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Home My WebLink About1000-98.-2-13 ~ I j I I I I L__- ~ .e- , / 0 trY \) 01 ~ / , .' I ! ( N. 89~OC3:::n:. l"ii.35 '\-6 ~"o, ""'. 6'0.. ~ ., 2..,' '. / . 29' f r ~ ! .. I N.88.~2'20"E , I 1'=>0.0 ..-- f- lfl r>= lfj '---/0 128/ '+ ., 0 81 0 d .,. A g ~ f '. 0 0 (IJ i '" -!o .27' ,. ~ ( o .'r r-- t.{88'~2' 20"60: --- 160.0 /2. r -I. . mi\ ':.. r- 'L ,\ Q lfl . ~i . Z ,: \\11 :I!i Q Q -- \ to I .210 ~ "'1,08~'" ,oj-. " ~, ~ / / .. i I I ie \ I I I I I I I I I I ! 1 1. e- ' ...... ~ " I ~'\{ In ~ I \/~ ~\I ~\I 011, 0/' , Cll1 !1l <t I b .1 .'t 'i-3- r- ' _ L..:,,-_. 110 J-J //,;:::>1 !~ ~ I~~ I 5 i ii (6o<'d .,~ ' NeC~/-/~~ ~L~~d71!\C\/- , 0 i ! Qj I \ en I \ t I _ I t 11 L (j I - j.J \ U (fj! \ ! ~ wi \ \ \. ti1 ~ I I" : _~ 1 \ ~ ffi ~ \ \l Q ~l. L_\ 'll \ j Co....pfi"-. \ . , "',~ \ ., -- ~ r .-- \' ~ \ ~ f .. / '\\ 'i ..!J <I "/ . \/ J> .. / Q.fJ N /0 -. - C~MPFl12e LANE: Il 11 -C ol" .. i l.~ .' .......... 1: \ ,I \J)""'- -~" ~ I " v MINOI2 SUSC)/vis/ON MADE F=<::JI2 . WI.L.. L-=IAM .C...BL ~.I<.r:;= t:rr PECON/C I TOWN 0;::: EouTHOI-O, NY . ~ j Scale: 100'41" A ' = 1.8bl ocrws ~ '" monumen+ i I I . I i I I I 1 I ! I i ~ . 1 " 't ) ~ , .. . i ~ SuffOI'l.: Cam-hj 7b1< M;P De;,1'Jrta+iOll; Oi5+, 1cx:x;J, 5ec.09B.8(/.:.2, R;(s. 13-~; No fcrf +0 be fur+her- r,ubdivided; Premi5e:3 =-cI -~ '- t2es./Ar, wa+-- 5UpPbj 4 :!!SV\K1']8 ditlpo$D/ ~sTem~ will ff1l!1trl Suff Co, Heai#, Cepl-. specs.; Corr+our-e fro"" Suff-Go, O.PW, o....iol. i :,. " ~ i I i ~ i! J :MAUTHORllKl ALTtRATlON 01 ADDfTto 10 THIS SURVEY IS A VIOLATION OF " SECTION 7209 OF THE NEW YOIUC STAT( fDUCATION LAW. COpts OF THIS SURY1;v MAP NOT IIAIINQ 1lIf lAND SURVEYOR'S 1t<<ED SEAL 01 EMIOSSfD SEAL SHAU NOr II CONSfOIUD. M J-J~rI j~ /9 ~ 10 IE A VALID TRUE CO'Y. ~ .alr-" Jt.JHe .... J 0':':' .,oj GUARANTEES INDICATED HERroN SHAll RUM :.1; ~r.,.....~ C \ /..... -r; p~ ONLY TO THE "RSON FO, WNOM THE...." ,. ~~KO.' ....k::. vt-1N IUYl-, .f..,.... .ISmPAJtED,ANOONHISBfHALFTOYPtE '-;,.. '-"7 \/ ---r-= /'; mu COMPANY. ,"OVUNMfNTAL AGBCY ANt .,., _. ~~. ~-- _.,:;....~ LENDING INSTITUTION LISTED HfIIDN. AM) _'" fO THE ASSIGNEES OF THE LENDING ..n. 1 " '-ic:;en~ LOMd Su~ lUTION, GUARANTERS A.. NOT --....' J '~.' - --7-- - ro AODIllONAlINSfl1\ll1ON5, at SUlSfOf" d. ar-eenpor-f- - New Yorlc:: """... ~ ._____..__.m..... ---,.-..-' ......-........ .... m. ..-- I . T Southold,N.Y.II971 HENRY E. RA YNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILUAM F. MULLEN. Jr TELEPHONE 765.1938 July 21, 1982 Mr. Willian C. Blake P.O. Box 189 Peconic, New York 11958 Dear Mr. Blake: / The following actions were taken by the Southold Town Planning Board, Monday, July 19, 1982: RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of William C. & Patricia Blake, lo- cated at peconic. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as designated on the minor subdivision map of William C. Blake, located at Peconic, dated June 4, 1982 upon completion of the State Environmental Quality Review Act. Upon receipt of six (6) copies of the final map, we will expedite referrals to state and county agencies. This action is necessary prior to the chairman endorsing approval on said maps. Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, secretary , '.~~~'.. ," ""'),"" ., ~II:"'H.- - ..~.{ . Southold,N.Y.11971 HENRY E. RAYNOR, Jf. . Chai,man JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RJTCillE LATHAM, Jf. WILUAM F. MULLEN, Jr. NEGATIVE DECLARATION TELEPHONE 765-1938 September 20, 1982 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of William C. Blake is a two-lot sub- division located at Peconic. The project has been determined not to have a significant effect on the environment for th~ fOllowing reasons: An environmental assessment has been submitted which indicated that no significant 'adverse effects to the environment were likely t~ occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designation. A precursory review of the subdivision indicates conditions are suitable for individual sewage disposal systems; however, problems may be encountered with obtaining potable water due to the effects of agriculture one the groundwater supply. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 I , . . ~ Copies mailed to the following: Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Dept. Health Services Suffolk County Planning Commission William R. Pell, III William C. Blake, applicant ~ . . ~ . . . . COUNTY OF SUFFOLK AUG 16 RfC'O PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER August 9, 1982 Henry E. Raynor, Jr., Chairman Planning Board Town of Southold Town Hall Southold, New York 11971 RE: Minor Subdivision of William C. Blake Peconic (T) Southold Dear Mr. Raynor: We are in receipt of your letter dated July 30, 1982. This Department has no objection to your designation as lead agency. A precursory review of the above referenced s ubdi vi s ion i ndi cates conditi ons are suitable for individual sewage disposal systems; however, problems may be en- countered with obtaining potable water due to the effects of agriculture on the groundwater supply. Very truly yours, CL-{Q~~ Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR: 1 j r COUNTY CENTER RIVERHEAD. N.Y. 11901 (516) 548-3318 QI13"'1 0/1, . . Southold, N.Y. 11971 HENRY E. RAYNOR, Jr. , Chai,man JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILUAM F. MULLEN, Jr. TELEPHONE 765.1938 July 30, 1982 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 i Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of William C. Blake located at Peconic. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. Nay we have your views on this matter. Written comments on this project will be received at this office until August 16, 1982. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Qual;ty Review Act. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Ene. cc: Dept. of Health Services / . . APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the South old Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be .................................