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Home My WebLink AboutL 13150 P 457 0 1 , I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII ,. IIIIIIIIIIIIIIIIIIIIIIIII • ` 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 : 457 District: Section: Block: Lot: 1000 095 . 00 04 .00 014 . 002 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,._ ,; NO TP-584 $0 .00 NO Notation $0 . 00, "- NO Cert.Copies $0 .00 NO RPT $400 . 00 NO Fees Paid $475 :0 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County e 1 2 ^ Number of pages RECORDED > This document will be public 2022 Aor- O6 11:=3:07 AMJUDITH A. PASCALE record.Please remove all CLERK OF Social Security Numbers SUFFOLK COUNTY prior to recording. L D00013150 P 4'17 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 1.Basic Tax TP-584 2. Additional Tax s Sub Total Notation spec./Assk. '-- EA 5217(County) or SubTotal Spec. EA-5217 /Add. t ) TOT.MTG.TAXA_ R.P.T.5 _ i-��b Dual Town Dual County Comm.o S. 00 Held forAppointment Transfer Tax _ Affidavit • Marmon Tax Certified Copy The property covered by this mortgage is or will be Improved by a one or two NYS Surcharge 15. 00 Sub family dwelling only. Total Other rYES or NO Grand Total \ C If NO,see appropriate tax clause on Page# ofthis instrument. 4 Dist./�••• cnrrinn ___ aL,,o- �,, ,,, t„* A,, 5 Community Preservation Fund ReaiProper 4811209 Tax Service F T S ��Z Consideration Amount$ Agency R DTY A CPF Tax Due $ Verificatiot ZZ-MAR- --__ SaUsfacoons/urscnarges n res trry nyvwnerameumg..udress Improved 6 R�C�RDi RW TURN r0: Idan a/ uMeM/ Vacant Land 5395 /yla//i �d TD f>U. "Foss //79 TD J6,Ulha/d•,ly, 11971.0951 TD Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountynY.gov/clerk Co•Name s�{�/Q/` 7Ge Tkle# --- 8'l1 $ Suffolk County Recording & Endorsement Page This page forms part of the attached hlela(Q/JU/1 0/ t4eJV119 a,9 IS&& 176/15 made M y; (SPECIFY TYPE OF INSTRUMENT') '0 1/1�11t The premises herein Is situated in SUFFOLK COUNTY,NEW YORK. �/LL / TO In the TOWN of �C#01d QnJ/J OIn the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FINING. ---e 7 PT -S Stat ID: 4811209 R DTY 2-MAR-22 Tax Maps District Secton Block Lot School District 1000 09500 0400 014002 MATTITUCK-CUTCHOGUE 1000 09500. 0400 014003 MATTITUCK-CUTCHOGUE DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the day of2021, 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 8640 Oregon Road, Cutchogue in the Town of Southold, County of Suffolk and State of New York now designated SCTM #1000-95.-4-14.2 and SCTM #1000-95.-4-14.3 and shown on a survey prepared April 21, 1997 by Howard W. Young, L.L.S. of Young & Young Surveyors (the "Survey"), a reduced copy of which is�:� Exhibit "A" and made a part hereof, and described in the metes and bounds description attached as Exhibit "B" and made a part ��t hereof(the "Property"). Said Property was subject to a previous acquisition of a Deed of Development Rights Easement or other conservation instrument, and a land area was excluded from said Easement (the "Re e Area" ; nd WHEREAS, the Survey shows SCTM #1000-95.-4-14.2 to bet t excluded parcel of land designated the Reserve Area for 1.8366 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 Deed of Development Rights dated July 14, 1997 (recorded July 24, 1997, Liber 11842, Page 742) for SCTM #1000-95.