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HomeMy WebLinkAboutL 13150 P 458 . • Q 4 a, IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII _ 'z., IIIIIIIIIIIIIIIIIIIIIIIII jl' a ,• , . SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 04/06/2022 Number of Pages: 7 At: 11 :33 : 07 AM ' ' Receipt Number : 22-0059766 LIBER: D00013150 PAGE : 458 District: Section: Block: Lo t: 1000 095 . 00 04 .00 009 . 001 } EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 .00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00; 2'NO TP-584 $0 .00 NO Notation $0 .00, NO ,.•, Cert.Copies $0 . 00 NO RPT $600 . 00" NOi ' Fees Paid $675 . 00 . THIS PAGE IS A PART OF THE INSTRUMENT !r THIS IS NOT A BILL i JUDITH A. PASCALE County Clerk, Suffolk County LZ i . it 1 ❑ Number of pages RECORDED This document will be public 2022 Rpr 05 11:33:07 art TIJDITH R. PR=GREE record.Please remove all CLERK OF Social Security Numbers SUFFOLK COUNTY prior to recording. L D00013150 P 4`3 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp 3 Recording/Filing Stamps FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 1.Basic Tax TP-584 2. Additional Tax Sub Total _— Notation Spec/Assit. EA-52 17(Coun ) or SubTotal Spec./Add. EA-5 (St ) TOT.MTG.TAXA_ R.P.T.SA-TO — �d — Dual Town Dual County Held forAppointment Comm.of 5. 00 TransferTax _ Affidavit Mansion Tax Certified Copy The Property covered by this mortgage Is or will be improved by a one or two NYS Surcharge 15. 00 Sub family dwelling only. Total Other (� YES or NO Grand Total 5 \ If NO,see appropriate tax clause on J page# ofthts Instrument. rxA, �o 4 Dirt& 4811212n 20 5 CommunityPreservation Fund Real Property .5-� W Tax Service R DTY A III�I�I�I�I� Consideration Amount$ Agency Verification 22—CPF Tax Due Sattsfa;tIons/Discharges g MUM pr4pe Improved - R REC9RD&RETURN TO Owners Mailing Address p Vacant Land Tdu//I or Jaa rho/d 3095 /7'J<ti%/ ��✓ TID PJrJX //79 TD %'• A61/i9 7/ a95q TD Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Co.Name TIUe# g Suffolk County Recording & Endorsement Page This page forms part of the attached made by. ( PECIFY TYPE OF INSTRUMENT) LLQ The premises herein is situated in SUFFOLK COUNTY,NEW YORK. _ TOO In the TOWN of JoulhaW ;w/2 ell l ld In the VILLAGE or HAMLET of ('a/'e- BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over r' P T •S Stat ID: 4811212 - 2-MAR-22 Tax Maps District Secton Block Lot School District 1000 09500 0400 009001 1000 09500 0400 009002 1000 09500 0400 010000 MATTITUCK-CUTCHOGUE r ' S DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 1. day of &Whw- 2021, by MATTITUCK FARM HOLDINGS, LLC, with an address 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 8900 and 8900 Oregon Road, and 7155 Depot Lane, Cutchogue in the Town of Southold, County of Suffolk and State of New York designated SCTM #1000-95.-4-9.1, #1000-95.-4-9.2 and SCTM #1000-95.4-10 respectively, and shown on a survey prepared September 2, 2004 by John C. Hers, L.L.S. of John C. Ehlers Land Surveyor, a redHoed copy of which is aEFgp�hed 14mFow A Exhibit"A" and made a part hereof, and described in the metes and bounds description attached ��d (" as Exhibit "B" and made a part hereof(the "Property"). Said Property was subject to a previous acquisition of a Grant of Development Rights Easement or other conservation instrument, and at land area was excluded from said Easement (the "Reserve Area"); and QCIP "key) WHEREAS,the Survey shows SCTM #1000-95.-4-9.1 to be that excluded parcel of land L designated the Reserve Area for 1.836 acres, described in the metes and bounds description attached as Exhibit "C" (the "Reserve Area") which is considered part of and integral to the Property; and WHEREAS, the DECLARANT or previous owner, had granted to the Town of Southold a Grant of Development Rights Easement dated September 23, 2004 (recorded September 28, 2004, Liber 12346, Page 6) for SCTM #1000-95.-4-9.2 and Grant of Development Rights Easement dated September 23, 2004 (recorded September 28, 2004, Liber 12346, Page 5) for SCTM #1000-95.-4-10; the survey showing such agricultural lands adjacent to the Reserve Area and of 4.342 and 19.696 acres respectively, described in the metes and bounds descriptions attached as Exhibit "D" (the "Development Rights Easement Parcels"); and WHEREAS, 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, 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 the 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 Reserve Area unless such is conveyed together with the Development Rights Easement Parcel and shall not make application for or seek any relief from the Town of Southold that would allow the subdivision of the Reserve Area from the adjacent area subject to the Deed of Development Rights Easement. DECLARANT shall permit the merging of SCTM #1000-95.-4-9.2 and SCTM #1000-95.