The URL can be used to link to this page

Home My WebLink AboutL 13150 P 456 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 : 456 District: Section: Block: Lot: 1000 095 .00 04 . 00 006. 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 .QO( F/2, NO TP-584 $0 . 00 NO Notation $0 . 00. ..NO Cert.Co ies $0 .00 NO RPT ; p $400 . 00 NO Fees Paid $475 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County i I Number of pages \\ RECORDED 2022 Apr- rc 11:.33:nr PrI This document will be public TUDIrH a. Ra GALE record.Please remove all CLERK. of Social Security Numbers s+JFFOL K CO tITY prior to recording. L Do n531s° F 45n Deed/Mortgage instrument Deed/mortgage Tax Stamp Recording J Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 1.Basic Tax _ TP-584 2. Additional Tax Sub Total Notation spec./Assit. EA-52 17(County) or SubTotal Spec./Add. E.P.T.S (Stat/e? TOT.MTG.TAXA_ R.P.LS . 'J J I an-, Dual Town Dual County Ill% Comm.of Ed. S. 00 Held forAppointment Transfer Tax Affidavit • • Mansion Tax CertifiedCopy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. Other YES orNO Grand Total If NO,see appropriate tax clause on Page# ofthis instrument. 4 Dist.��.ii 4811205 5 Community Preservation Fund RealService Property PTS Illu�l luul�l"1111� Consideration Amount$ Tax Service R DTY A II Agency 22-MAR- CPF Tax DL1C Verification S Satisfactions/Dische es/Releas�s��t grope Improved 6 RECORD&RETURN TO finers Mailing Address Vacant land 7awo d cal—ho/d 53095 /ylai%l �� TO TO Jol-/1-hohl IVY M Al-0 5.1 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffo[kcountyny.gov/clerk Co.Name J , y N Title# g $ Suffolk County Recording & Endorsement Page This page forms part of the attached_ I/IKI�70� a�(0V 4&7/q &V,j flr j-/CZ �L made by: (SPECIFYTYPE OF INSTRUMENT) 1YlOffu�k�iam !10%/�n�� LSC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of 'JOullula rawlh0% In the VILLAGE or HAMLET of eu fcheq BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over PT -S Stat ID: 4811205 2-MAR-22 Tax Maps District Secton Block Lot School District 1000 .09500 0400 006001 1000 09500 0400 006002 1` F DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the jm� day of 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 7990 Oregon Road, Cutchogue, in the Town of Southold, County of Suffolk and State of New York designated SCTM 41000-95.4-6.1 and #1000-95.-4-6.2 shown on a survey prepared September 25, 2008, last dated November 19, 2008, by John C. Ehlers L.L.S. of John C. Ehlers Land Surveyor (the "Survey"), a redtieed copy of whicleis arraabad o;c4Q m Exhibit "A" and made a part hereof, and described in the metes and bounds description attached as Exhibit "B" and made a part 1S iYllyT�l4 hereof(the "Property"). Said Property was subject to a previous acquisition of a Grant of Cyn Development Rights Easement or other conservation instrument, anda land area was excluded from said /Easement the "Reserve Are (,�� uj.Yl S43aA '1 WHEREAS, the Survey shows SCTM#1000-95-4-6.1 to be that excluded parcel of land designated the Reserve Area for+/- 1.84 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 November 20, 2008 (recorded December 22, 2008, Liber 12575, Page 578) for SCTM #1000-95.-4-6.2; the survey showing such agricultural lands adjacent to the Reserve Area and of 6.5443 acres, described in the metes and bounds description attached as Exhibit "D" (the "Development Rights Easement Parcel"); 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. 