HomeMy WebLinkAboutKrupski, Albert JrSCHEDULE B
CONSENT
DEC--T: A~BERT J. KRUPSKI, JR.
H.S. REF. NO.: S10-01-0016
In the matter of the application of Albert I. Krupski, Jr.,
the undersigned, as owner of development rights on premises
described in Schedule A annexed hereto, hereby consents Eo
the annexed covenants and restrictions on said premises.
TOWN OF SOUTHOLD
/shua Y.' Horton, Supervisor Town of Southold
STATE OF NEW YORK,
SS:
COUNTY OF SUFFOLK)
On the/~~ day of March, 2003, before me personally
appeared ~e~hu~ Y_ ~rt~n , personally known to me or
proved to me ~n the basis of satisfactory evidence to be the
individual(g) whose na~e(~) is(~k~)! subscribed to the within
instrument and acknowledged to me that he/~]~] executed
the same in his~]~i/r capacity(les), and that by
his/her/their signaEure{s) en the instrument, the
individual(~), er the person upon behalf of which the
individual(~) acted, executed the instrument.
ELIZABETHA. NEVIr,I ,F,
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
iViARRIAGE OFFICER
RECORDS 1VIANAG EM~NT OFFICER
FREEDOiV~ OF INFOItMATiOI~ OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Sonthold, New York 11971
Fax (631) 765-6t45
Telephone (631) 765-1800
s outhokI~ow n.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 155 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF TtIE SOUTItOLD TOYVN BOARD
ON MARCH I1, 2003:
WHEREAS, in 1986 Albert J. Krupski, Jr.. sold the development fights to the Town of Southold
to 21.8 acres of his 27.8774 acre farm: and
WHEREAS, the property is now known as SCTM# 1000-97-8-31.2, 31.3 and 31.4; and
WHEREAS, Albert Krapski, Jr., is currently before the Plarming Board to subdivide the
reserved area into 2 lots; and
WHEREAS, the Health Department has required the filing of a Declaration of Covenants and
Restrictions as a condition of approval. The Declaration pertains to conditions having to do with
public water com~ections to the proposed residential lots; and
WHEREAS, due to the fact that the Town owns the development rights, a consent form is
required from the Town, consenting to the filing of the above-mentioned covenants and
restrictions; be it therefore
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor
[Joshua Y. Horton to sign the consent form known as Schedule B for Albert J. Krupski, Jr.,
Health Department Reference No. S10-01-0016.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAROF VITAL STATISTICS
1V~kRRIAGE OFFICER
~RECOI~S MA/~AGEMENT OFFICER
FREEDOM OF INFOR1W~TIOBr OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou~holdioWn ,nor~hfork.~et
March 17, 2003
Gary F. O[sen, Esq.
Attorney at Law
Post Office Box 706
32495 Main Road
Cutchogue, New York 11935
Dear Mr. Olsen:
The Southold Town Board at their regular meeting held on March 11,
2003 adopted resolution number 155 regarding the consent form for Albert
Kmpski, Jr. A ceflified copy of this resolution is enclosed. May I ask that you
send me a copy of the covenants and restrictions for my file? If you should have
any questions concerning this matter, please contact me. Thank you.
Very truly yours,
Southold Town Clerk
cc:
Town Attorney
Land Preservation Department
SCHEDULE B
CONSENT
DECLAP, ANT: ALBERT J. KRUPSKI, JR.
H.S. lIEF. NO.: S10-01-0016
In Ehe maEser Df the applicanlon of Albern I Krupski, Jr.,
the undersigned, as Dwne~ of developmenE rights en premises
described in Schedule A annexed hereto, hereby consenss te
the annexed covenanns and restrictiens on said premises.
TOWN OF SOUTHOLD
B¥o/doshua ¥. Horton, Supervisor Town of Southold
STATE OF NEW YORK;
SS:
COUNTY OF SUFFOLK.
On the /~day of March, 2003, before me personally
appeared 3e~hu~ ¥_ No~n , personally known to me or
proved to me on the basis of satisfactory evidence ~o be the
lndividual(~) whose name(~) is(~k~)! subscribed to the within
instrument and acknowledged to me that he/~/~] execused
the same in his]~]~r capacity(ies), and that by
his/h~r/their s~gna~urels on the ~nsrrumen5, the
individual(S), or the person upon behalf of which the
individuat(~) acted, executed the instrument.
