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HomeMy WebLinkAboutL 13156 P 532 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/18/2022 Number of Pages : 10 At: 12 :07 :08 PM Receipt Number : 22-0084494 LIBER: D00013156 PAGE : 532 District: Section: Block: Lot: 1000 095.00 03 .00 003 . 004 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $50 . 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 $12 . 50 NO RPT $600 . 00 NO Fees Paid $702 . 50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County \ 1 Number of pages RECORDED 2022 hlau 10' 12:07:08 FPi This document will be public JUDOH A. PASCALE CLERK OF record.Please remove all SUFFOLK COUNT',' Social Security Numbers L D00013156 prior to recording. P ==_ Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee SQ Mortgage Amt. Handling 20. 00 1.Basic Tax 1P-584 2. Additional Tax Sub Total Notation Spec./Assit. EA-52 17(County) or SubTotal �G EA-5217(State) SpEA-5217(State) / � TOT.MTG.TAXA_ R.P.LS A /b/'y4�d�L)_— Dual Town Dual County Comm.of Ed. S. 00 Held forAppointment Transfer Tax Affld • • Mansion Tax CertifiedCopy �;,l`O The property covered by this mortgage Is or will be improved by a one or two NYS Surcharge 15, pp family dwelling only. Other Sub Total 3a�5O YES _ or NO Grand Total_ 7 Qa,� If NO,see appropriate tax clause on Page# ofthisjnstrumv.Za 4 Dist. (lr7(J 4861370 q� J5 Community Preservation Fund Real Property T A IIII �-`�1 Tax Service R KMIIu101WI I�I�II�IW �Coasideration Amount O ------ - Agency 06-MAY- Verification CPF Tax Due $ Improved 6 Satisfactons/DlschargeslRele �� P % yOwners Mailing Addr ssR COR & ro ' C T m or jeell-hO/GI Vacant land 53v45/j7CJi/i,ed TD TO Jad✓fi�/d /✓;! //97,!0959 TO Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Co.Name f P Title# 7 y�SG $ Suffolk County (Reco\rding/ & Endorsement Page This page forms part of the attached_L1�L�l/C�lj(//1 by; made (SPECIFY TYPE OF INSTRUMENT) �{,� The premises herein is situated in SUFFOLK COUNTY,NEWYORK. / p TO In the TOWN of iJ0/J �/v f/]/jhD//l In the VILLAGE ,} L or HAMLET of (, q zle BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over R KMO A Stat ID: 4861370 p6-MAY-22 Tax Maps District Secton Block Lot School District 1000 09500 0300 003004 MATTITUCK-CUTCHOGUE 1000 09500 0300 003005 MATTITUCK-CUTCHOGUE 1000 09500 0300 003006 MATTITUCK-CUTCHOGUE DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the. day of �Vebnhl 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 4710, 5200 and 4820 Oregon Road, Mattituck in the Town of Southold, County of Suffolk and State of New York designated SCTM #1000-95.-3-3.4, #1000-95.-3.5, #1000-95.-3-3.6an" y prepared day 1 1016ot y Batt,Boaarri k Van WeeIP, PC, a redueed -E)py of uh;rh i Inkn}70na rj ^F ^^W described in the metes and d bounds description attached as Exhibit"B" and made a part hereof(the "Property"). Said Property was subject to a previous acquisition of a Deed of Development Rights Easement or other conservation instrument, and two land areas were excluded from said Easement (the "Reserved Areas"); and WHEREAS, the DECLARANT or previous owner, had granted to the County of Suffolk a Deed of Development Rights dated June 29, 1994 (recorded 7/21/1994, Liber 11686, Page 429) for SCTM #1000-95.-3-3.6; such agricultural lands adjacent to the Reserved Areas and of+/- 36.07 acres, described in the metes and bounds description attached as Exhibit"C" (the "Development Rights Easement Parcel"); and WHEREAS, SCTM #1000-95.-3-3.4 and #1000-95.-3-3.5 are those previously excluded parcels of land from the Development Rights Easement Parcel and designated the Reserved Areas for+/- 1.98 and 1.84 acres respectfully , described in the metes and bounds descriptions attached as Exhibit "D" and Exhibit "E" (the "Reserved Areas") which is considered part of and integral to the Property; and WHEREAS, the DECLARANT leas P t d tRthe Town of Southold a Grant of Development Rights Easement dated O 0" u� eei� �c� � p g � � r' for SCTM #1000-95.