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HomeMy WebLinkAbout1000-33.-3-190 0 DECL~TION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this /~day of~/~ , 2001, by and between SAL CAIOLA and BENNY CAIOLA, JR.,both~aving a mailing address at 230 East 85th Street, New York, New York 10028-3099, hereinafter referred to as the DECLARANTS: W I TNE S SETH : the Declarants are the owners property situate at Greenport, WHEREAS, in fee simple of certain real Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 33, Block 3, Lot 19, and more particularly described on the annexed Schedule A, and WHEREAS, for and in consideration of continuing the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarants have considered the foregoing and has determined that same will be in the best interests of the Declarants and subsequent owners of said lots, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: 1. A Homeowners Association to be created for Rockcove Estates subdivision will improve and maintain the roads and road drainage structures and facilities and provide for upkeep of same until accepted by the Town of Southold. The Homeowners Association shall also own the beach property to the north of Lot 3, from the southern edge of the walkway down the bluff face to the high water mark, together with the walkway located between Lots 3 and 4. There shall be no vehicle access, or parking allowed within the ten (10) foot wide walkway providing access to the beach property. Lots 1, 2 and 4 shall have the right to access the water front directly, subject to obtaining all applicable permits and approvals. 2. The use and development of that portion designated as Open Space Easement Area on Lot No. 19 of Rockcove Estates subdivision, will forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board; d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found accep%able and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 3. The following shall be adhered to on that portion of Lot No. 19 outside the Building Envelope which is designated as Open Space Easement Area for the purposes of preventing the loss of the aesthetic open space and the agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval, (fallow farmland) or any subsequently approved use, to any other type'of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. then comply in all respects to this report, The farming practices shall and shall remain in The Planning Board reports when deemed compliance with all updates of the report. shall have the right to require updated necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed or granted thereon. f) Except as may be required for reasons of disease control, no trees, thereon, shall be killed, irrigation, drainage, sanitation or plants or other vegetation located destroyed, cut or removed therefrom. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be p~rmitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. i) All structures, whether temporary or permanent, shall be located within the building envelope for Lot No. 19 as designated on the final subdivision plat for Rockcove Estates. Temporary or permanent structures (including but not limited to fences) which are desmed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, .and shall be subject to Planning Board approval. 4. a) The drainage easement area located on Lot 19 shall not be obstructed in any manner; b) The Homeowners Association created for Rockcove Estates subdivision shall have the right to use the drainage easement area to access the recharge area if the roads and drainage area have not been dedicated to the Town of Southold. The Town of Southold shall have the right to use. the drainage easement area to access the recharge area if the roads and drainage area have been dedicated to the Town of Southold. 5. That the~Declarants reserve the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarants or future owner(s) may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance and determine that the covenants, terms and provisions herein have not been violated, such inspection to be performed at reasonable times. 6. Access to proposed Lot 19 shall be from Homestead Way only. There shall be no vehicular access permitted from lot 19 onto C.R. 48 (Middle Road). 7. There shall be no on-street parking on any street within the Rockcove Estates subdivision. 8. There shall be no further subdivision of any lot within the subdivision in perpetuity. ~ 9. No sanitary disposal facility shall be installed or constructed within 100 feet of the top of the bluff. 10. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. 11. No grading shall be permitted within 100 feet of the top edge of the bluff except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. 12. All lots will be required to have individual test wells prior to approval to construct. Any lot which does not meet the water quality standards shall not be built upon until public water is available. 13. The owner shall connect to public water when public water becomes available. 14. There shall be no transfer of any of the lots prior to the installation of dry water mains and without an acceptable test well. 15. The Declarants grant the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to ensure continued compliance with the covenants, terms and provisions designated herein in regard to same and to ensure that such covenants, terms and provisions have not been violated. 