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested. ) 4. The land is held by the applicant under deeds recorded in Suffolk follows: Liber ....8'./~~............ Page ....~~.rr............ On Connty Clerk's office as . .r~/{f.~/?~. .Ch!?v Liber ........................ Page On ........................ Liber ........................ Page On ......................., Liber ........................ Page On ......................., Liber ........................ Page On ......................., as devised under the Last Will and Testament of ....................................... or as distributee ....................................................................... s. The area of the land is ........1......... acres. 6. All taxes which are liens on the land at the date hereof have been paid except . fl.ot4. e. . . 7. The land is encumbered by ........ f't.~.$T........................................... mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in original amount of $./8:1 ?~..~~. unpaid amount $ .. ~.~JS::. .~...... held by N,C?, .IJ.I$>.~(..,~~N... .............. address .~'I.tf.:.<j/s!:.$T1!.ff.r;. .tj.i~:/.f:l.j......................... (b) Mortgage recorded in Liber . . . . . . . .. Page ....................... in original amount of .............. unpaid amount $...... . . . . . . . . . . . . . . .. held by ...................... .............. address ................. . . , (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $...... . . . . . . . .. . . . . . .. held by ...................... . . . . . . . . . . . . . . . . . . . . .. address ......................................................... 8. There are no other encumbrances or liens against the land except.... .N.~.~.~......... 9. The land lies in the following .zoning use districts ...ft .7'. ./?i?'?.! .Pi; r!.T/.f1. .L. ... . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- "I N~ cept .......... !r.o.. ..I;::.. . .... .. . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . .. .. .. .. . . . . . . . . . . . . . . . . . 11. The applicant shall at his expense install all required public improvements. 12. The land (~) (does not) lie in a Water District or Water Supply District. Name of Dis. trict, if within a District, is ............................................................. 13. Water mains will be laid by ........................................................... and (a) (no) charge will be made for ins talling said mains. 14. Electric lines and standards will be installed by and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system. annex Schedule "EO> hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "e" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets w hieh are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions v"ith the proposed streets. 20. In the course of these proceedings, the app lieant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all re-strictions, covenants, etc. Annex Schedule "D". . . . . 22, The applicant estimates that the cost of grading and required public improvements will be $. . . . . . . . .. as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .., . . . . , . . . . .. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F", DATE.......... ..J.<!Aif... ~....., 19?''1- tV (t-U /9-;Vr (2 J!>c...t9kE ............................ r.................., (Name of Applicant) By ..;If/A(J...~........ (Signatnre and Title) , ' , ,!?:'?;< . !'B:r, , .. f}::'!~<<?t. .4.1 . /('(S-o'- (Address) CI ~/ I't-- STATE OF NEW YORK, COUNTY OF." ~",-.I.... ,P.. {\.,..,"'" ss: On the,..., 9111...... day of..".,.,'~ .N.. c:......,.,., 19. .tr:a., before me personally came , .. .. .W .~ l.I. i Ii. .>n.. .. .C'. J3.J ~.kc:. .. to me known to be the individual described in and who executed the foregoing instrument, and acknowled ged that . , he. , . . , . executed the same. , lU/lU1Il4 AIIN I'IIMUlI *IMllI' ~BlIC, State .1 """ _ No. !l2.8125850, SUlfofk ~ TwmfMpi,.s Marth 30. 17 f!'"~v:,4~ l2~,!rl.. /,./. ~dJMiic-~- ~~~ STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58: On the..,............. day............ of .............., 19......, before me personally came . . . . . . . . . . . . . , . . , . . . . to me known, who being by me duly sworn did de- pose and say that ....",.. , .. resides at No. '..,.."...."".,......,......,.......,....,....., . . . , , , , . . . . . , . . , . , . . . . . that ..,.,.,........".,.,..,.. is the .,......,. of .................. ..........................................,............ the corporation described in and which executed the foregoing instrnment; that ,.......,.., knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation, ,inri tlwt ........,." signed..,........,.. name thereto by like order. Notary Public J:1STf:tJCTJOIlS: (oj In orde:r to onsw",- the questions in this short E^F it is assumed 1hoYthe preporer viII uso_ currently available infornation concerning the project ond the: li);oly impocts of the action. It is not expected that additional studie~, research or other investigations will be undertaken. (b) If ony question has been answered Yes the project may be significant and 0 completed Environmental Assessment Form is necessary. (cJ If all questions hove been answered No it is likely that this project is not significant. (d) Environrn~ntal ^S~C~5m~llt 1. \'Iill p.-ojoci resu-ti--in 0 large physical change to the project site or physically alter more thun 10 Clcres of lund?....................... Yes 2. l'/ill there be a major chon,)e to ony unique or - /' -ur.usual land fOI m found on the site?......... Yes Vllo 3. l'Iill project olter Or have a large' effect on - . / existing body of water?................