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HomeMy WebLinkAboutL 13139 P 158 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/21/2022 Number of Pages: 8 At: 10 : 36 : 02 AM Receipt Number : 22-0009528 LIBER: D00013139 PAGE: 158 District: Section: Block: Lot: 1000 109 . 00 01. 00 037 . 000 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 $0 . 00 NO Cert.Copies $10 . 00 NO RPT $400 . 00 NO Fees Paid $490 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 121 Numberofpages RECORDED 2022 Jan 21 10:36:02 Am JUDITH A. PAS`.ALE This document will be public CLERK OF record.Please remove all SUFFOLK COUNTY Social Security Numbers L D00013139 P 158 prior to recording. Deed/Mortgage instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 FEES ` .Page/Filing Fee Mortgage Amt.1, - 1.Basic Tax _ Handling 20. 00 2. Additional Tax _ TP-584 Sub Total - Notation SpecJAssit. or EA-5217(County) Sub Total Spec./Add. EA-5217(St TOT.MTG.TAX _ R.P.T.S.A. Dual Town_Dual County Held for Appointment Comm.of TransferTax _ Affidavit Q Mansion Tax 0The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other /)�� �"1 (/�'Q� _ Grand Total 2 1 V If NO, see appropriate tax clause on �T- page# ofthis instrument. 4Disi000 5 Community Preservation Fund i000 4740901 > Real Property P T S ild"11 Consideration Amount$ Tax Service R SMI A Agency 14-JAN- CPF Tax Due $ Verification - -- --- Improved. 6 5atisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land IOGu.�I ©� SOcc%�-olc� TD P. O. Sot ll7s TD SO�Tk oI P, Ny /197/ TD Mail to:Judith A.Pascale,Suffolk County Clerk 7T Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# '7ypy_ 8 Suffolk County Recording & Endorsement Pae " This page forms part of the attached)l-'-lA-grto,u 0L —.—I, made by: (SPECIFYTYPE OF INSTRUMENT) GUr1/Ke..I,,c Ca// ac The premises herein is situated in 1im'TtP 1ft�ru �i� SUFFOLKCOUNTY,NEWYYO�O-RK. TO In the TOWN of In the VILLAGE I or HAMLET of l .4TGho5L•-e BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over Stat ID: 4740901 R sM� :A 0 '1$JAN-22 Tax Maps District Secton Block Lot School District 1000 10900 0100 037000 MATTITUCK-CUTCHOGUE 1000 11600 0100 010000 MATTITUCK-CUTCHOGUE C 5 -7jS DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the o?'7 day of 'Jecem � 2021,by WALKER/McCALL LLC and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP LLLP, with an address A.0. Box 271, Cutchogue, NY 11935, hereinafter referred to as the "DECLARANT".4.3370 PArhersu;lle R1i J�ecA-r r, GA 30034 WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 21380 and 21657 NYS Route 25, Cutchogue in the Town of Southold, County of Suffolk and State of New York designated as SCTM#1000-109.-1-37 and SCTM#1000-116.-1-10, and shown on a survey prepared October 12, 2021 by John T. Metzger, L.L.S. of Peconic Surveyors, P.C. (the "Survey"), a reduced copy of which is attached hereto and made a part hereof as Exhibit"A" (the "Farm"); and WHEREAS,the Survey shows SCTM#1000-109.-1-37 to be a parcel of land containing a principal dwelling and accessory building for 1.1248 acres, described in the metes and bounds descriptions attached as Exhibit "B" (the "Development Parcel") which is part of and integral to the Farm; and WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of AS e 1- Development Development Rights Easement dated mac. a7, moa i for SCTM #1000-116.-1-10; the survey showing such adjacent agricultural lands designated as SCTM#1000-116.-1-10 of 7.7636 acres, described in the metes and bounds description attached as Exhibit"C" (the "Development Rights Easement Parcel"); and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, described herein, 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 Development Parcel that the within covenants and restrictions be imposed on the Development Parcel, and, as a condition of the acceptance of the Grant of Development Rights Easement described herein, 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: X. The•DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Development Parcel 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 o#herwise relinquish ownership of the Development Parcel unless such/is Wild lie Development Rights Easement Parcel into the same Grantee; and will not make an application for subdivision or separation or for any other relief from the Town of Southold that would allow the Development Parcel to be in held in ownership other than that of the Grant of Development Rights Easement Parcel. 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. WALKER/McCALL, LLC McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP,(ILLLP SSFY� Y�C �V` ���5 Ul IjYIII LG By: Rus ell C. McCall, Manager By Russell C. McCall, Manager STATE OF NEW YORK ) ) ss.- COUNTY OF SUFFOLK ) /A On the�day of 2C Pint �2 , 2021,before me,the undersigned, personally appeared Russell C. McCall,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 appear/ ce before the undersigned. 