-3-3.4 $„y,,,l+cnco"ly shown on a survey prepared September 10, 2021, by John Minto, L.L.S. of JM Land Surveying (the "Survey"), a reduced copy of which is attached hereto and made a part hereof as Exhibit "F"; this survey showing such agricultural lands of 1.98 acre adjacent to the +/- 36.07 acre Development Rights Easement Parcel, such area no longer Reserved Area but an adjacent and additional 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 Reserved Area unless such is conveyed together with the Development Rights Easement Parcels and shall not make application for or seek any relief from the Town of Southold that would allow the subdivision of the Reserved Area from the adjacent areas subject to the Deed of Development Rights Easements. DECLARANT shall not sell, transfer, gift or otherwise relinquish ownership of the additional Development Rights Easement Parcel of ap roately 1.98 acres anc identified as SCTM #1000-95.-3-3.4, (Exhibits "D" " " ess such area is' m conveyed together with the Reserved Area of approximately 1.84 acres (Exhibit "E") and the Development Rights Easement Parcel of approximately 36.07 acres (Exhibit "C") and shall not make application:for or seek relief from the Town of Southold that would allow subdivision of the additional Development Rights Easement Parcel from the Reserved Area or adjacent area subject to the Deed of Development Right Easement. 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 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. ITUCK FARM HOLDINGS LLC By: Peter Talty 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 h: 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. l7C�z�t dJ0--- Notary Public Jeanne D. Giarratano Notary Public, State of New York No. 01G16094250 Qualified in Suffolk County Commission Expires June 16, 2023 '� i EXHIBIT "B" (the "Property") Title Number: BAL3383S Page t Amended 06/06/2016 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, 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 monument on the southerly side of Oregon Road distant westerly the following three (3) courses and distances from the corner formed by the intersection of the westerly side of Alvah's Lane and the southerly side of Oregon Road, as measured along the southerly side of Oregon Road: 1. South 46 degrees 44 minutes 04 seconds West, 356.43 feet; 2. South 46 degrees 21 minutes 04 seconds West, 449.58 feel; and 3. South 39 degrees 22 minutes 04 seconds West, 604.34 feet to a monument and the point or place of beginning; RUNNING THENCE from said point or place of beginning, along land now or formerly of Mattituck Farm Holdings LLC, South 44 degrees 31 minutes 26 seconds East, 1,495.93 feet to a monument and land now or formerly of WW Farms LLC; THENCE along said last mentioned land, the following two (2) courses and distances: 1. South 45 degrees 05 minutes 31 seconds East, 825.30 feet; 2. South 44 degrees 27 minutes 51 seconds East, 552.77 feet to a monument; THENCE South 48 degrees.24 minutes 54 seconds West, 95.49 feet to a monument and land now or formerly of D & S Hayfileds LLC; THENCE along said last mentioned land, the following two (2) courses and distances: 1. North 45 degrees 37 minutes 16 seconds West, 820.06 feet to a monument; 2. South 52 degrees 38 minutes 34 seconds West, 469.37 feet to a monument and land now or formerly of L& R Vineyards Associates; THENCE along said last mentioned land, the following two (2) courses and distances: 1. South 53 degrees 03 minutes 04 seconds West, 368.57 feet to a monument; 2. North 42 degrees 05 minutes 46 seconds West, 51.59 feet to a monument and land now or formerly of Dorset Farms Inc.; THENCE along said last mentioned land, the following three (3) courses and distances: 1 Stewart Title Insurance Company Title Number: BAL3383S Page 2 1. North 42 degrees 15 minutes 56 seconds West, 193.36 feet; 2. North 41 degrees 11 minutes 16 seconds West, 522.34 feet; and 3. North 41 degrees 16 minutes 06 seconds West, 838.59 feet