-4-10 upon the filing and recording of this Declaration of Covenants and Restrictions, into one singular Suffolk County Tax Map (SCTM) parcel and said singular parcel shall not be subdivided thereafter. 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. TUCK FARM HOLDINGS LLC By: Peter Taft O/VjVI /uylytajVyLD 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. N tary Public Jeanne D. Giarratano Notary Public, State of New York No. 01 G 16094.250 Quali0ed in Suffolk County Commission Expires June l6, 2023 EXHIBIT "B" (the "Property") 1 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Oregon Road with the westerly side of Depot Lane; RUNNING THENCE South 40 degrees 01 minutes 47 seconds East along the westerly side of Depot Lane 2111.06 feet to the northerly line of lands now or formerly of Suzanne M. Krupski and John P. Krupski, Jr.; THENCE South 47 degrees 48 minutes 50 seconds West along said lands now or formerly of Krupski and later along lands now or formerly of Joseph Matwieczyk and lands now or formerly of Thomas J. Matrick, 544.74 feet to lands now or formerly of Mattituck Holdings LLC; THENCE along said last mentioned lands the following two (2) courses and distances: 1. North 39 degrees 07 minutes 20 seconds West 1633.13 feet; 2. North 38 degrees 31 minutes 10 seconds West 536.90 feet to the southerly side of Oregon Road; THENCE along the southerly side of Oregon Road North 54 degrees 17 minutes 17 seconds East 505.77 feet to the point or place of BEGINNING. EXHIBIT "C" (the "Reserve Area") ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Oregon Road with the westerly side of Depot Lane; RUNNING THENCE South 40 degrees 01 minutes 47 seconds East along the westerly side of Depot Lane 515.00 feet; THENCE South 51 degrees 46 minutes 41 seconds West 235.90 feet to the true point or place of BEGINNING; RUNNING THENCE along same line South 51 degrees 46 minutes 41 seconds West 282.85 feet to land now or formerly of Mattituck Farm Holdings, LLC; THENCE North 38 degrees 31 minutes 10 seconds West 282.85 feet; THENCE North 51 degrees 46 minutes 41 seconds East 282.85 feet; THENCE South 38 degrees 31 minutes 10 seconds East 282.85 feet to the true point or place of BEGINNING. EXHIBIT "D" (the "Development Rights Easement Parcels") FOR DEVELOPMENT RIGIiTS - PART OP TAX LOT 9: ^ ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the South side of Oregon Road with the West side of Depot Lane; RUNNING THENCE South 40 degrees 01 minutes 47 seconds East along the West side of Depot Lane 515 feet to the northerly line of other lands conveyed by Krupski to Peconic Land Trust and intended to be the recorded simultaneously herewith; THENCE along said aforementioned land South 51 degrees 46 minutes 41 seconds West, 235.90 feet to a point; THENCE North 38 degrees 31 minutes 10 seconds West along other lands of the grantor 282.85 feet; THENCE South 51 degrees 46 minutes 41 seconds West, 282.85 feet to lands now or formerly of Mattituck, Holdings LLC and Town of Southold; THENCE North 38 degrees 31 minutes 10 seconds West along said last mentioned lands and later along lands now or formerly of John G. Dmaleski and Karen A. Helinski 254.05 feet to the South side of Oregon Road; THENCE North 54 degrees 17 minutes 17 seconds East along the South side of Oregon Road, 505.77 feet to the point or place of BEGINNING. RESERVING unto the grantor herein, its successors and assigns an Easement of 15 feel by 254.05 feet for ingress and egress to and from the lands of the grantor of 1.836 acres designated as "Building Parcel' on survey prepared by John C. Ehlers, Land Surveyor dated September 2, 2004, to and from Oregon Road, the location of such Easement to be determined by grantor, or its successors and assigns. ALL OF TAX LOT 10: (for development rights): ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue,Town of Southold, County of Suffolk ' and State of New York, bounded and described as follows: BEGINNING at a point on the West side of Depot Lane distant 515.00 feet southerly from the corner formed by the intersection of the South side of Oregon Road with the West side of Depot Lane as measured along the West side of Depot Lane; RUNNING THENCE South 40 degrees 01 minutes 47 seconds East, 1596.06 feet to the northerly line of lands now or formerly of Suzannc M. Krupski and John P. Krupski,Jr.; THENCE South 47 degrees 48 minutes 5o seconds West along said lands now or formerly of Krupski and later along lands now or formerly of Joseph Malwicc yk and lands now or formerly of Thomas 1. Matrick 544.74 feet to lands now or formerly of Mattituck Holding LLC and Town of Southold; ------TliENCE-North.39-degrees.07.minutes-20 seconds West along said last mentioned lands 1633.13 feet to the South side of Parcel I herein; THENCE North 51 degrees 46 minutes 41 seconds East along said South side of Parcel 1 herein 518.75 feet to the West side of Depot Lane the point or place of BEGINNING.