~..... Y~s ~No 4. "Iill project have a potentially largo impact -;-. -:- on groundwClter quCllity?...................... Yes ~ 5. l'lill project significantly effed drainage . ~ v-2: flow on adjacent sites?....................... Yes No 6. l'lill project affect any threatened or - -' endongered plant or onimol species?.......... Yes //'No "I ill pro j c c t res u 1 tin a ma j <, rod v e r 5 e e r:.F c i: t -;- '. / On air quality?..;..........................:.. : YesVNo ll. l'Iill project hove a major effect on visual . - - clwrocter of the cor"munity or scenic views or . . vi:do$ known to'be important to the community? 'Yes v1-l0 9. \1ill project odversely impact ony site or ---:--: structure of historic, prehistoric or . . paleontologicol importance or any site dcsiunoted os a critical environmental orca .-/ hy 0 local agelley?... ". .....~~.~~~.~..-~..~.~..~ Yes ~to 10. l'/ill project hove (J major effect on existih!) - - or fu lure recrc:otionol opportunities?........ Yes ~ 11. 11.\11 project result in .mojor traffic problems - --:- Or cause 0 major effect to ex~sting transpnrtotion 5ys10m:;?...................... Yes v-No 12. \'Iill project reGularly couse objectionable - - odors, noise, glore, vibration, or electrical disturbo:lce os a resul t of the project I s //. opcrotiorl?........ ..... ."..... .. .. .. .. ...... ...... .... .. ...... .. .. .. .. .......... Yes VNo 13. \'Iill project hove an)' ir;'poct on public health - ~ or.safety?................................... Yes No 14. l'Iill projcct offect the existinn community by - - directly causing 0 growth in permanent population of more than 5 percent over 0 one year period ~ hove a mojor negative effect On the character of the community or neighborhood?... . .... .. . . . ..... . ., ... .. ...... Is there public controversy concernillO the project'l....................... .................................................... 15. :'ii\..-,; I ,.f,')I~.J.I.I.l._.'.....l-......."'.,'j _'" ~ '.',1._ \ ,\ _ ,\-,_--,,--',,,)"1'_ j 1"\1,',1.; . v(o 7.. Yes ~ - - Yes'~ PREPM~ER'S SlGllATUP,E fl0~c- ~ REPRESEflTING .seLF D^ T E 5";;1-/7'7-' I I j'o:" -.. . . c.,\WfDLr ~ p~, \.,&-;'\ iI'fG~!J: cg.;: l\D '''''., '.'......1,. ,o.:.,.i. h.......\. c;;::. ~ ~ :.'::":~~:i ~,:_:;::.~;,':_;, -<. ~ , TO'I5'i: Q.!lr,'iOL!Tn.Q' D ~t.n \', a I "s"1 !;;2:> s l~ITotK~ijN;~ . <:'iJ,- -';:;o"\)' ..!. i~' ". ., Southold, N.Y. 11971 HE:\RY E:. RA y~O~, .Jr.. Ch.lir:;'J;:m FREDERICK r.. COi?DO=-: JA~.I!:S WALL I3E:--;:-;F:TT ORLO',\'SKI. Jr. GEORGE RITClII;; LATlIA~,I, Jr. TELEPHONE .765.1938 MINOR SUBDIVISION REQUIRED DOCU~ffiNTS , Sketch map - 6 copies 6,<llJ~~17 rEOM vii-No Tjw::::..s(t1-/8'1- 'f77-~17C 5 foot contours Scale 1" = 100' Key map "lith property location and distance to nearest existing street intersection WIi..LI f1 "" (].. J!Jl-fit::.t':. _ $, lA,/ ~ e . 15<fiKE E. F/II.~fitlO I-IMe o\'mers t'HIl.ufI N/(fAte ' ~. "'Rbi/it/leI- 0. I16f=LSo;J looo-SCie-, 'o.'ffl-{l,t...oe..K 0-:1--'-0/5 I ~"lrl'l- Name of O\mer and adjoining County tax map numbers C/Sf. Fee at $25 per lot ., .' If within 500 feet of the bay, sound or estuary thereof or county or state road, letter regarding drainage, grading and ,road construction - Short Environmental Assessment Form HrTIi'e.HcO Legal description of property -oe~n . . Southold Town Planning Board Town Hall Southold, New York 11971 S-;'3-/~1- Gentlemen: Re: Sl-IfKI! St:f-O'=:~ 11~f2.Ou)He~" COVe. fi:: (!.o;J I C; N -I /t t(S-8"' The fOllowing statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, !It/~~.~ . FORM NO.3 . TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. ............................... To .L~t~~I.~~. .c;-...4;.. r.~FI.c,..t.~.. . . . . . r~.q ~ .""B .c,1:-,.., . .1. ~ .7. . . . . . . . . . . . . ... .. .. .... . . ~I!.~~~ ~~. . t:-'.:r... .. .11 958 . . 5/t 0 S 2.... PLEASE TAKE NOTICE that your appl1cal1on dated. . . . . . . . . . . . . . . . . . .. ....., 19.. . . . for p. '.. l.__l . Y(\~I:\.'Y:r. . . .I:-~~/.;t>. . .C;~.f?:r.'.r:.'~~!~ . . .4f .crc.Yf?f'o.'\'ec . . at ~CON LocationofProperty ................ /{i~~.O.~ !"l.E.~~.... .I..J~."!"'....... ~~I.'..:r.I.. ~~ House No. Street Hamlet County Tax Map No. 1000 Section ......9 e. . . . Block ...... .a. . . . . Lot . J? :t ~.'f.. . . . Subdivision^~. (~E~~. ~(~~~iled Map No. ..? 8. /~.. . ... .. Lot No. . .?7.t. ?J. .. ... . Date. . . . . . . .. . .. . .. f!.~.'{ . .1?;-19~~ Bl.-AKt::' MfFGlill is returned herewith and disapproved on the following grounds . .",!~.I~ . .~U~ .l>.I~.\~! ~!':I. . !~ .~~.T P.t-:l. :'0!~. .,?~.C~~I.~I:i.. !-!:'>.T.. .A.~~...'f:fJ:!:.. ~.~.":l.e:'R... .o.~.r>:l.S.. .f!'..t.,.~g.. .~~~~.(.t-I6- LOTS' ....... ......-.............. -.............-.................. ... ,.. ... ,. ..... .... i. c,Ji~;:i0'~~;:r: .;;~"~~< ... ... re~i w.e( . ..........~~.b~~. Building Inspector RV 1/80 fi!e</U.- )Jfl(I17.14 J~ m(t~l Ch>'-1COt'l-;zh r'vv'Yv.-<i ~t(,,(/J'1.-d ICHM ~J.( '# /lPCrJ -ZtP\ ~r.e-( ~ ~dw-.&b .-/f0W\. pw~ ~ .:2. ~5.~ ~7+-)'8J a-<'l {5+;J ~ 41Uf ~ ~ ruff ~"'tc ~C'fJ 'J?u. f . A..>>;&' J.t 'Jj: cr. -- ',";'-;~-"~",~", .. ._,,,........ ~~,~Jt1:rf~?:~~~~....,'iJ.f'''if;..,~~~~='~r<i~.,_,. Yt;t:1;" ~," u 3 5 b D . -I.: - t "..-" "~'~'f~ '" ~ 1'<$<7.0 " fII ( !'II \) .... III Cl ~ ,,~ f rh ~"6 , '.'1 \ Il Cl 28-/0, C\l \bl 1 \ ?\ \ . l./,!,.. " 0 ~. _c_ .gOO 1.96. ~c. ~: , f ! ii ~ ~ , , . ~ . 13r r / I I 27 \ . \ 2. 00 ,) ,? , 100.0 r . l( 6' ~<:. ( I / ,~' ;:~~ , I 160.0 /!i., , \ .... , !\j 1 \'llll 1 ~i~ \ ,I - / .... f 1 l-) ~ I I I .p 00 "go- \' " zJ1r ~ . ,."..lL.;i_ I "". ,..~o -. :.J""'O""O'" /.c/, >", \ I\J II' / N " Cl ,0 \ !) i~ \) /4 ICl I Q , "--. '- \ ... ., ~ I .... '" ~ \) '-f' \ '..~ , 0.0 I 'j N.8!1 <>0& '30'.s:. . ,0' 7.3S c.. . .... " Cl :oJ WI '" - 2_~,:, ~.se by~. .... ~ !II III ~ ~ .s::.~.. a 0"",. <:I;:.. "'0' .... ',)>> ~, " //)4/ -' . , BOAT (T, b~ d x c: l" l") / ... o ... tIj , tot .... C)'l\ \l 23 ~Il '0," 10 '"' 'V';J " ~ ~890~.c'3C'E: \ 1+".7"7'- \ \ ~ ....C". ".... ~o+ <::- /' ~ ~q ~~ ~ 22 E.] TH ~z \ G T.e,sr . W611~1 \ \ \ /;, 'S'- I', . &'.9 0 '/9 ..$"'"0''' , '90", ~, . \,s-, I S, ~-? I \ ,:9 , ", 20 \ I I \) " , 'o:t . tSOcs Q \ "",,- \ ""0+ ~ /8 \ ~~ ,,">', I '_'_ "'" ~ \ \ ~ " .... , Il ? CI l) .... , ... 