~ar-O5~O3 O3:44P GARY FL$~I;INER OLS~N.ESQ~ 631 734 7712 P.O1
OLSEN OLSEN, LL.P.
ATTORNEYS AT LAW
(;~at¥ FI.ANN~ OLSEN DAVIT) WOKt'H~NCrFON OI.SEN
ATTORNEY A*I LAW ATTORNEY AT LAW
EO. Box 7'0~: ~' 32495"MAIN ROAD CUTCHOGUE. LONG ISLAND, NEW YORK 11935
PHONE63'I-734-7~66 ' FAX 63t-734-771Z olsenlaw~optonliue,net
FAX D OCrU/~NT S
DAq~E: Had-ch $, 2003
TO: Hel/~a - T~n of $outhol~
FROM: OLEAN & OLSENr L-L.P.
REGARDING: AJ~.'bert: J. Kropski~, Jr.
Copy of Cove-m-ts and Restriettoms to £ollow tn rs the. a~ove ma£ter.
PAGES TO FOLLOW:
FAX~D TO: 165-1366
NOTICE: The information contained in thi~ facsimile message
is attorney privileged and confidential info,nation intended
only for the use of the individual or entity named above,
you ar~ hereby notified that any dissemination, distribution
er copy of this communication is strictly proh/30ited. If
you have received this communication in error, pleas~ notif~
us immediately by telephone and return the original me,sage
to us at the above ad,res= via the U.~. Postal ~ervice.
NOTIFY THIS OFFICE IF ~SSA~E
IS NOT RRCE!V~D PROPERLY
M~r--05-o~ 03:45P GARY FLANNER OLSEN,ESQ. 631 734 7712 P.02
THIS DECLARATION made by Albert J. Krupski, Jr. ~his
day of ~eptembe~, 2002, (l) residing at No $ Skunk Lane,
Cutchogue, NY 11935 herein referred to as the DEClaRANT, as
~_h~ Ow~er of premises described in Schedule '~A'~ annexed
hereto (hereinafter re~erred to as the PREMISES) desires no
resuzict the use and enjoyment of said PREMISES am.~ nas for
SUCh purposes determined to impos~ on said PRE~i$~:~
covenants and resuriction and does hereby declarc ~.hat said
PREMISES shall be held and shall be convoyed subject[ to thc
loll.owing covenants and restrictions:
1. DECLARANT has made application to the Suff~]~ COUnLy
Deparnmen~ of Health Serv£ces ~herei~a~ker referred to as
the DEPARTMENT) for a permit to construct, approve of pleas
or approval of s subd~viai, o~ or dovu[opment on thu PREMISES.
2.s) As a conditi, on of approval by the DEPARTMENT eL
the subdivision or development application, the DECI.ARANT
co~e~L.S thaC there shall be no conveyance of any plot
unless public water is extended thereto ]~ accoTdm~}ce with
the approved plans on file W.L~D t~'~C eEPARTMENT. This shall
not preue]]5 a co~lveyance of the entire subdivision suhjec~
uo thzm covenant.
2.b) As a further condition of approval by th~
DEPARTMENT of the subdivision or development
the DECLARANT covenants that przor no conveyance of Lot 3,
of said m~p, the existing well shall be abandoned nnd the
dwellin~ connected to public water.
3- Tho DECLARANT, its successors ana/or assigns shall
se~ forth these covenants, agreements and dec]arat.~o~s in
any and all leases to occupants, ilenants and/or .£c~sccs of
the above described property and sh~tl, by their t~rms,
subject same 5o the covenants and restrictions contained
herein- Failure of t~e DECLARANT, its successors and~or
assigns to so condition the leases shall no~ invalidate
Mar-05-03 03:45P GARY FLANNER OLSEN.ESQ. 631 724 7712 P_06
their auto~nafic subjugation to the covenants and
restrictions.
4. All of the covenants and restrictions contained
herezn shall be construed to be in addition to a~ld not in
derogation oz limitation upon any provisions of
snare, and federal laws, ordinances, s~d/or regulations in
e(fect at 5tie time of execution of this agreement, o~· at the
time such laws, ordinances, and/or regulations may
thereafter be revised, amended, or promulgated.