to a monument and land now or formerly of Robert & Edith Scudellari; THENCE along said last mentioned land, the following two (2) courses and distances: 1. North 43 degrees 40 minutes 34 seconds East, 261.00 feet to a monument; 2. North 41 degrees 17 minutes 56 seconds West, 311.23 feet to a monument and the southerly side of Oregon Road; THENCE along the southerly side of Oregon Road, North 43 degrees 33 minutes 24 seconds East, 221.32 feet to a monument and land now or formerly of Christian Rogers& Daniella Vitali; THENCE along said last mentioned land, the following three (3) courses and distances: 1. South 41 degrees 35 minutes 16 seconds East, 200.00 feet to a monument; 2. North 43 degrees 33 minutes 24 seconds East, 100.00 feet to a monument; and 3. North 41 degrees 35 minutes 16 seconds West, 200.00 feet to a monument and the southerly side of Oregon Road; THENCE along the southerly side of Oregon Road, the following two (2) courses and distances: 1. North 43 degrees 33 minutes 24 seconds East, 218.79 feet to a monument; 2. North 39 degrees 22 minutes 04 seconds East, 8.56 feet to the monument at the point or place of BEGINNING. 2 EXHIBIT "C" (the "'Development Rights Easement Parcel") ALL that certain plot, piece: or parcel of land, with the buildings and improvements thereon erected, 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 spike set on the Southwesterly line of land now or formerly of Anthony J. Schmitt, Jr. et al distant Southwesterly and Southeasterly the following four (4) courses and distance from the corner formed by the comer formed by the intersection of the Southwesterly side of Alvah's Lane and the Southeasterly side of Oregon Road, as measured along the Southeasterly side of Oregon Road: 1) South 46 degrees 44 minutes 04 seconds West, 356.43 feet to a point; 2) South 46 degrees 21. minutes 04 seconds West, 449.58 feet to a point; 3) South 39 degrees 22 minutes 04 seconds West, 604.34 feet to a monument; and 4) South 44 degrees 31. minutes 26 seconds East, 343.85 feet to the point or place of BEGINNING; RUNNING THENCE from said point or place of beginning, South 44 degrees 31 minutes 26 seconds East along land now or formerly of Anthony J. Schmitt, Jr. et al 1123.04 feet to a monument and land now or formerly of William Wickham; THENCE along said last mentioned land the following two (2) courses and distances: 1) South 45 degrees 0.5 minutes 31 seconds East, 825.30 feet to a point and ; 2) South 44 degrees 27 minutes 51 seconds East, 552.77 feet to a monument and land now or formerly of Emest C. Tuthill; THENCE South 48 degrees 24 minutes 54 seconds West along said last mentioned land 95.49 feet to a monument and land now or formerly of John C. Tuthill; THENCE along said last mentioned land, the following two (2) courses and distances: 1) North 45 degrees 37 minutes 16 seconds West, 820.06 feet to a monument and 2) South 52 degrees 38 minutes 34 seconds West, 469.37 feet to a monument and land now or formerly of L & R Vineyards Associates; THENCE South 53 degrees 03 minutes 04 seconds West along said last mentioned land 368.57 feet to a monument and other land now or formerly of L & R Vineyards Associates; THENCE North 42 degrees 05 minutes 46 seconds West along said last mentioned land 51.59 feet to land now or formerl,y of Dorset Farms, Inc.; THENCE along the last mentioned land the following three (3) courses and distances: 1) North 42 degrees IS minutes 56 seconds West, 193.36 feet; 2) North 41 degrees 11. minutes 16 seconds West, 522.34 feet and 3) North 41 degrees 16 minutes 06 seconds West, 548.17 feet to a spike set at the Southwesterly comer of land retained by the party of the first part; THENCE along the Southeasterly and Northeasterly lines of land retained by the party of the first part the following two (2) courses and distances: 1) North 43 degrees 40 minutes 34 seconds East, 301.22 feet to a spike and 2) North 41 degrees 17 minutes 56 seconds West, 577.95 feet to a spike set on the Southerly