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. M UCK FARM HOLDINGS LLC -44A By:. Peter Tal 5 � STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) \ ' , On they day of 61(mw 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. Notary Public I Jeanne D. Giarratano Notary Public, State of New York No. OIG16094250 Qualified in Suffolk County Commission Expires June 16, 2023 EXHIBIT "B" (the "Property") 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, being bounded and described as follows: BEGINNING at a monument located on the southerly side of Oregon Road distant 1029.15 feet westerly from the corner formed by the intersection of the southerly side of Oregon Road with the westerly side of Depot Lane; RUNNING THENCE from said monument along land now or formerly of Mattituck Farms Holdings LLC South 37 degrees 27 minutes 20 seconds East, 1990.88 feet to a monument; THENCE along land now or formerly of the Town of Southold South 53 degrees 45 minutes 40 seconds West, 190.53 feet to a monument; THENCE along land now or formerly of Mattituck Farms Holding LLC and County of Suffolk the following two (2) courses and distances: North 37 degrees 00 minutes 00 seconds West, 1067.78 feet to a point; and North 37 degrees 15 minutes 20 seconds West, 918.63 feet to a point on the southerly side of Oregon Road; THENCE along the southerly side of Oregon Road the following two (2),courses and distances: North 48 degrees 50 minutes 00 seconds East, 10.85 feet. North 52 degrees 39 minutes 40 seconds East, 167.99 feet to the monument first above mentioned, the point or place of BEGINNING. EXHIBIT "C" ("Reserve Area") ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the southerly side of Oregon Road distant 1,029.15 feet westerly from the comer formed by the intersection of the westerly side of Depot Lane and the southerly side of Oregon Road, said point also being where the division line between the northwesterly comer of land now or formerly of Mattituck Farms Holdings, LLC and the northeasterly comer of the premises about to be described intersect the southerly side of Oregon Road; RUNNING THENCE from said monument on the southerly side of Oregon Road, South 52 degrees 39 minutes 40 seconds West, 25.00 feet to the true point or place of BEGINNING; THENCE South 37 degrees 27 minutes 20 seconds East, 517.31 feet; THENCE South 52 degrees 44 minutes 40 seconds West, 155.59 feet to land now or formerly of Mattituck Farm Holdings, LLC; THENCE North 37 degrees 15 minutes 20 seconds West, 516.25 feet to the southerly side of Oregon Road; THENCE along the southerly side of Oregon Road the following two (2) courses and distances: 1) North 48 degrees 50 minutes 00 seconds East, 10.85 feet; 2) North 52 degrees 39 minutes 40 seconds East, 142.99 feet to the point or place of BEGINNING. EXHIBIT "D" (Development Rights Easement Parcel) • NEW YORK METRO Stewart . 812-953- 212.922.1593 15931ax title Insurance company stewartnewyuk.com Title No.: ST08-01917 AMENDED 11/10/2008 DEVELOPMENT RIGHTS EASEMENT AND AGRICULTURAL STRUCTURE-AREA WITHIN DEVELOPMENT RIGHTS EASEMENT 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, being bounded and described as follows: BEGINNING at a monument located on the southerly side of Oregon Road distant 1029.15 feet westerly from the comer formed by the intersection of the southerly side of Oregon Road with the westerly side of Depot Lane; RUNNING THENCE fXom said monument along land now or formerly ofMattituck Farms Holdings LLC South 37 degrees 27 minutes 20 seconds East, 1990.88 feet to a monument; THENCE along land now or formerly of the Town of Southold South 53 degrees 45 minutes 40 seconds West, 190.53 feet to a monument; THENCE along land now or formerly of Mattituck Farms Holding LLC and County of Suffolk the following two(2)courses and distances: North 37 degrees 00 minutes 00 seconds West, 1067.78 feet to a point;and North 37 degrees 15 minutes 20 seconds West,402.38 feet to a point; THENCE North 52 degrees 44 minutes 40 seconds East, 155.59 feet to a point; THENCE North 37 degrees 27 minutes 20 seconds West, 517.31 feet to a point on the southerly side of Oregon Road; THENCE North 52 degrees 39 minutes 40 seconds East,25.00 feet to the monument first above mentioned, the point or place of BEGINNING.