16. Declarants grant the continuing right in perpetuity to the Town of Southold, any of its~designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon Declarants, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 17. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarants above named have executed the foregoing Declaration the day and year firs~~ ) ss.: couNTY OF SUFFOLK On the [~day of ~/~_£~~" in the year 2001, before me, the undersigned~ pers~i~appeared 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 he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ss.: COUNTY OF SUFFOLK ) On the 7~;~day of ~!rs~ona~; --in the year 2001, before me, the undersigned, appeared BENNY CAIOLA, JR., 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 he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon beh/Alf o~ which the individual acted, executed the instru~ent.~ /~// // Notary Public, Stats of Nsw York No. 01RU5064918 Qualified In New York County Csrtilicmte tiled In New York County C SCHEDULE A DESCRIPTION OF PROPERTY FOR ROCKCOVE ESTATES ALL that certain plot, piece or parcel of land situate, lying and being near Greenport, in the Town of Southold, County of Suffolk, New York, bounded and described as follows: BEGINNING at a concrete monument set on the Northerly line of Middle Road (also known as North Road) at the Southeasterly corner of land now or formerly of Keough and the southwesterly corner of the premises herein described; Running thence along said land of Keough two courses as follows: 1) North 18 degrees 00 minutes 40 seconds West 200.00 feet to a concrete monument, thence 2) South 71' degrees 28 minutes 20 seconds West 50.00 feet to a concrete monument set at the northwesterly corner of said land of Keough; Running thence through the land now or formerly of Burt in a westerly direction South 69 degrees 05 minutes 00 seconds West 164.88 feet.to the easterly line of land now or formerly of J.M.S. Land ~nd D~velopment Corporation at a point on said boundary line W~ich is 200 feet northerly from the northerly line of Middle Road; Running thence along said land of J.M.S. Land and Development Corporation the two courses as follows: 1) North 14 degrees 43 minutes 20 seconds West 508.54 feet; thence 2) South 69 degrees 06 minutes West 125.70 feet to a concrete monument and land now or formerly of H.J.S. Land and Development C~rporation; Running thence along land last mentioned two courses as follows: 1) North 20 degrees 24 minutes 50 seconds West 343.75 feet; thence 2) North 15 degrees 14 minutes 40 Seconds West 1,186.15 feet to the ordinary high water mark of the Long Island Sound; Thence along the ordinary high water mark of the Long Island Sound on a tie line course bearing North 53 degrees 19 minutes 20 seconds East 644.22 feet to the northwest corner of land now or formerly of Eastern Shores; Thence along land last mentioned two courses as follows: 1) South 14 degrees 44 minutes 50 seconds East 415.0 feet; thence 2) South ~5 degrees 55 minutes 50 seconds East 1,861.79 feet to land now or formerly of Monroe S. Burr; oo~ /~:~7/~'/Z/:10 ArQ t/~L P~ SIH.LIWRO0 ONYAINFIOO "131'~0 9¥3S 3N.J. Q3XI-I-I¥ C]N¥ QNYH AIAI /3S O/NFI3EI3FI 3AYH I '-103EI3H~ ANOI~I.I.S3/ NI '--103W3H/ =I90H~ 3HI _-I0 ON¥ NOII~t=IVg030 9VNIglWO Hons =10 A~O0 3Rbll aNY ±sflr V SI 11 IVHI aNY ±~oo 3~3~a~S 3H± ~0 ~3~0 aNY ~;oJJns Jo ~N~O0 3H±JO ~310 '3NIV~O~ 'd a~¥~a3 1 :SS 2qoaans ~o ,M. NI]OO )tI=IOA/V~3N ;IO 3/¥/S SZS ._4 '~01.T. i000,:] ] ,-"-,ii-.¢~U 3 )iq0_4YAS ed T.e,~_~o8.8 p.~ e,,-.'.:p3 i.!d .$-;:0S:£0 80 ~el, I ~00,-T- (]30'~033W ~peo~ aipp!~ ~o audi :saoIIo~ se saslnoo oa~ ~n~ 'D u~$sn~ Number ot' pages II TORRENS Serial # Certificate-# Prior Cfi. tt Deed / Mortgage Instrument Deec~/Mortgag~ Tax Stamp FEES RECORDED 2001 Mar 08 1J3:50:24 Edward P.Romaine SL[FFOLK L D000121035 P 575 Recording / Filing Stamps Pago / Filing Fee Handling TP-584 Notation CA-52 17 (County) CA-5217 (State) ILP.T.S.A. Comm. o f Ed. A .fi'&davit % Reg. Copy Other 5 500 Sub Total Sub Total GRAND TOTAL · Real Property Tax Service Agency Verification Dist. Section B lock Lot 000 ~13300 03.00 019.000 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec.lA, sit. Or Spec./Add. TOT. MTG. TAX Dual Town__Dual County__ Held for Apportionment Transfer Tax Mansion Tax The property covered b~, this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Cormnunity Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land Satisfactions/Discharges/Releases List Property Owners Mailing Ad&es! RECORD & RETURN TO: Charles R. Cuddy, Esq.. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 TD TD TD Title Company Information Co. Name Title # Suffolk County Recording & Endorsement,Page This page fonns part ofthe attached Declaration of Covenants & Restrictions (SPECIFY TYPE OF INSTRUMENT ) Sal Caiol a & Benny Caiol a The premises herein is situated h~ SUFFOLK COUNTY, NEW YORK_ made by: Town of TO 5;outhol d In the Township of In the VILLAGE or HAMLET of Southold $outhql d BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK IiX.q( ONLY PRIOR TO RECORDING OR FIL~G.