00 ^:> Y "'7 <:> 4n.. "'~ /:'7 ~ ~ 'S' ~/hJ ~Jv ~ ~,y --t:(;C<,~qe/fd "Il- 3 'ii7 () e, c( <;r:y. ~ ~ ~~ 'J:i;;: ~ h~ ~ G: .yO~ro "'.... (0 -1 -- ';- Ll3[ ~.~ ./ (1 Q :E i 7._ i5 ~i_ ,>- u ~i4 ~?j ffl~ [lJ? ~\ ~I '" ~~ i- '.-; 'i ~ l' ~!JnJalJ r-",',Y.B,-'.lI_ FUIlI1 :->001' 1.75 .lj~!. Baq!.JlIl JIIJ S.ll,' I),'c-d, Wil!W\'l <.'<,1"'''':1\ ,'\!lIlnl Cralnu!'! i\CII_IIIJi\'iJua] or COIl'oulion (single sheet) CONSULT YOUR LAWYER BEFORE.ING THIS INSTRUMENT-THIS INSTRUMENeOULD BE USED BY LAWYERS ONLY, Slo!) '~'.:338 ...) THIS INDENTIJRE, IlJade tbe BETWEEN NATHANIEL New York, New York Jayof December . nillt.:ltTIl hUlldred and seventy-six O. ABELSON, residing at 54 East 9lst Street, party of the first part, and WILLIAM C. BLAKE and PATRICIA L. BLAKE, his wife, residing at (no street or number), Peconic (Box 189), New York party of the Iecond part, wrI'NESSET'JI. that Lhe party of the first part, in COJUideration of ten dollars and other ft!uable couideratioa paid by the pany of the IIeCOnd pan, does hereby pant and rel_ unto Lhe party of the IIeCOnd part, the heira or sUClCellOr. and assigns of the party of the aecoIId part forever, ALL that certain plot, piece or parcel of land, --':.L .1.._ """:1..1:,., --..I :-r --...- ...L1.. If 1 ~. situate. lyine and beinc in the Town of Southold, Suffolk County, New York, known and designated as Lot Nos. 27 and 28 on that certain map dated December 14, 1962 entitled "Map of Arrowhead Cove at Indian Neck, peconic, Town of Southold, Suffolk County, New York" filed in the Office of the Clerk of Suffolk County on June 20, 1963 in File No. 3810, Abstract No. 4323. . 18742 ." f,t::CEIVED :~ __ ..:J..".7.,.'5".'!..... ;,EAL ESTATE JAN 3 1977 Tf,,...,c',FER l~ SUfFOLK ... COUNTY ~ !;~~~:~: ~~:I~:~ ~'~~.:~~111. I~~ ~:.~~~ ;i :~.l~~:.!~~. f!.~l~~ :'TJc~tH~~ wiJ. ~ a~rt~ance: and all the estate and r~hta of the party of the firat part in .nd to Aid premises; TO HAVE AND TO HOLD the premises herem ....nted unto the party of the second part, the heirs or successor. and auip. of the party of the IIeCOnd part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be apflied first for the purpose of payinll: the cost of the improvement and will apply the same first to the payment 0 the cost of the improvement before using any pan of the total of the same for any other purpose, The word "party" shall be construed as if it read "parties" whenever the sense of this indenture 10 requires, IN wrI'NESS WHEREOF, the party of the first pan has duly executed this deed the day and year first above written. '11 L T I ITI 11~(y.~ Nathaniel O. Abelson -""----- - L1BEf. 8159 lAfE 33!J ITAn o. NlW Yon, COUNTY o. NEW YORK ... On the ~r#day of December 1976. heforc me personally came NATHANIEL O. ABELSON to me known to be the individual dcscrihed iu and who rxecuted the foregoing instrumellt, <Ind al'kIlClWlt'dgt'd (hal he executed the same. . // /y a~(7 J :favPvP Notary Public ., -- IlIlERT F. KAtNIOI ..., "'bJlc. Stmo of ~'. . ; No. .50'" . hI/floc! In R,., IIIrIIwnIuJon EJlP;ffl' ~HL,,,I 3t' I f 7 7 f'lAIf.,~ J< ,f I) ITATI OF NeW Yon, COUNTY OF 00' On the day of 19 , hefore me personally came to me known. who, being Ly me duly sworn, did depose and say that he resides at No. .' that he is the of . the corporation descrihed in and which executed the foregoing instrumeut; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion. and that he signed h name thereto by like order. "rgaln anll "'1, .,,11 WITHOUT CoVENANT AGAINST GRANTon ACTS !TLE No. c, - J' 7 {. ./' I NATHANIEL O. ABELSON TO WILLIAM C. BLAKE and PATRICIA L. BLAKE, his wife STAND"" 101M Of MIW YOU: lOAD Of nTU ~1.wamU -- ., . TITle GUARANTEE- NEW YORK A TICDR CIlMMNY i,\ -'- -"1 -:r ,Vo, 1\ A '/'" - (o' :):; ~". " ) ~'r-l , . /'l_/ '1 l,~ ('J - t,! J\-" '-.. ;:"', .;:' .J ~'-:-: I" ...:.;,..~, 7J " 0 "'.' ./'/- LL.lld fJf] ~" ;J~;., 030&0,7,:/,,/ "!, " " , ;) " ." \ .'\ ) -,~ --"_...:!!_~_...- -,- ITAn OF NEW 'Ion, C_TY OF ()n Ihc day of personally came .., 19 . before me to 111(' known to he tht' individual ('Xl'ruled tht' foregoing instrullIent, OJ ('Xl'ftJlt'd the samt'o descrihed in and who and acknowledged that IT A TE OF NEW Yon, COUNTY 011 .., On the day of personally came IIU' Sl1hs<:rihill~ witnt"ss to the foregoing instrument, whom I am personally acquainted, who, being by me sworn, did d('pose a11ft !IlaY that he resides at No. 19 . before me with duly thaI he knows to be the individual c!esnihed ill and who rxecuted the foregoinK instnunent; that he, said subscribing witness, was present and saw execute the same; and that he. said witness, at the same time subscribed h name as witness thereto. ~IICTtuN j\'->7UI.. ~ ,'t'<"c. BLOCK : "- L ;. , f- <- LOT ' ), } ('~/i ',. (. COUNTY OR TOWN Southold, County, New York , ("I J/c11 'e"~() .'JY'''~6' 8 >- .... Suffolk ., ~ ::) ,) Recorded At Request 01 The Title Guaranies Company 'J . RETURN BY MAIL TO, ~RoBut< /.,' ~ ( /1 ( I\f E. 1..... t{IJLCIVY ;: 1< ;{ '" /( L I "" ;{ v' ~ . I D L A Ai t: (.o..J Yo tV<-. .: / . Zip N.. /I ro , . '- . .1'1, fl' ~\~ v / 'I: II I Sr.mn3fr! N_Y_lI.~.ll. Form 8014- 6_74-2WIlS: ~lotl!!;\j::l."-Jl1dj\"iJuJI (If CUrpL'rJII<:>Il. . CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT~THIS INSTRUMENT SHOULD DE USED BY LAWYERS ONLY. TI'IIS MORTGAGE, made the }f"" day of December nineteen hundred and seventy-six BE~ WILLIAM C. BLAKE and PA1RICIA L. BLAKE, his wife, residing at (no street or number), Peconic (Box 189), New York , the mortgagor, and NATHANIEL O. ABELSON, residing at 54 East 91st Street, New York, New York . the mortgagee, WITNESSETH, that to secure the payment of an indebtedness in the sum of Eighteen Thousand Seven Hundred Fifty ($18,750.00) -----------------------------dollars, I lawful money of the United States, to be paid in yearly installments of $1,875 each payable on the first and each subsequent anniversary of the date Ii of this mortgage until the tenth anniversary of such date when I the entire balance shall be due and payable with interest thereon to be computed from the date hereof, at the r2.t~ of per annumJ RMd. tr 1~1 p~:.q 'JR th", :1a:' gf 1{) . tkenollor, to be paid quarter-annually eight (8'1>) , ..,,,,~,.