5. This document mD made subjec~ ~o the provi~ions of
all laws required by law or by their provision~ to be
zncorporated herein and they are deemed to be Incorporated
herein and made a parn hereof, as though fully sec forth~
6. The aforementioned Restrict. ire Covenanks al]ali he
enforceabIe hy the County of Suffolk, State of New York, by
inpunctiv0 relief or by any other remedy in equmny of at
].aw. Th~ failure Of said ageno~es of the County of Suf'folk
to entorce th~ same shall non De deemed to affect I.hu
validity oh this covenant nor co mmpose any liability
whatsoever upon the County et Suffolk or any offic~r or
employee thereof.
These covenants and restrictions shall run with the
land and shall be binding upon the DECLARANT, ~]..$ successors
and as~ .gus. and upon all persons or entities ti. aiming under
them, and may be terminated, revoked oz amended on3y with
the written consent of the DEPARTMENT.
~. If any section, subsection, paragraph, clause,
phrase or provision of these cove~%ants and restrictions
shall, by a Court of compemen~ jurisdiction, be adjudged
i~ legal, un/awful, invalid, or held to be unconstitutional,
the same sh~ll nee affect the validity of ~hese consonants as
~ whole, o~ any other par5 or provision hereof othe~ Ehan
the pal--[ so adjudged ~o be illegal, unlawful, invalid, or
u~constitutional.
9. Local Law 932-1980 - Tho DECLARANT represents and
warrants that he has not offered or given any gratuity to
any ot~iciai, employee, or agent of Suffolk Country, New York
State, or of any political party, with the purpose or intent
Ma~-05-03 03:46P GARY FLANNER OLS~N,E~Q. 631 734 7712
or securing favorable treatment with respect to Lhe
oorf~rma£1cc of an a~ree~aent, and thaL such p~rson has read
and is familia~ with the provisions of Local Law ~32-1980.
State oi Ne~ York )
County ol Suffolk )
On the } ~ day o~ Septembe~ in the year 2002 befores- m~,
%lndersmgned, personally a~peared, ALBERT J. KRUPSKI, JR.
personally known to me o~ p~oved to me on the bas~s
sat~sfacLory evidence co be the individual whose n~me is
subscr~ bed to
nhat he execu
the within instrument and acknowledged to me
~ed the same in his capacity, and that hy his
instrument, the individual or the person
which the individual acted, executed the
Ma~r--O5--03 03:45P GARY FLANNER O[~EN~,~$~. 63i ~34 77iz P_O3
TITLE NO. 02'370~-43379.SS-SUF?
SCHEDULE A
ALL that certa3, n plot, piece or parcel of land. situate,,
bcin~ am Cstchogue, TowI% of Southotd, County of Suffolk
of tfew York, bounded and' described as ~ollows-
lying and
and Staue
BEGINAIIN(~ dl. ~-~ point on the easte~:']¥ .~3ido of land now or forme~-]y
of Shep:~sh, which point is distanm 92.76 te~t south.arJy £rom uhe
corner fcz'n~ed by r_he interseoc4o~% o[ ~hc easterly ~3idt~ o£ Little
Neck Road with the southerly side (%f Euge~le~s Road;
RT3-bTNIN~ THENCE along z~aJ.d lend Nort. h 89 degrees 47 m'[[~uges S0
sec,%ntis Eas~ 200 feet;
RUNNLNG THENCE along la~%ds now or fo£'mcrly of E. Zeneski and
$olowianlak. North 80 degrees 57 m4nutes 00 second~ East 320.87
fee C:
R~NNTNG THENCE along ]and now or formcr'ly o£
dcgr'ees ]7 ~nir~uL~s 10 seconds East 34~.t2 feet
of Bay Avenue-
Zenesk~, North &4
the weut. erly side
PlI~qqTbIG TI{ENCE along the westerly hide of Bay Avenue South 30
