCALE �-^'^•^'�"y' "'�^•^"'^"�' Mcllituck Farm Holdings,LLC Phoae:(831)7244832 ^.....a Stewart Rte Insurance Co. 93 SHOW—Boulevard,Smlthlown,N.Y.11]BJ (ix veer 1