HomeMy WebLinkAboutL 13190 P 233 1111111 IIII 1111111111 IIIII IIIII IIIII IIIII IIIA 1111 Illi
1111111 I 111 I I I I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 02/21/2023
Number of Pages : 8 At: 04 :25 : 43 PM
Receipt Number : 23-0024353
LIBER: D00013190
PAGE : 233
District: Section: Block: Lot:
1000 109.00 01 . 00 011 . 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 $200 .00 NO
Fees Paid $290 .00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Vincent Puleo
County Clerk, Suffolk County
RECORDED
Number of pages $ 2+]23 Feb 21 04:25:43 PI9
S Vincent Puieo
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D00013190
Social Security Numbers P 233
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt,
Page/Flling Fee
1.BaslcTax
Handling 20. 00 2. Additional Tax
TP 584 Sub Total
Spec./Asslt.
Notation or
EA-5217(County) Sub Total Spec./Add'.
TOT.MT.G.TAX
EA-5217(State} Dual Town Dual County —
R.P.T.S.A, Held for Appointment
Comm.of Ed. 5. 00 a r Transfer Tax
Affidavit • �+ Mansion Tax
Certified Cop �_ �� The property covered by this mortgage Is
or will be Improved by a one or two
family dwelling only.
NYS Surcharge 15. 00
Sub Total 2S 50 YES or NO
Other
GrandTotal 01�6iD If NO, see appropriate tax clause on
page# ' of this Instrume t.
• I a I d,
4 Dist. /TQC Section ��g Block 19 Lot f 5 Community Preservation Fund
Real Property � pxop� Z� 2� Consideration Amount$
Tax Service �c
Agency CPF Tax Due $
Veriflcatlon
Improved.
6 Satfsfactlons/Discharges/Releases List Property Owners Mailing Address
RECORD.&RETURN TO: Vacant Land
T<9t,jx) 0-/' _Sou-T1,o l cQ TD
LAND 6--es 2rUa1,"ovU 16�T TD
"(9. Bak //7 9 TD
5d4T,[0 IQ It g71
Mall to k 7 Title Company Information
11901 Co.Name /VGts �
Title# y0 Y- /O M-3
8 Suffolk County Xi cording & Endorsement Page
\
This page forms part of the attached Lac!n ra tf o,a O a w,0_n+a✓Ts �¢tTr.'[Ti oniS made
by: (SPECIFYTYPE OF INSTRUMENT)
_CJ_IJ Farm S LLC The premises herein Is situated In
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of
7-0 w/U D� �ptti`�lt o �� In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED Oy PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of the 16th day of December,2022, by WW FARMS,
LLC, a New York Limited Liability Company with offices at 13015 Main Road, P.O. Box 1424,
Mattituck, New York 11952, hereinafter referred to as the"DECLARANT."
WITNESSETH:
WHEREAS, DECLARANT WW Farms, LLC is the owner of certain real property
situate at 24085 Main Road (NYS Route 25), Cutchogue, and designated as SCTM #1000-109-1-
11 (the "Property"), and shown on a survey prepared by Peconic Surveyors dated September 26,
2022, redated December 12, 2022 (the "Survey"), and described in the metes and bounds
description attached as Schedule "A" (Overall Description) and made a part hereof, and
WHEREAS, the Survey shows a"Development Rights Easement Area" of 65.070 acres
and a "Reserve Area" of 12.726 acres, both described in the metes and bounds descriptions
' attached as Schedule A-1 and A-2 (Development Rights Easement Area and Reserve Area
descriptions); and
WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of
Development Rights Easement ("Easement") for the Development Rights Easement portion of
the Property dated December 16, 2022; and
WHEREAS, for and in consideration of the acceptance of the Grant of Development
Rights Easement, 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 Declarant and prospective
owners of the Property that the within covenants and restrictions be imposed on the Property,
and, as a condition of the acceptance of the Grant of Development Rights Easement, the Town
Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office
against the Property; 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.
