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HomeMy WebLinkAboutWhitaker House PropertyDECLARATION OF COVENANTS AND RESTRICTIONS Whitaker House Property 52875 Main Road, Southold, New York THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made on the __ day of ., 2004 at Southold, New York between the Town of Southold (hereinafter called "Town" and (hereinafter called "Purchaser"); and WHEREAS, the Town is the owner of real property and the improvements thereon located within the Town of Southold, County of Suffolk; State of New York, Suffolk County Tax Map #1000-61-1-5, and more particularly described at Exhibit "A" (hereinafter called the "Property"); and WHEREAS, the term "Purchaser" as used in this document refers to the Purchaser and all transferees, successors, assigns, and future owners of the Property; and WHEREAS, the Town is the owner of a certain structure located on the Property (hereinafter called the "Building") which is of architectural, aesthetic and historical significance; and WHEREAS, Purchaser wishes to acquire the property from the Town; and WHEREAS, the Town has agreed to transfer the property to Purchaser for valuable consideration, but only if Purchaser agrees to establish certain covenants and restrictions which shall be applicable to the Property and shall bind the Pumhaser and all transferees and future owners of the Property; and WHEREAS, said covenants and restrictions are for the purpose of preserving the unique and historically important nature of the Property and the architectural character of the Building thereon; and NOW, THEREFORE in consideration of the purchase and sale of the Property and in furtherance of the purposes aforesaid, Purchaser and the Town hereby declare and agree that the property is and shall be held, transferred, sold, conveyed and occupied subject to and with the benefit of the following covenants and restrictions (the "Covenants"): 1. Nothing in this document shall be construed to allow for demolition of the Building. Any construction, reconstruction, restoration, alteration, modification, maintenance, improvement, repair, replacement, or rebuilding of the Building or the Faqade is subject to the following restrictions on materials: a. Roofing materials shall consist of Architectural grade asphalt roof shingles or natural wood (sawn cedar). b. Siding shall consist of natural ~vood shingles or clapboard. c. Windows shall be Double Hung consisting of wood sash and frame with authentic divided lights as depicted in the photograph of the Building, attached hereto as E~hibit "B". 1*here shall be no material alteration oidle Fagade from that which is d. depicted in Exhibit "B". 3. Due to the prominence and visibility of the Building, the fagade, as referenced in this document, shall include all sides of the Building. 4. Purchaser shall maintain the Building in good repair. This covenant shall be deemed violated if an act of omission or commission of the Purchaser results in either of the following: a. Use of materials that are different from those specified above at section 2, without express permission of the Town Board; or b. Material alteration of the facade as shown and described in Exhibit "B"; or c. Material adverse effect on the sln~ctural soundness of the Building. 5. The opinion of the Town Board of the Town of Southold shall be conclusive as to the materiality of any acts of omission or commission of the Purchaser. The size of any signs or outdoor advertising structures shall be determined by the Town Code of the Town of Southold. The location and lighting of any such sign must receive the approval of the Planning Board, after consideration of recommendations by the Architectural Reviexv Committee and the Landmark Preservation Committee. Notwithstanding Purchaser's obligation to maintain the Building in good repair, in the event that the Building is destroyed by fire or other casualty so that the beneficial purpose of historic preservation is (in the opinion of the Town Board of the Town of Southold) frustrated, then Purchaser may be relieved of the obligation to repair and restore the Building to its condition prior to such casualty loss and the Property shall be released fi.om these Covenants and Restrictions, which shall be removed from the public record by Town. The Terms and Conditions of this Declaration of Covenants and Restrictions shall mn with the land, shall bind any future Purchaser and his heirs, successom, and assigns, and shall be included in any subsequent deed of the tract or parcel of the Property. These Covenants and Restrictions shall not be changed except by a vote of a majority, plus one, of the Town Board of the Town of Southold, or any successor Town Board. 10. Enforcement. These Covenants and Restrictions may be enforced by proceedings at law or in equity, and that the invalidation of one or more of the provisions herein shall in no way invalidate the remaining provisions herein. The Town, including any designated representative or committee, may enter and inspect the Property with reasonable notice and at reasonable times in order to insure compliance with the Covenants and Restrictions. All costs and expenses incurred by the Town in any legal proceeding to enforce compliance with the Covenants and Restrictions shall be reimbursed to the Town by the Purchaser, his heirs, successors, or assigns. IN WITNESS WHEREOF and intending to be legally bound hereby, Purchaser and Seller have executed this Declaration of Covenants and Reslrictions on the day and year set forth above. .EXHIBIT A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the comer formed by the intersection of the northeasterly side of Hortons Lane and the northwesterly side of Main Road (S.R. 25); RUNNING THENCE North 30 degrees 17 minutes 40 seconds West along said northeasterly side of Hortons Lane, 132.32 feet to land nor or formerly Town of Southold; THENCE North 60 degrees 22 minutes 20 seconds East along said land, 135.65 feet; THENCE South 30 degrees 48 minutes 50 seconds East still along said land now or formerly the Town of Southold, 132.96 feet to the northwesterly side of Main Road (S.R. 25); THENCE South 60 degrees 38 minutes 00 seconds West along said northwesterly side of Main Road (S.R. 25), 136.86 feet to the comer at the point or place of BEGINNING. Dated: February 3, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON FEBRUARY 5~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies To; Suffolk Times Town Clerk Bulletin Town Board Town A~torney El~a~e~ NerVe STATE OF NEW Y~ ,) )SS: COUJ~¢' 0,~ SUFF©LK) .."