+ tAC"Wg ling . n.,.r- ~-- (:entum according to a certain bond. note or obligation bearing even date herewith. the mortgagor hereby mortgages to the mortgagee ALL that certain plot, piece or parcel of land," ",t "...~ 1-,...l..1:~g'" l~,..t :~'fUi.e.:'lIW~' .t -n i ItiT, situate, lying and being in the Town of Southold, Suffolk County, New York, known and designated as Lot Nos. 27 and 28 en that certain map dated ! December 14, 1962 entitled "Hap of Arrowhead Cove at Indian Neck, peconic, Town of Southold, Suffolk County, New York" filed in the Office of the Clerk of Suffolk County on June 20, 1963 in File No. 3810, Abstract No. 4323. BEING the' same premises conveyed to the mortgagor herein by deed executed and delivered simultaneously herewith by the mortgagee ~~a 3ntended to be recorded simultaneously herewith, this being I a p~rchase money mortgage for the amount expressed herein mh I entJ.re amount of this purchase money mortgage to be 1" 1 e i-~ towdrd the balance or the purchase pr ice. app led /' L'_i.:~E"-.'jol~'""~"..:.-,;'-"--"''-''i~'' :',,- -' r~: ~)l, '~1n.-.-'~ -"~.'":..:"~rr~.-" ,~'.:-"' j - ::c'" ~ ' ~ -=_._.~'~-, -' --- ~i'.to:.-'.~.._,- ~-->....=-,;;;;;;"~;-. ,-,-,-.~ "'_. .-'<."~~...~- ~-i'"'~_'<?"'~'r~.. , '(' .~ L . . .... .1.... ~.~~ TOG.~THER with all :-igbt, title and interest of the mortgagor in and to the land lying in the streets and roads m front of and, adjoining said premises; :rOGETHER with all fixtures, chattels and articles of personal property now or hereafter attached to or useq l~ ~onnection with said premises, including but not limited to furnaces. boilers, oil burners, radiators and plpmg. coal stokers, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, wash-tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dyna..r:ms, fefTig,crators, k,itchen cabinets, incinerators, plan'..s and shrubbery and all other equipment and machmery, apphances, fittmgs~ and fixtures of every kind in or used in the operation of the buildings standing on saId premISes, together WIth any and all replacements thereof and additions thereto; TOGETHER with all awards heretofore and hereafter made to the mortgagor for taking by eminent domain the whole ?T any, part of said premises or ,any easement therein, including any awards for changes of grade of streets, whlch said awards are hereby assIgned to the mortgagee, who is hereby authorized to collect and re- ceive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the same toward the payment of the mortgage debt,. notwithstanding the fact that the amount owing thereon may not then he due and payable; and the said mortgagor hereby agrees, upon request, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning sa!d awards to the mortgagee, free, clear and discharged of any encumbrances of any kind or nature whatsoever, AND the mortgagor covenants with the mortgagee as follows: 1. That the mortgagor will pay the indebtedness as hereinbefore provided. 2, That the mortgagor will keep the buildings on the premises insured against loss by lire for the benefit of the mortgagee; that he will assign and deliver the policies to the mortgagee; and that he will reimburse the ~ortgagee.fo: any p~emiums pai~ for ins~r3:nce.made by t~e. mortgagee on the mortgagor's default in so insur- mg the btuldlI:g:; ':>T :m 50 ass:;gm4b 2.4<.i c.:l1yc;mg t1:.c f-'0Lw..;;.;.. 3. That no building on the premises shall be altered, removed or demolished without the consent of the mortgagee. 4. That the whole of said principal sum and interest shalll:ecome due at the option of the mortgagee: after default in the payment of allY instalment of principal or of interest for fifteen days; or after default in the pay- ment of any tax, water rate, sewer rent or assessment for thirty days after notice and d~mand; or after de- fault after notice and demand either in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing the mortgagee for premiums paid on such insuranceJ as hereinbefore pr<T'V'ided; or after default upon request in furnishing a statement of the amount due on the mortgage and whether any <;>ff- sets or defenses exist against the mortgage debt, as hereinafter provided. An assessment which has been made payable in instalments at the application of the mortgagor .or les~ee of the premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable In Its entirety on the day the first lI1stalrnent becomes due or payable or a lien. 5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of a receiver. 6. That the mortgagor will pay all taxes, assessments, sewer rents or water rates, and in default thereof, the mortgagee ma y pay the same. 7. That the mortgagor within five days upon request in person or within ten days upon request by m~i1 will furnish a written 'statement duly acknowledged of the amount due on this mortgage and whether any off- sets or defenses exist against the mortgage debt. 8. That notice and demand or request may be in writing and may be served in person or by mail. 9. That the mortgagor warrants the title to the premises. 10. That the fire insurance policies required by paragraph No.2 above shall contain the usual extended cover- age endorsement; that in addition thereto the mortgagor, within thirty days after notice and demand, will keep the premises insured against war risk and any other hazard that may reasonably be required by the mortgagee. All of the provisions of paragraphs No.2 and No.4 above relating to fire insurance and the provisions of Section 254 of the Real Property Law construing the same shall apply to the additional insurance required by this paragraph. 11. That in case of a foreclosure sale, said premises, or so much thereof as may be affeeted by this mort- gage, may be sold in one parcel. 