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 may make an application or applications for subdivision, lot line
change, re-subdivision, or for any other relief from the Town of Southold that
would allow the separation or partial separation of the Reserve Area from the
Development Rights Easement Area of the Property. Any approval of such
application shall be conditioned on at least 80,000 square feet of the Reserve
Area remaining adjacent to, unseparated from and a part of the new parcel
containing the Development Rights Easement Area, or containing a portion of the
Development Rights Easement Area if the Easement Area is divided in
accordance with the terms of the 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,
provided such revisions, amendments or promulgations do not further restrict the Property
beyond the manner permitted by this Declaration.
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 these covenants
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 be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court
of competent jurisdiction, 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 applicable laws or by their
provisions to be deemed 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 it, 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.
WW,Y,ARMS, L/L/C,
C Q�L�wvLr
4
B Abigail A. Wickham, M paging M tuber
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On the 16th day of December, 2022, before me, the undersigned, personally appeared
Abigail A. Wickham, 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 she executed the same in her capacity, and that by her 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 t e undersigned.
Notary PuWic Piz:,
Robert Dekese
Notary Public State of New Ybik
Registration No.01DE5035117
Qualfied in Suffolk Counttyy
Commission Expires October 2d.2028
J
J
FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-010953
SCHEDULE X
FOR INFORMATION ONLY, NOT TO BE INSURED: OVERALL DESCRIPTION
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 monument found on the northerly side of Main Road (NYS Route 25)distant 1295 feet more or less
westerly from the corner formed by the intersection of the northerly side of Main Road (NYS Route 25)and the westerly
side of Alvah's Lane;
RUNNING THENCE South 65 degrees 12 minutes 00 seconds West, along the northerly side of Main Road (NYS Route
25) 100.00 feet to land (now or formerly)of Wickham Homestead Inc.;
THENCE along said land (now or formerly)of Wickham Homestead Inc. the following 3 courses and distances:
1. North 29 degrees 38 minutes 40 seconds West, 313.48 feet to a point;
2. South 60 degrees 21 minutes 20 seconds West, 174.09 feet to a point;
3. South 24 degrees 48 minutes 00 seconds East, 299.62 feet to the northerly side of Main Road (NYS Route 25);
THENCE along the northerly side of the northerly side of Main Road (NYS Route 25)the following 2 courses and
distances:
1. South 62 degrees 10 minutes 10 seconds West, 234.18 feet to a point;
2. South 58 degrees 23 minutes 10 seconds West, 242.47 feet to a monument and land (now or formerly)of Carnation
Properties;
THENCE along land (now or formerly)of Carnation Properties the following 6 courses and distances:
1. North 28 degrees 08 minutes 50 seconds West, 290.75 feet to a point;
2. North 29 degrees 03 minutes 10 seconds West, 884.61 feet to a point;
3. North 28 degrees 37 minutes 00 seconds West, 661.56 feet to a point;
4. North 29 degrees 50 minutes 20 seconds West,417.35 feet to a point;
5. North 28 degrees 22 minutes 10 seconds West, 536.74 feet to a point;
6. North 29 degrees 13 minutes 30 seconds West, 2038.78 feet to a monument and land of the (now or formerly) Long
Island Railroad;
THENCE North 59 degrees 51 minutes 40 seconds East along said land 639.91 to a pipe and land on the Subdivision Map
of Galluccio Vineyards;
THENCE along said Map the following 16 courses and distances:
1. South 31 degrees 56 minutes 40 seconds East 366.41 feet to a point;
2. South 31 degrees 00 minutes 40 seconds East, 1010.55 feet to a point;
3. South 30 degrees 18 minutes 10 seconds East, 455.24 feet to a point;
4. South 30 degrees 45 minutes 30 seconds East, 312.04 feet to a point;
5. South 30 degrees 11 minutes 00 seconds East, 212.56 feet to a point;
6. South 31 degrees 08 minutes 50 seconds East, 74.84 feet to a point;
7. South 29 degrees 42 minutes 40 seconds East, 171.40 feet to a point;
8. South 29 degrees 09 minutes 50 seconds East, 136.43 feet to a point;
9. South 31 degrees 02 minutes 40 seconds East, 290.01 feet to a point;
10.South 29 degrees 38 minutes 00 seconds East, 216.89 feet to a point;
11. South 31 degrees 43 minutes 10 seconds East, 230.21 feel to a point;
12. South 29 degrees 49 minutes 40 seconds East, 367.42 feet to a point;
13. South 32 degrees 38 minutes 10 seconds East, 135.57 feet to a point;
14. South 30 degrees 37 minutes 00 seconds East, 245.02 feet to a point;
15.South 29 degrees 31 minutes 00 seconds East, 257.03 feet to a point;
16.South 29 degrees 48 minutes 40 seconds East, 376.87 feet to a monument on the northerly side of Main Road (NYS
Route 25), the point or place of BEGINNING.
FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-010953
SCHEDULE A -;L
(Description of the Land)
For Tax Map ID(s): 1000-109-00-01-00- P/0011-000
AMENDED 10/31/22
EASEMENT AREA TO BE INSURED:
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 monument found on the northerly side of Main Road (NYS Route 25)distant 1295 feet more or less
westerly from the comer formed by the intersection of the northerly side of Main Road (NYS Route 25)and the westerly
side of Alvah's Lane;
RUNNING THENCE South 65 degrees 12 minutes 00 seconds West,along the northerly side of Main Road (NYS Route
25)a distance of 100.00 feet to the land (now or formerly)of Wickham Homestead Inc.;
THENCE along said land the following 3 courses and distances:
1. North 29 degrees 38 minutes 40 seconds West, 313.48 feet to a point;
2. South 60 degrees 21 minutes 20 seconds West, 174.09 feet to a point;
3. South 24 degrees 48 minutes 00 seconds East, 299.62 feet to a monument on the northerly side of Main Road (NYS
Route 25);
THENCE along the northerly side of Main Road (NYS Route 25) the following 2 courses and distances:
1. South 62 degrees 10 minutes 10 seconds West, 234.18 feet to a point;
2. South 58 degrees 23 minutes 10 seconds West, 242.47 feet to a monument and land (now or formerly)of Camation
Properties, the true point or place of beginning;
RUNNING THENCE the following 6 courses and distances along land (now or formerly)of Carnation Properties:
1. North 28 degrees 08 minutes 50 seconds West, 290.75 feet to a point;
2. North 29 degrees 03 minutes 10 seconds West, 884.61 feet to a point;
3. North 28 degrees 37 minutes 00 seconds West, 661.56 feet to a point;
4. North 29 degrees 50 minutes 20 seconds West, 417.35 feet to a point;
5. North 28 degrees 22 minutes 10 seconds West, 536.74 feet to a point;
6. North 29 degrees 13 minutes 30 seconds West, 2038.78 feet to a monument and land of the (now or formerly)Long
Island Railroad;
THENCE North 59 degrees 51 minutes 40 seconds East along said land 639.91 to a pipe and land on the Subdivision Map
of Galluccio Vineyards;
THENCE along said Map the following 11 courses and distances:
1. South 31 degrees 56 minutes 40 seconds East 366.41 feet to a point;
2. South 31 degrees 00 minutes 40 seconds East, 1010.55 feet to a point;
3. South 30 degrees 18 minutes 10 seconds East, 455.24 feet to a paint;
4. South 30 degrees 45 minutes 30 seconds East, 312.04 feet to a point;
5. South 30 degrees 11 minutes 00 seconds East, 212.56 feet to a point;
6. South 31 degrees 08 minutes 50 seconds East, 74.84 feet to a point;
7. South 29 degrees 42 minutes 40 seconds East, 171.40 feet to a point;
8. South 29 degrees 09 minutes 50 seconds East, 136.43 feet to a point;
9. South 31 degrees 02 minutes 40 seconds East, 290.01 feet to a point;
Commitment for Title Insurance Printed: 19.31.22 C 10:13 AM
ScheduleA-1 Description NY-FT-FRVH-01030.431004-SAS-1-21-7404-010953
FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-010953
SCHEDULE A-1-
(Continued)
10. South 29 degrees 38 minutes 00 seconds East, 216.89 feet to a point;