c.]~r~es $R mlnuL, e.~3 10 seconds P.a:3L. 201.'78 ~eet us land now or
tormerly si Hager;
NuNNiNC [UIF.,.',NC]~ alert9 sa4d land So~]th 64 deg,'ess 13 minutes West
99-88 feet;
NUNNZNO 'I'Ill?NCR along sai¢~ land and a]or]g lands now or
Gregorczyk and McAslcr, South 24 d. egrccs 04 m/nutes 20
].91_42 feet,
former] y o£
seconds East
RUNNING THENCE along la~ds now or formerly of McAst~3r,
Stepsowsk¥, South 21 degrees 57 minutes 20 seconds East
to land now or £ormerly of Monse]l~
Ku3 awski and
478_75 fe~t
RUNNING 'fI~g~NCE along said land and land shown on Map of Norwold
fi]ed %n the Suffolk County Clerk's Office on March 13, 1939 as Map
127_% [.he ~otlowing five db) courscs ~d distances:
ti.) SoL:th 70 degrees 29 mi. rl. utas 30 seconds West 266.67 fee[t.-
(2) S~ulh ~ degl~ee~ 32 minut, es :t. 0 seconds East 225_25 feet_;
(3) Soul.~ 50 degrees O0 minutes West 142.50 feet:
Mar-05403 03: 4-5P GARY FLANNER ~¢ ' '~'~' ~ ~ ~
OLSE~.ESQ- 631 734 7712
(5) Sout~] 0 d~__c~rees 1-g minutes 30 .~.nec.:oeds East 535_40 fee[ to land
now or [orm~r]y of Tangney;
RI.tNigING 'I'HENC£ along said land arid along land now o~
kndruski, North 89 degrees 54 mizltltes IQ seconds West
no the eaa:ter]y side of Little Neck Road;
formerly of
b42;11 feet
RIIN-NiNG 't'ItENCE along the easterly
0 da~gmees 05 minutes 50 seconds
fo'r~ne~ly of Sa~]lle:
side of Little Neck Road, North
East 50 ~eet Lo lan~ now Or
RUIqNIN~ THENCI~ along said land, South 89 degree 5.t minutes 10
sc¢ondm Rase 150 feet and North O degrees 05 minutes $0 seconds
RIP~IJING '£'HENC]~ along 1. and now or for~nerly of Ovsi,.~nik North 0
deq,-ees 00 minutes 90 ~eeonds East 100.28 feeL;
RUNNING THENCE along !~nd;i; now or formerly of Morri.q,
SLepnosky, Lawrer~ce Orientalc and AcLu, North 0 degrees
30 scc;sr~d~'l~ West 700 feet;
Schuhman,
00 minuh~
RUNNTNG THENCE alo£l~ said land of AcLu, South 89 degre,ls 59 minutes
30 seconds West 150 £cet uo the easterly side of Little ~eck Road:
RUNNING THENCE along che e~sterly side of Lits].e Neck Road, Nerth
0 dccree~] O0 minutes 30 seconds West, 385.83 feet amd North
de¢trees 1~ minutes ].0 seconds 264.17 fee~ to the point or place
BEC£~IIN~.
SU[~JECT to non-exclusive right-of-way 50 feet in width in favor of
'l'ang£~ey~ rnnnin9 casl£erly from bittlc Neck Road sl,)r~-~ ]ands of
Andrnaki and Tangney, to the northeast corner of land of Tangney,
Ds r'e(xolr{'ted in Libor 7300 ep 228.
Mar-OS--O3 O3:4BP GARY FLANNER OLSEN.ESQ- 631 734 7712 P_O5
DECLARAN~: ALBERT
~.S. REF. NO.:
tn the matter of
the [~ ndcrsigned,
CON~NT OF MOI~TGA~EE/LIENOR
K~UI~SKI, J~.
the application of Albert J. Krupski, Jr,
as ho]_der of a mortgage or lien on p emi~es
describ~.d in Schedule A annexed hereto, hereby consen[s to
the aDl%exed covenants and restriction o~. said premiseS.
ACKNOWLEDGMENT
StaLe of New York )
):sS.:
County oi Suffolk )
On thc.~ ~ day of ~-~in the yea~ 2002 before me, the
under.,iqr, ed,~ personally appeared, ~&~
personalIy known to me or proved Lo m~on the basLs of
satisfactory evidence 5o De the individual whose name
subscribed to Ene within lnstrument and acknowled~;e~ to me
that he/sh~ executed the same mn his/he~ capacity, and thaL
by his/he~ignature on the instrument,
Nm~,I-P~J~ n~ NeW York
N~ 52-4.~09272
O~{if%ed in SuffoJk County
Commission Expires O~ 31, ~ ~ ~