1-SCF-��C Notary Public D orl n 4 M DONNA McGAHAN Notary No State of4 e York STATE OF NEW YORK ) Qualified in Suffolk County Commission Expires Aug. 18, 20`oZ� ss.: COUNTY OF SUFFOLK ) On the_ - ,day of. 2021, before me,the undersigned, personally appeared Russell C: McCall,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 '1 EXHIBIT "A" SURVEY OF PROPERTIES IN CUTCHOGUE ._ TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-109-01-07 1000-118-01-10 rc AALE 11 `5001 MAIN ROAD (N.vs.Rote z5i � ik�f �❑ N/0/T SCryROEOER -ONDEUI �N I ;l p gtiy` V i 2 A Q8 'I x zo ( 8 t i i 1 =� R8 k6 1/ f E /! N/O/F A.91JppR \ e I C(P i5)(9 I0 M SWRr^�0 QJ�IXO a✓ue nTLL x+[cM.CAI[a" urC:tt!a v vCLULVGS tru/I[0 ala NtaSure tta •.�vWu£Ni 2i. e 11111V IR G 5l li 5 A VGL !C' •� [aylPl fR L P -e' I',R(cr A a r x r LS N�cu[5 l[ a'0 I PP i-B.GTM 100o-tl? V-PfEA-lVQ AC 5!o u _ CCV( 9E a I (io.EA,C! +csr nwn;:;b, uxc I¢2lr,/�. PA 2-ROTA 8ID0-11&01-U-A -].]908 Ad EP T21-02b EXHIBIT "B" SCHEDULE A ALL that certain plots, pieces, tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of the Main Road (N.Y.S. Route 25) distant 1087 feet f southeasterly from the intersection of the easterly side of Locust Avenue with the southeasterly side of Main Road (N.Y.S. Route 25); RUNNING THENCE along the southerly side of Main Road (N.Y.S. Route 25) South 82 degrees 59 minutes 00 seconds East 175.00 feet to land now or formerly of Schroeder; THENCE along said land now or formerly of Schroeder the following two (2) courses and distances: 1. South 01 degree 46 minutes 00 seconds West, 137.30 feet; and 2. South I 1 degrees 43 minutes 00 seconds West, 133.40 feet; THENCE North 82 degrees 59 minutes 00 seconds West 176.65 feet partly along a 25 foot Right of Way; THENCE along the easterly side of a 25 foot Right of Way, North 07 degrees 01 minute 00 seconds East 269.68 feet to the Southerly line of the Main Road (N.Y.S. Route 25) to the point or place of BEGINNING. For information only: Tax Map No. 1000-109.00-01.00-037.000 EXHIBIT "C" ,FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-011725 SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000-116.00-01.00-010.000 AMENDED 11/10/2021 ALL that certain plots, pieces, tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the the northwesterly corner of the premises described herein, said point being the following three (3) courses and distances from the intersection of the easterly side of Locust Avenue with the southerly side of Main Road (N.Y.S. Route 25): 1. Southeasterly along the southerly side of Main Road (N.Y.S. Route 25) 1112 feet t to the intersection of the easterly line of a 25 foot Right-of-way and the westerly line of land now or formerly of Walker/McCall, LLC and McCall Family Holdings Limited Partnership LLLP; 2. South 07 degrees 01 minutes 00 seconds West 269.68 feet; and 3. South 82 degrees 59 minutes 00 seconds East 85.42 feet to the true point of beginning, RUNNING THENCE along land now or formerly of Walker/McCall, LLC and McCall Familly Holdings Limited Partnership LLLP South 82 degrees 59 minutes 00 seconds East 91.23 feet to land now of formerly of Schroeder; THENCE along land now or formerly of Schroeder and land now or formerly of S. L. Mondello, South 85 degrees 05 minutes 10 seconds East 426.68 feet to land of Ginsberg Family, File No. 10372; THENCE along land of Ginsberg Family, File No. 10372 the following three (3) courses and distances: 1. South 03 degrees 49 minutes 50 seconds West 205.63 feet; 2. South 22 degrees 20 minutes 10 seconds West 157.56 feet; 3. South 18 degrees 00 minutes 00 seconds West 334.50 feet(335.80 feet deed)to land now or formerly of A. Bijoor& R. Patil; THENCE along land now or formerly of A. Bijoor& R. Patil, North 78 degrees 33 minutes 20 seconds West 474.15 feet (474.00 feet deed)to land now or formerly of M. Elak; THENCE along land now or formerly of M. Elak, North 11 degrees 26 minutes 40 seconds East 635.28 feet (actual) 636.56 feet(deed) to the point or place of BEGINNING. TOGETHER with a right of way over adjoining premises of the Estate of John Elak to the West to the Main Road (said premises known as SCTM#1000-115-8-3.7) and subject to the right of first refusal in favor of Russell C. McCall in Liber 12273 Page 139, which right of way is further described as follows: ALL that certain plots, pieces, tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Route 25) distant 1087 feel t southeasterly from the corner formed by the intersection of the easterly side of Locust Avenue with the southerly side of Main Road (N.Y.S. Route 25); RUNNING THENCE along the southerly side of Main Road (N.Y.S. Route 25) South 82 degrees 59 minutes 00 seconds East 25.00 feet, THENCE South 07 degrees 01 minutes 00 seconds West 269.68 feet, THENCE South 82 degrees 59 minutes 00 seconds East 85.42 feet; Commitment for Title Insurance Pnnted: 11.10.21(O 0155 PM Schedule A-1 Cescnption NY-FT-FRVH-01030.431004-SPS-1-21-7404-011725 EXHIBIT "C" continued FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-011725 SCHEDULE A-1 (Continued) THENCE South 11 degrees 26 minutes 40 seconds West 25.10 feet, THENCE North 82 degrees 58 minutes 59 seconds West 108.46 feet; THENCE North 07 degrees 01 minute 00 seconds East 294.70 feet to the southerly side of Main Road (N.Y.S. Route 25) to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A Commitment for Title Insurance Printed: 11.10.21 @ 01:55 PM Schedule A-1 Description NV-FT-FRVH-01030.431004-SPS-1-21-7404-011725