~.,¢x.~/~x../~.~,~'~',,~_-- of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished in said Newspaper once each week for / weeks successively, commencing on the ~ day of ,/~'~ 20~ ~'rincipal Clerk 20 Sworn to before,,.age |his day of /~-~,.JO CHRISrlNA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 Qualified In Suffolk County W'alta~¢ Home Preperty 5~875 Main Road, Southold, New York THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made on the , day of ,2004 at Sotehold, New _~o~k between the Town of Southold ~O~reinafter called "Town" and WHEREAS, tbe Town is thc owner ~.toon located within the Town of louthold, County of Suffolk, State of ~ew York, Suffolk County Tax Map q00~61~1-5, and more pnificuinrly lescribed at Exhibit "A" (hereinafter ailed tJ~ "Property"); a~l s used in thlsdOcum~t ~-fers to the ~v~n~"--and ~ll mmsferees, succes- WHEREAS, die Town is the owner of a certain smtntm~ located on thc Property (bereinafler called the "Building") which is of architectural, aesthetic and historical significance; and WHEI~EAS, Purchaser wishes to acquire the property from the Town; and WHEREAS, the Town has agreed to transfm' the p~o~erty to Purchaser for valuable consideration, Itut only if Purohaser asrees to establish certain covermnts and xcsn-intions which shall be applicable to the Property and shall bind the Purchaser and ali transferees WHERF_~S, said covenants and restrictions are fo~ the puapo~ of pre- serving the unique and historically the architectural character of the Building dmv~n; mad NOW. THEREFORE in considera- tion of the p~rcbese and sale of the Property and in furtbenmce of the pur- poses aforesaid, Purchaser and the Town heroby declare and a~ee that the property is and shall be be[d, trans- fe,n~d, so[d, cooveyed and occupied suliject to and with the benefit of the following covenants and resuictions (the "Covenants"): 1. Nothing in this document shall be consmied to allow for demolition of thc Building 2. Any conslruction, recon- suuction, restoration, alterntion~ modification, maintenance, lml~ovemetu' repeff, replacement, or rebuilding of the Building or the Fagade is subject to the following rest~ctions on ~s: a. Roofing materials sha~ consist of Architectural g~ade asphalt roof shingles or nntttral wood (sawn cedar). b. Sidin~ shall comist of natural wood shingles or clap- beard. c. Windows shall be Double Hung consisli~ of wood sash and frame with authentic divided lights as depicted in the photograph of the Building, attached hereto as Exhibit "B'. iai alteration of the Fasm~ [sum that which is depicted in ~ "B. STATE OF NEW ¥ ,K) Building in good repair. This c~v~mmt shall be deemed vinlated if ~m act ~ omission or commission of the Pm~chaser results in either of thc fuBowi~: $. Use of materials that are diffm~ent from those specified above at section 2, without express pemussion of the Town Board; or b. Material alteration of the faqade as shown and described in Exhibit "B"; or ¢. Material adverse effect on the structural soundness of the Building. 5. The opinion of the Town Board of the Town of Southold shall be conclusive as to the materiality of any acts of omission or commission of the Pmchaser. 6. The size of any signs or out- door advertising su'uctures shall be detenuined by the Town Cede of the Town of Southold. The location and lighting of any such sign must receive the approval of the Planning Board, after consideration of recom- mendations by the Architectural Review Committee and the Landmark Preservation Committee. 7. Notwithstanding Purchaser's obligation to maintain the Building in good repair, in the event that the Building is destroyed by fire or other casual~ so that the beneficial purpose of historic preser- vation is (in the opinion of the Town Board of the Town of SonthoMI frustrated, then Purchaser may be relieved of the obligation to repair and restore the Building to its condi- tion prior to such casualty loss and the Property shall be released from these Covenants and Reslrictions, which shall be removed from the public record by Town. 8. The Terms and Conditions of this Declaration of Covenants and Restrictions shall mn with the land, shall bind any future Purchaser and his heirs, successors, and assigns, and shall be included in any subse- quent deed of the tract or parcel of the PropetW. 9. These Covenants and Restrictions shall not be changed except by a vote of a majotity, plus one, of the Town Board of the Town of Southuld, or any successor Town Board. 10. Enforcement. These Covenants and Restrictions may be enforced by proceedings at law or in cquliy, and that the invalidation of one or more of the provisions herein shall in no way invalidate the remaining provisions herein. The Town, including any designated ~.p- and inspect the Property with rea- sonable notice and at reasonable times in order to insure compliance with the Covenants and Restrictions. All costs and expenses incurred by the Town in any legal proceeding to Covenants and Restrictions shall be reimbursed to the Town by the Purchaser, his heirs, successors, or assigns. IN WITNESS WHEREOF and intending to be legally bound hereby, Purchaser and geller have executed this Declaration of Covenants and Res[fictions on the day and year set forth above. EXHIBIT A ALL that cext~in plot, pisce o~ !