12. That if any action or proceeding be commenced (except an actiotl to foreclose this mortgage or to coHeet the debt secured thereby), to which action or proceeding the mortgagee is made a party, or in which it becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee for the expense of any litigation to prosecute or dciend the rights and lien created by this mortgage (including reasonable couu- sel fees), shall be paid by the mortgagor, together with interest thereon at the rate of six per cent. per annum, and any such StUll and the interest thereon shall be a lien on said premises, prior to any right, or title to, interest in or c1aimupon said premises attaching' or accruing subsequent to the lien of this mortgage, and shall be deem(d to be secured by this rnortg.Jg-c. In any action or proceeding to foreclose this mortgage, or to recover or collect the debt secured thereby, the provisiolls of law respecting the recovering of costs, disburse- ments and allowances shall prevail unaffected by tIus covenant. . . _J . . Strjke o,tt this dawu16i' inapplicable. l3. That the mortgagor. hereby assigns to the mortgagee the rents, j~Sl1CS and profits of the premises as further security for the payment of said imlcblcdncss, and the mortgagor grams to the mortgagee the right to enter upon and to take possession of the premises for the purpose oi collecting the same and to let the premises or any part thereof, and to apply the rents, issues and profits. after payment of all necessary charges and expenses, 011 account of said indebtedness. This assignment and grant shall COtltilltlC in effect until this mortgage is IKlid. The mortgagee hereby waives the right to enter upon and to take possession of said premises for the purpose of collecting said rents, issues and profits, and the mortgagor shall be entitled to collect and receive sa;d rents, issues .and profits until default under any of the covct1;tnts, conditions or agreements contained in this mort- gage, and agrees to use such rents, issues and profits in payment of principal and interest becoming due on this mortgage and in payment of taxes, assessments, sewer rents, water rates and carrying charges becoming due against said premises, but such right of the mortgagor may be revoked by the mortgagee upon any d~iault, on five days' written notice, The mortgagor ,..'ill not, without the written consent of the mortgagee, receive or coHect rent from any tenant of said premises or any pan thereof for a period of more than one month in ad- vance, and in the ev~nt of any default under this mortgage will pay monthly in advance to the mortgagee, or to any receiver appointed to collect said rents, issues and profits, the fair and reasonable rental value. for the use and occupation of said premises or of such part thrreof as may be in the possession of the mortgagor, and upon default in any sl1ch payment \\'i1! vacate and surrender the possession of said premises to the mortgagee or to such receiver, and in default thereof may be evicted by summary proceedings. 14. That the whole of said principal sum and the interest shall become due at the option of the mortgagee: (a) after failure to exhibit to the mortgagee, \vithin ten days after demand, receipts showing payment of 2011 taxes, water rates, sewer rents and assessments; or (b.) after the actual or thret:.tened alteration, demolition or removal of any building on the premises without the written consent of the mortgagee; or (c) after t:le assignment of the rents of the premises or any part thereof without the written consent of the mortgagee; or (d) if the buildings on said premises are not maintained in reasonably good repair; or (c) after failure to com- ply with any requirement or order or nofiee of violation of law or ordinance issued by any governmental d,-=partw ment claiming jurisdiction. over the premises within three months from the issuance thereof; or (f) if on application of the mortgagee two or more fire insurance companies lawfully doing- business in the State of New York refuse to issue policies insuring- the buildings on the premlses; or (g). in-the event of the removal, dem-. olition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered hereby, unless the same are promptly replaced by similar fixtures, chattels and articles of pe'rsonal property at least equal in quality and condition to those replaced, free from chattel mortgages or other en- cumbrances thereon and free from any reservation of title thereto; or (h) after thirty days" notice to the rnortg-agor, in the event of the passage of any law deducting from the value of land for the purposes of taxation any lien thereon, or changing in any \vay the taxation of mortgages or debts secured thereby for state or local purposes; or (i) if -the mortgagor fails to keep, observe and perform any of the other covenants, conditions or agreements contained in this mortgage, IS. That the mortgagor will, in compliance with Section 13 of the Lien Law, receive the advances secured hereby and will hold the right to receive such advances as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improve- ment before using any part of the total of the same for any other purpose, I., T"M-4~.i9_f4rns-mO<tgage~>~.July.authGri2ed,,.J,yy,he,.b""r.....<>i-di.ect<>r~,..f..the-mor{gagao.. 16. This mortgage may be prepaid in whole or in part in multiples of $1,000.00 without penalty and with interest to the date of pre- pa}illent only, upon 30 days prior written notice to the mortgagee. 