11. South 31 degrees 43 minutes 10 seconds East, 77.54 to land (now or formerly)of WW Farms LLC;
THENCE along land (now or formerly)of WW Farms LLC the following 4 courses and distances:
1. South 60 degrees 17 minutes 50 seconds West, 334.98 feet to a point;
2. South 29 degrees 42 minutes 10 seconds East, 747.00 feet to a point;
3. South 60 degrees 17 minutes 50 seconds West 111.22 feet to a point;
4. South 29 degrees 42 minutes 10 seconds East, 758.23 feet to the northerly side of Main Road (NYS Route 25);
THENCE along the northerly side of Main Road (NYS Route 25)the following 2 courses and distances:
1. South 62 degrees 10 minutes 10 seconds West, 70.00 feet to a point;
2. South 58 degrees 23 minutes 10 seconds West, 242.47 feet to a monument and the point or place of BEGINNING.
Commitment for Title Insurance Punted: 10.31.22 @ 10:13 AM
Schedule A-1 Description NY-FT-FRVH-01030.431004-SPS-1-21-7404-010953
r
J
FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-010953
SCHEDULE A.
FOR INFORMATION ONLY,NOT TO BE INSURED. RESERVED AREA DESCRIPTION
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 monument found on the northerly side of Main Road (NYS Route 25)distant 1295 feet more or less
westerly from the corner formed by the intersection of the northerly side of Main Road (NYS Route 25)and the westerly
side of Alvah's Lane;
RUNNING THENCE South 65 degrees 12 minutes 00 seconds West, along the northerly side of Main Road (NYS Route
25) 100.00 feet to land (now or formerly)of Wickham Homestead Inc.;
RUNNING THENCE North 29 degrees 38 minutes 40 seconds West, along land (now or formerly)of Wickham
Homestead Inc. 313.48 feet to a point;
THENCE still along said land the following 2 courses and distances:
1. South 60 degrees 21 minutes 20 seconds West, 174.09 feet to a point;
2. South 24 degrees 48 minutes 00 seconds East, 299.62 feet to a monument on the northerly side of Main Road (NYS
Route 25);
THENCE South 62 degrees 10 minutes 10 seconds West, along the northerly side of Main Road(NYS Route 25) 164.18
feet to a point;
THENCE North 29 degrees 42 minutes 10 seconds West, 758.23 feet to a point;
THENCE North 60 degrees 17 minutes 50 seconds East, 111.22 feet to a point;
THENCE North 29 degrees 42 minutes 10 seconds West, 747.00 feet to a point;
THENCE North 60 degrees 17 minutes 50 seconds East, 334.98 feet to land on the Subdivision Map of Galluccio
Vineyards;
THENCE along the land on the Subdivision Map of Galluccio the following 6 courses and distances:
1. South 31 degrees 43 minutes 10 seconds East, 152.67 feet to a point;
12. South 29 degrees 49 minutes 40 seconds East, 367.42 feet to a point;
13. South 32 degrees 38 minutes 10 seconds East, 135.57 feet to a point;
14. South 30 degrees 37 minutes 00 seconds East, 245.02 feet to a point;
15. South 29 degrees 31 minutes 00 seconds East, 257.03 feet to a point;
16. South 29 degrees 48 minutes 40 seconds East, 376.87 feet to a monument on the northerly side of Main Road (NYS
Route 25), 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