side of Oregon Road; THENCE North 43 degrees 33 minutes 24 seconds East along the Southerly side of Oregon Road 201.24 feet to a monument and land now or formerly of Constance Ruthinoski; THENCE along the Southwesterly and Southeasterly and Northeasterly sides of the last mentioned land the following two (2) courses and distances; 1) South 41 degrees 3_5 minutes 16 seconds East, 200.00 feet to a monument; and 2) North 43 degrees 3 minutes 24 seconds East, 100.00 feet to a monument and the Southwesterly line of other land retained by the party of the first part; THENCE along the Southwesterly and Southeasterly lines of said other lands retained by the party of the first part the following two (2) courses and distances; 1) South 41 degrees 35 minutes 16 seconds East, 136.05 feet to a spike; and 2) North 45 degrees 28 minutes 34 seconds East, 244.40 feet to a spike set on the Southwesterly line of land now or formerly of Anthony J. Schmitt, Jr. et al and the point or place of BEGINNING. /P tewa `t EXHIBIT "D" (1 .98 acre Reserved Area) TITLE Title Number: 71174656 SCHEDULE A- DESCRIPTION REVISED 9/30/2021 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 being known as and by part of Lot 003.004 in District 1000, Section 095.00, Block 03.00 as shown on the Suffolk County Land and Tax Map and being bounded and described as follows: BEGINNING at the corner forming the intersection of the southwesterly side of Alvahs Lane with the easterly side of Oregon Road, distant the following courses and distances: 1.) South 46 degrees 44 minutes 04 seconds West, 356.43 feet; 2.) South 46 degrees 21 minutes 04 seconds West, 449.53 feet; 3.) South 39 degrees 22 minutes 04 seconds West, 612.90 feet; 4.) South 43 degrees 33 minutes 24 seconds West, 520.03 feet to the true point of BEGINNING; RUNNING THENCE South 41 degrees 17 minutes 56 seconds East, 577.95 feet; RUNNING THENCE South 43 degrees 40 minutes 34 seconds West, 301.22 feet; RUNNING THENCE North 41 degrees 16 minutes 06 seconds West, 266.69 feet to a concrete monument; RUNNING THENCE North 43 degrees 40 minutes 34 seconds East, 281.00 feet; RUNNING THENCE North 41 degrees 17 minutes 56 seconds West, 311.23 feet to a concrete monument and the easterly side of Oregon Road; RUNNING THENCE along the easterly side of Oregon Road, North 43 degrees 33 minutes 24 seconds East, 20.08 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 1 of 1) - EXHIBIT "E" (1.84 acre Reserved Area) SCTM 41000-95.-3-3.5 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 monument on the southerly side of Oregon Road distant westerly the following three (3) courses and distances from the corner formed by the intersection of the westerly side of Alvah's Lane and the southerly side of Oregon Road, as measured along the southerly side of Oregon Road: 1. South 46 degrees 44 minutes 04 seconds West, 356.43 feet; 2. South 46 degrees 21. minutes 04 seconds West, 449.58 feet; and 3. South 39 degrees 22 minutes 04 seconds West, 604.34 feet to a monument and the point or place of BEGINNING. RUNNING THENCE from. said point or place of beginning, along land now or formerly of Mattituck Farm Holdings, LLC, South 44 degrees 31 minutes 26 second East 372.89 feet to a monument; THENCE South 45 degrees 28 minutes 34 seconds West 245.89 feet (actual) (244.40 feet Liber 11686 Page 429)to a point; THENCE North 41 degrees 35 minutes 16 seconds West 165.13 feet (actual) (136.05 feet Liber 11686 Page 429) to a monument and land now or formerly of Christian Rogers and Daniela Vitali; THENCE along said land now or formerly of Christian Rogers and Daniela Vitali, North 41 degrees 35 minutes 16 seconds West 200.00 feet to a monument and the southerly side of Oregon Road; THENCE along the southerly side of Oregon Road the following two (2) courses and distances: 1. North 45 degrees 33 minutes 24 seconds East 218.79 feet to a monument; 2. North 39 degrees 22 minutes 04 seconds East 8.56 feet to the monument at the point or place of BEGINNING.