17. Mortgagee will, if mortgagor is not then in default hereunder, subordinate this mortgage to a mortgage given by mortgagor to a bank or savings institution, the proceeds of which are used to pay the costs of construction of a hone on the mortgaged premises. Any default under the mortgage given to such bank or savings in- stitution shall also constitute a default hereunder. This mortgage may not be changed or terminated orally. The covenants contained in this mortgage shall run with the land and bind the mortgagor, the heirs, personal representatives, successors and assigns of the mortgagor and all subsequent owners, encumbrancers, te~ants and subtenants of, the premises, and shall enure to the benefit of the mortgagee, the personal representatives, successors al1d aSSIgns of the mortgagee and all subsequent holders of this mortg2ge, The word "mortgagor" shall be construed as if it read "mortgagors" and the. word "mortgagee" shall be construed as if it read "mortgagees" when,ever the sense of this mortgage so reqUJres. IN WITNESS WHEREOF, this mortgage has been duly executed by the mortgagor. In rR8ElBlTSB SF I r ,/,., ~ I." l L "0 ? . ~t,;,A ~,-(I" qt.(. .. William C. Blake -- "?: '-/fY~ / it' { );" r dr::, ./, f i'<. 1:'....-:-.._ 'Patricia L. Blake - - 'r ,.. .~ .. .' ...- ~ -'" STAT&; OF H!:W YORK. COUNTY OF Ii AS~;r\ V $S: On the ~87"flday of December 1976, before me personall y came WILLI^M C. BLAKE to me known to he the individual described in and who executed the foregeing in~trumentJ and acknowledged that he executed the same. .~ti.~~ ROBERT \.. MULCAHY N:1t~rv Public. StatJ_ 01 New York tJo. 3Q.2f:.,b31 ~ OualHied in Nasr,~u 1..000Hlty ta17 ~ ()mm:s~>ivn Expicos March 30. a . ST ATE OF MEt'" VORt=:~ ("OUNTY rJ1 $5: On the day or 19 . before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which exec.utcd the foregoing instrument; that he knows the s(:<:..I of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of di'rectors of said corpora- tion, and that he signed II name thereto by like order. ~otlltane TITLE No. WILLIfu~ C. BLAKE and PATRICIA L. BLAKE, his wife TO NATHl,NIEL O. ABELSON I-S1A=:::;:-OF lUW YORK eO~:D"': TITLE UND:'~\VI:.:~:--l Dw,.jbuleJ by ~~ TITLE GUA~ANTEE. "':__, NEW YORK I. "' A neaR COMPANY ..~ STATE OF IlCW YOIlK. i:OIlIJTY OF JI/ A ssA. V . "r 1-1 On the ~ li day of December 19 76 , before me personally came 55: PATRICIA L. BLAKE to me known to be the individual executed the foregoing instrument, she executed the same. dCf,cribcd in and who and acknowledged that ~ll1c.Q~~, ROBERT L. MULCAHY . ~ t1tary Public. State at Now Yo.k '"' No.3o-2!lOb315 Qualified in Nassau Co~.ntf ::''()IT'omis~on EJt.pirOll Marcn ~O. 10n STATE OF NEW Y"'"C. eOI.!I~TY O~ On the day of personally came the subscribing witness to the foregoing instrtt...nent, whom I am p~rsonaliy acquail."'1tcd. who, being by mf. sworn, did depose and say that he resides at No. S$: 19 , before me with duJ)' that he Imo'Ws to be the individual described in and who executed the foregoing instniment; that he. said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COiJNTY OR TOWN Southold, Suffolk County, New York Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: . Zip No. wi u ;;: .0 " z o '" o u w '" ~ o ~ VI ::> '" o ". ~ u '" "- VI VI X ... ~ :- e; '0 w '" __e___.__ --- . __J ''''d _ .,. ,. ._'~ . . r I;' --- day of DECLARATION OF PROTECTIVE COVENANTS made this , 1964 by NATHANIEL O. ABELSON (herein- after referred to as "Abelson"), residing at 54 East 9lst Street, New York, New York. WHEREAS Abelson is the owner of all of the lands I: Ii (which lands are hereinafter referred to as "Arrowhead I! I 'I I, II II I, iI Ii " !i 'I I. i Ii Cove") located on Indian Neck Road in the Town of Southold, Suffolk County, New York, shown on that certain map (here- inafter referred to as "said Map") dated December 14, 1962 entitled "Map of Arrowhead Cove at Indian Neck, Peconic, Town of Southold, Suffolk County, New York" filed in the Office of the Clerk of Suffolk County on June 20, 1963 in File No. 3810, Abstract No. 4323, and, in order 1 to provide for the beneficial and harmonious development II I I I I I I i I I ,I " I i i ii i; i! and use qf Arrowhead Cove, Abelson desires to impose cer- tain restrictions and covenants upon Arrowhead Cove; NOW THEREFORE, the following restrictions and covenants are hereby imposed upon Arrowhead Cove: 1. RESIDENTIAL USE. The lots shown on said Map shall be used for residential purposes and for no other purposes. No structure shall be erected, altered, placed or permitted to remain on any such lot other than one detached single family dwelling not to exceed two stories in height and structures appurtenant thereto, such as a garage or tool shed, all of which shall be subject to the provisions of paragraph No. 3 hereof requiring prior approval of plans. i' I 2. AREA OF DWELLING. The ground floor area of each dwelling shall be not less than 1200 square feet, exclusive of garages and open porches. I I I I I I I i wall shal13~e erected, placed or altered on any lot until I . . APPROVAL OF PLANS. No structure, fence or the construction plans and specifications therefor, and a plan showing the location of the structure, fence or I wall on the lot on which it is to be erected, shall have I I Ii II Ii " II I i I been approved in writing by Abelson, or his heirs and assigns, with respect to: quality of workmanship and materials; harmony of external design with dwellings in Arrowhead Cove; landscaping; location of structure, fence or wall on lot; topography and grade elevation; preserva- tion of trees and other natural features of the lot; and any other matter or thing touching'or concerning property values at Arrowhead Cove or the harmonious and benefioial development of Arrowhead Cove. It is intended that all structures, fences and walls at Arrowhead Cove shall be of high quality design and workmanship. 4. TEMPORARY STRUCTURES. No trailer, tent, shack, garage, barn, outbuilding or structure of a temporary character shall be used at any time as a resi- dence either temporarily or permanently. 