HomeMy WebLinkAbout1000-78.-3-51
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DECLARATION OF COVENANTS AND RESTRICTI
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THIS DECLARATION made by the Town of Southold this ~ day of
August, 1989, a Municipal Corporation formed under the laws of the State
of New York with its principal place of business at 53095 Main Road.
Southold. New York hereinafter referred to as the DECLARANT. as the owner
of premises described in Schedule "A" annexed hereto (hereinafter referred
to as the PREMISES) desires to restrict the use and enjoyment of said
PREMISES and has for such purposes determined to impose on said PREMISES
~ covenants and restrictions and does hereby declare that said PREMISES
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; 1\'11# . hall be conveyed subject to the following covenants and restrictions:
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'<~,,~ 1. DECLARANT has made application to the Suffolk County Department
I~AI1ff Health Services (hereinafter referred to as the DEPARTMENT) for a
0'( {~l.-Vpermit to construct. approval of plans or approval of a subdivision or
o?!Pdevelopment on the PREMISES.
Qt5 (CSl?O 2. WHEREAS. the test wells sampled for the PREMISES Indicated a
groundwater supply that had contamination in excess of the minimum
drinking water standa'rd and/or guidelines of the State of New York and
contained excess of Nitrates;
WHEREAS. the County of Suffolk Department of .Health Services has
agreed to issue a permit only if there be a record covenant that the
necessary water conditioning equipment be installed so as to meet the
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quality standards for drinking water; it is DECLARED and COVENANTED by
DECLARANTS. their heirs or successors and assigns forever. that no
residence upon the above -described property will be occupied prior to the
installation of the necessary water conditioning equipment so that the
water. when conditioned. meets the said minimum quality standards for
drinking water of the State of New York and evidence of the same i!'
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furnished to the Suffolk County Department of Health Services for their
written approval.
3. The DECLARANT, its successors and/or assigns shall set forth
these covenants, agreements and declarations in any and all leases to
occupants, tenants and/or lessees of the above described property and
shall, by their terms, subject same to the covenants and restrictions
contained herein. Failure of the DECLARANT, Its successors and/or assigns
to so condition the leases shall not invalidate their automatic
subjugation to the covenants and restrictions.
4. All of the covenants and restrictions contained herein shall be
construed to be in addition to and not in derogation or limitation upon
any. provisions of local. state, and federal laws, ordinances, and/or
regulations in effect at the time of execution of this agreement, or at
the time such laws. ordinances. and/or regulations may thereafter be
revised, amended. or promulgated.
5. This document is made subject to the provisions of all laws
required by law or by their provisions to be incorporated herein and they
are deemed to be incorporated herein and made a part hereof. as though
fully set forth.
6. The aforementioned Restrictive Covenants shall be enforceable by
the County of Suffolk, State of New York, by injunctive relief or by any
other remedy in equity or at law. The failure of said agencies or the
County of Suffolk to enforce the same shall not be deemed to' affect the
validity of this covenant nor to impose any liability whatsoever upon the
County of Suffolk or any officer or employee thereof.
7. These covenants and restrictions shall run with the land and
shall be binding upon the DECLARANT. Its successors and assigns. and upon
all persons or entities c1ai'TIing under them. and may be terminated.
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revoked or amended by the owner of the premises only with the written
consent of the DEPARTMENT.
8. If any section. subsection. paragraph. clause. phrase or
provision of these covenants and restrictions shall. by a Court of
competent jurisdiction. be adjudged illegal. unlawful. invalid. or held to
be unconstitutional. the same shall not affect the validity of these
covenants as a whole. or any other part or provision hereof other than the
part so adjudged to be illegal. unlawful. invalid. or unconstitutional.
9. Local Law #32-1980 - The DECLARANT represents and warrants that
he has not offered or given any gratuity to any official, employee, or
agent of Suffolk County. New York State. or of any political party. with
the purpose or intent of securing favorable treatment with respect to the
performance of an agreement, and that such person has read and is familiar
with the provisions of Local Law #32-1980.
STATE OF NEW YORK)
55:
COUNTY OF SUFFOLK J
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On this JJ.\.-l' day of August. 1989. before me personally came
Francis J. Murphy, to me known. who being by me duly sworn did depose and
say that he resides at no number New Suffolk Avenue, Mattituck. NY that he
is the Supervisor of the Town of Southold the corporation described in an
which executed the foregoing instrument; 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 th Board of Directors of said
corporation. and that he signed his na ereto by Ii rder.
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IIDTMY ~STATE CIf U,.
NO. 4814717.SUffIlUI aum...a
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