-4-14.3; the survey showing such agricultural lands adjacent to the Reserve Area and of 28.5199 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. TITUCK FARM HOLDINGS LLC Y& By: Peter Tal STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the—d 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. Ao �lC/iJ�Ily�- Notary Public Jeanne D. Giarratano Notary Public, State of New York No. OIG 16094250 (qualified in Suffolk County Commission Expires June 16, 2023 EXHIBIT "B" "Property") the � ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situated, lying and being in the Town of Southold, at Mattituck, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road where the same is intersected by the easterly boundary line of land now or formerly of Walter Ficner; RUNNING THENCE North 52 degrees 39 minutes 40 seconds East, along the southerly side of Oregon Road, 402.38 feet to land now or formerly of Anthony Domaleski; THENCE South 38 degrees 31 minutes 10 seconds East 150.00 feet; THENCE North 52 degrees 39 minutes 40 seconds East 121.00 feet to land now or formerly of Ann Marie Krupski; RUNNING THENCE South 38 degrees 31 minutes 10 seconds East 386.90 feet to other land now or formerly of Ann Marie Krupski; THENCE South 39 degrees 07 minutes 20 seconds East 1633.13 feet to land now or formerly of John Matwieczyk; THENCE South 38 degrees 52 minutes 30 seconds East 245.65 feet to land being shown as Subdivision Map "Oregon View Estates" (Suffolk County File No. 6241); RUNNING THENCE South 51 degrees 07 minutes 30 seconds West 585.44 feet to the Park & Recreation Area on Subdivision Map "Oregon View Estates" (Suffolk County File No. 6241); RUNNING THENCE along said lands North 37 degrees 39 minutes 20 seconds 461.77 feet to land now or formerly of Walter Ficner; RUNNING THENCE along said last mentioned land North 37 degrees 27 minutes 20 seconds West 1968.62 feet to the southerly side of Oregon Road, to the point or place of BEGINNING. EXHIBIT "C" (the "Reserve Area") ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situated, lying and being in the Town of Southold, at Mattituck, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road where the same is intersected by the easterly boundary line of land now or formerly of Walter Ficner; RUNNING THENCE North 52 degrees 39 minutes 40 seconds East along the southerly side of Oregon Road, 250.00 feet; THENCE South 37 degrees 27 minutes 20 seconds East 320.08 feet; THENCE South 52 degrees 39 minutes 40 seconds West 249.94 feet; THENCE North 37 degrees 27 minutes 20 seconds West 320.08 feet to the southerly side of Oregon Road to the point or place of BEGINNING. EXHIBIT "D" (Development Rights Easement Parcel) / SCHEDULE A THE PREMISES IN WHICH TFE INSURED RPS THE ESTATE OR ria'rF'uv¢T COVERED BY THIS POLICY ALL that certain plot, piece, or parcel of land, situate, 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 southerly side of Oregon Road at the westerly line of land now or formerly of Anthony Domaleski; RUNNING THENCE along said lands the following (2) two courses and distances; 1_ South 38 degrees 31 minutes 10 seconds East 150.00 feet; 2. North 52 degrees 39 minutes 40 seconds East 121.00 feet to land now or formerly of Ann Marie Krupski; RUNNING THENCE along said lands South 38 degrees 31 minutes 10 seconds East 386.90 feet; RUNNING THENCE South 39 degrees 07 minutes 20 seconds East 1633 .13 feet; RUNNING THENCE South 36 degrees 52 minutes 30 seconds East 245.65 feet; RUNNING THENCE South 51 degrees 07 minutes 30 seconds West 585.44 feet to the park and recreation area on the Map of Oregon View Estates: RUNNING THENCE along said lands North 37 degrees 39 minutes 20 seconds West 461.77 feet; RUNNING THENCE along lands now or formerly of Walter Ficner North 37 degrees 27 minutes 20 seconds West 1648_S4 feet; RUNNING THENCE North 52 degrees 39 minutes 40 seconds East 249.94 feet; RUNNING THENCE North 37 degrees 27 minutes 20 seconds West 320.08 feet to the southerly side of Oregon Road; RUNNING THENCE along the southerly -side of Oregon Road North. 52 degrees 39 minutes 40 seconds East 152 .38 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in IF INTENDED FOR CONVEYPNCING(and to any streets and roads abutting the above (described premises, to the center line thereof.