5. NO ANIMALS. No animals, live stock or poultry of any kind shall be raised, bred or kept at Arrowhead Cove except that dogs, cats and other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose. I I' 11,':. used or maintained as a dumping areafbr garbage, rubbish I' I; 6. NO TRASH. No portion of any lot shall be or other waste. All garbage, rubbish and other waste - 2 - " . . ~ shall be kept in sanitary containers. There shall be no incinerators or other disposition of garbage, rubbish or other waste on said lots. 7. TREES. There shall be no destruction of trees on any lot, except as may be required for the erection of a structure approved pursuant to paragraph 3 hereof and for proper landscaping of the lot on which such structure is to be located, or as may be required by reason of the rotting of trees or by reason of principles of good tree management. 8. BOATS. No boats or boat trailers shall be stored on any lot where the same shall be visible from Arrowhead Lane or Campfire Lane. There shall be no launching of trailer-borne boats from the communal beach I' area shown on said Map and marked "Beach". 9. CONTRIBUTIONS FOR TAXES AND MAINTENANCE OF ROADS AND BEACH. For so long after the date hereof as Abelson, or his heirs and assigns, shall pay taxes on or otherwise care for Arrowhead Lane ~nd/or Campfire Lane, as shown on said Map, and/or the communal beach area shown on said Map and marked "Beach", the owner or owners from time to time of each lot shown on said Map shall pay to Abelson, or his heirs and assigns, such owner or i owners' proportionate share of such taxes and other costs of caring for said Lanes and beach area, including without limitation costs of premiums for liability insurance. If '1 at any time said Lanes and beach area are not separately I assessed for tax purposes, but are included in the assess- I I' ment of other premises, then appropriate apportionment of I I: I It such assessment, and the taxes computed thereon, shall be I I' . made for the purposes of this paragraph 9. Each lot owner's I I; I II i' - 3 - .. " . . ---- proportionate share of such taxes and other costs shall be a fraction the numerator of which shall be the number of lot or lots owned by such owner and the denominator of which shall be 40. Appropriate apportionment shall be made with respect to portions of lots. Such amounts may be collected by Abelson, or his heirs and assigns, from time to time as such taxes and other costs are incurred, at such intervals as Abelson, his heirs and assigns, shall deem reasonable. Abelson, his heirs and assigns, shall have a charge or lien upon each lot, prior to all other liens except taxes and municipal assessments, for the amount which is payable hereunder by the owner or owners of such lot, together with interest, until the same shall be paid or satisfied, enforceable by appropriate remedy in equity again$such lot, in addition to and concurrent with any proper remedy at law, for the recovery of such amount and interest. 10. RIGHTS OF WAY. The owner or owners of each lot shown on said Map shall have a right of way, in common with Abelson, his heirs and assigns, over Arrowhead Lane and Campfire Lane, as shown on said Map, for passage between their respective lots, India~ Neck Road and the above mentioned communal beach area shown on said Map and -, , marked "Beach", and shall also have the right, in common with Abelson, his heirs and assigns, to use said communal beach area shown on said Map and marked "Beach", for the purposes of surf bathing. No vehicles shall be parked on the "turnaround" portions of said Lanes or on any other portions of said Lanes. 11. BOAT BASIN. Notwithstanding the fact that said Map designates thereon a boat basin, Abelson shall not be deemed to have any obligation to construct a boat ,I - 4 - " . . basin or any other improvements. and no person shall. by reason of the filing or existence of said Map or the filing or existence of this instrument. be deemed to have any rights in or to the premises shown on said Map marked "Boat Basin (To be deve loped)" or the area marked "To be divided for use by individual lot owners only" or the I area marked "Right of Way" or the area marked "15' Right of Way". and the restrictions and covenants set forth in this instrument shall not be deemed to apply to said boat basin area or any of the other areas hereinabove referred to in this sentence. It is Abelson's intention. if and when a boat basin is erected. to make the same available on a preferential basis to owners of lots shown on said Map upon payment of such rental and other charges as shall from time to time be in effect. but no lot owner shall be deemed to have any vested rights with regard thereto. Notwithstanding the legend on said Map reading "To be divided for use by individual lot owners only". Abelson. , and his heirs and assigns. shall have the right to sell or lease the boat basin area and the other areas herein- above referred to in this paragraph 11 to a person or persons who do not own lots at Arrowhead Cove and may permit such person or persons to pass over Arrowhead Lane and Campfire Lane. 12. ASSIGNMENT. The restrictions and covenants hereinabove set forth shall run with the land. subject to I the provisions hereinafter set forth in this paragraph 12. Abelson and his heirs and assigns may assign all or any of Abelson's rights hereunder. including without limita- tion. the right to enforce the restrictions and covenants - 5 - I, Ii ~-.- I I I. I I I ! I I I I I .' > -, . . hereinabove set forth. the right to approve plans pursuant to paragraph 3 hereof and the right to collect sums due under paragraph 9 hereof. to any person. corporation or other entity to whom Abelson. or his heirs and assigns. shall at any time convey a portion of Arrowhead Cove. or to any association the majority of whose members or directors shall be owners of lots at Arrowhead Cove. In addition. the restrictive covenants set forth in paragraph Nos. 1. 2. 4. 5. 6. 7 and 8 hereof shall be enforceable by the owner or owners of each lot shown on said Map. NATHANIEL O. ABELSON - 6 - -- _.. ~..,-~-,~-. ,.' ~, . 'i f f 1:' ) 1-';,. if,\" "l.- f: $,.", If : !~ ~'!; i ! ~f; .~,- . .[ 1 I" {f, :It-.- I 1 .c- :, \ ~ " ~ , o ,;~~ t" ~z,~~,~ ~. . '0' ,;..' 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