~r- cci of Im~L wi~h Ike b~i[di~s md To,,~ of Smm~ Comity ~ S~fotk BEGINNING at the comer formed by the in~tinn of the northeasterly side of Hortens Lane a~l the north- westerly side of Main Road (S.R. 25); RUNNING THENCE North 30 along said northeasterly side of Hortons Lane, 132.32 feet to land nor or formerly Town of SouthoM; THENCE North 60 degrees 22 minutea 20 seconds East along said Iand, 135,65 feet; · THENCE South 30 degrees 48 minutes 50 seconds East still along said land now or formerly the Town of Southold, 132.96 feet to the north- westerly side of Main Road (S.R. 25); THENCE South 60 degrees 38 minutes 00 seconds West along said nox~hwestedy side of Main Road (S.R. 25), 136.86 feet to the comer at the point or place of BEGINNING. Dated: Fehiua~ 3, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished in said Newspaper once each week for / weeks successively, commencing on the ~ day of ,'"~"~ 20df'~ daySW°rn to ~,f/.~me this ?of 20 ~¢ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01 -VO6105050 Quallflecl in Suffolk Count,/ Commission Expires Febtuoty 2S. 200-8 LEGAL NOTICE NOTICE IS HEREBY GIVEN that at a regular meeting held on 3rd day of February, 2004, the Town Board of the Town of Southold, New York duly adopted a resolution, an abstract of which follows, which resolution is subject to a permissive referendum pursuant to Town Law Article 7. WHEREAS, the Town of Southold, New York is the owner in fee of the following described premises with the buildings and improvements thereon: the property located at 52875 Main Road, Southold, designated as Tax Map# 1000-61-1-5, also known as "Whitaker House"; and WHEREAS, said premises have been and remain vacant and are not necessary for any town use or purpose; and WHEREAS, said premises has been declared by the Town Board to be "surplus"; NOW, THEREFORE, BE IT RESOLVED, that, subject to permissive referendum, said premises will be offered for public sale for an amount to be determined, but not less than the Appraised Value; and be it FURTHER RESOLVED that said premises will be offered for sale subject to a "Declaration of Covenants and Restrictions" designed to preserve the unique and historically important nature of the property and the architectural character of the building; and be it FURTHER RESOLVED that Joshua Y. Horton, as Supervisor of the Town, is hereby authorized to execute all documents that may be required to advertise and/or list the property for sale; and be it FURTHER RESOLVED that Joshua Y. Horton, as Supervisor of the Town, is hereby authorized to execute any and all documents that may be required to effectuate the sale and transfer of all right, title and interest of the Town in said property; and be it FURTHER RES~]~VED that the Town Board of the Tow~f Southold authorizes and directs Town Clerk Elizabeth Neville to advertise the aforementioned in accordance with Town Law §90 relating to resolutions adopted subject to a permissive referendum. Dated: February 3, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON FEBRUARY 5~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies To; Suffolk Times Town Clerk Bulletin Town Board -T~[t ~=~ Town Attorney STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the qo day of q~'e..~ ,2004, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial mann~r, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Southold Town Clerk Sworn before me this ..~ day of ~r-'~ ,2004. No~l~y Public - "~noo'9 qo.rel,al s$~!dxg mjej. qlOt.lns ul Pe!l!l~anO ~g60il09Oa [0 'ON ~PoA a~eN 1o w, mS 'Ol'IGnd ),aVl. ON NHOG 'IAI ¥CINX'I REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CI.ERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 98 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 3, 2004: WltEREAS, the Town of Southold, New York is the owner in fee of the following described premises with the buildings and improvements thereon: the property located at 52875 Main Road, Southold, designated as Tax Map# 1000-61-1-5, also known as "Whitaker House"; and WHEREAS, said premises have been and remain vacant and are not necessary for any town use or purpose; and WHEREAS, said premises has been declared by the Town Board to be "surplus"; NOW, THEREFORE, BE IT RESOLVED, that, subject to permissive referendum, said premises will be offered for public sale for an amount to be determined, but not less than the Appraised Value; and be it FURTHER RESOLVED that said premises will be offered for sale subject to a "Declaration of Covenants and Restrictions" designed to preserve the unique and historically important nature of the property and the architectural character of the building; and be it FURTHER RESOLVED that Joshua Y. Horton, as Supervisor of the Town, is hereby authorized to execute all documents that may be required to advertise and/or list the property for sale; and be it FURTHER RESOLVED that Joshua Y. Horton, as Supervisor of the Town, is hereby authorized to execute any and all documents that may be required to effectuate the sale and transfer of all right, title and interest of the Town in said property; and be it FURTHER RESOLVED that the Town Board of the Town of Southold authorizes and directs Town Clerk Elizabeth Neville to advertise the aforementioned in accordance with Town Law §90 relating to resolutions adopted subject to a permissive referendum. Elizabeth A. Neville Southold Town Clerk