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HomeMy WebLinkAbout1000-74.-4-4 " '\ " ..,.. ~l~~ ~ '~;""'j . - I." '.,./~"." , to ,:.:.~ ii, ... \.... (J' \ .r.,-;c/ \:6UD D 74 (f) D'f(J:) oo2f@ ( 11631P&638 ( I:; ~: 1 \ \ HJ \~~ " DECLARATION OF COVENAJ.r.r.. AND RESTRICTIONS THIS INDENTURE made this 31St day of by NICHOLAS ALIANO residing at Ashley Lane, hereinafter called the Declarant. N\<.hch ,1993, Shoreham, New York, WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Peconic, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax Map as District 1000, Section 74, Block 4, Lot 4.2 containing approximately 16.83 acres, being the same premises acquired by Declarant by deed dated AprilS, 1973 and recorded in the Suffolk County Clerk's office on AprilS, 1973 in Liber 7376 of deeds at page 571, and referred to herein as the "pre,mises" and <:>c>-,. H WHEREAS, the Declarant intends to subdivide said premises for purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent the overcrowding and to conserve the ground water resources of the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to subdivide the 16.83 acres into eight residential lots, NOW THEREFORE, the Declarants do hereby declare that the aforementioned said premises,and every portion thereof is hereb~ held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. There shall be one common curb cut on County Road 48, as shown on the approved map, for all lots. 2. There shall be one common driveway for all lots. This common driveway shall be 20 feet in width, as shown on the approved map, and shall be maintained in equal proportions by all lot owners. 3. These covenants and restrictions can be modified only at the request of the t~n 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 public hearing, but their consent to such modification shall not be required. 1m rn @ ~ 0 w rn al , n .-- -'UII i '\ ~ !. I l'u~1 'I" ;) ,,--, .,; I .~ . __~ ~,v.~ ,;,',!.-,:: r,r{, - ~ i ~ " . , . . ( ( 4. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns; any owner of any portion of the aforementioned premises, their heirs, successors and assigns and the Town of Southold and its successors or assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. The Declarant grants 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 or similiar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its .designated representatives to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection shall be binding upon declarants, their heirs, executors, legal representatives, distri~utees, successors, assigns and transferees. ~. . ~~dr-, NICH AS ALIANO ~ STATE OF NEW YORK) . ss: COUNTY OF SUFFOLK) On this3/SJ day of ~A-t-cH-, Nicholas Aliano to me known herein and who executed the that th cuted same. 1993, before me personally came to be the individual described foregoing insturment and acknowledged NOTARY PUBLIC WJ\IE ",ORANA _.It. Iil1I Slate ot New y",. ~cUIY P No c, 4950058 ~~t::~~{9~ - '" , > ( 11631PL638 ( SCHEDULE A ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING AND BEING AT PECONIC, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLKA DN STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT SET IN THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R.27) WHRE THE DIVISION LINE BETWEEN THE LANDS HEREIN DESCRIBED AND LAND NOW OR FORMERLY OF J. P. KURPEK AND OTHERS (FORMERLY OF BAILEY) INTERSECTS THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R.27); . RUNNING THENCE SOUTH 35 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG SAID LAST MENTIONED DIVISION LINE, 495.78 FEET TO A MONUMENT AND LAND OF THE LONG ISLAND RAILROAD COMPANY; THENCE SOUTH 58 DEGREES, 29 MINUTES, 10 SECONDS WEST ALONG SAID LAST MENTIONED LAND 1319.06 FEET TO LAND NOW OR FORMERLY OF BERTHA APPLEBY (FORMERLY KRUPSKI); THENCE NORTH 40 DEGREES, 15 MINUTES, 00 SECONDS WEST ALONG SAID LAST MENTIONED LAND 659.72 FEET TO THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R. 27); THENCE ALONG THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R. 27) THE FOLLOWING THREE COURSES AND DISTANCES: 1) NORTH 63 DEGREES, 18 MINUTES, 40 SECONDS EAST 703.27 FEET; 2) NORTHEASTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 2924.79 FEET A DISTRANCE OF 622.15 FEET; 3) NORTH 56 DEGREES, 07 MINUTES, 20 SECONDS EAST 76.53 FEET TO THE MONUMENT SET AT THE POINT OR PLACE OF BEGINNING. "~O:1.;ns ). 1,,"-\0:). ;\._; ",. \, 1'1, ,_,,\1 ~-1':) .0 ,,,-- ,.o,(j"' .. . . . (1'.J -', 1'., "- ;:l .. ~ , -. 1...., I ' . -"'\'I\-!\J~Ud (-, .... ~1\;. I' 9 ~ : \\\1 \., ~'n" ~ "I) 1. 1\1tl u 03GBOJ3l:1 ,.>X..... ..' . i' . ( 11631PL639 ( ',' TERMINATION AND ABANDONMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS THIS TERMINATION AND ABANDONMENT made by Nicholas Aliano residing at Ashley hereinafter called the Declarant. (-J~ WHEREAS, the Declarant is the owner in fee simple of a certain ~ parcel of land situate at Peconic, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax Map ~ as District 1000, Section 74, Block 4, Lot 4.2 containing ~ . . ~ approximately 16.83 acres, being the same premises acquired by <,,-;7,>:.\ Declarant by' deed dated. AprilS, 1973 and recorded in the Suffolk ~c ,,':~,'~ "~i County Clerk's office on AprilS, 1973 in Liber 7376 of deeds ":"-';';~~2:"~:~/ at page 571) and referred to herein as the "Pf~~,il:tSIl and WHEREAS, the Declarant has applied to the Planning Board of I~ the Town of Southold for approval to subdivide the 16.83 acres into eight residential lots, ()~t/.~NOW THEREFORE, the Declarant does hereby terminate and abandon the Declaration of Covenants and Restrictions dated June IS, 1988, recorded in the Suffolk County Clerk's office on June 24, 1988 in Liber 10631 at page 185. this I<J day o'f June Lane) Shoreham) New , 1993, York, IN WITNESS WHEREOF, this termination and abandonment has been executed the day and year first above written. 'M~~ N . OLAS AL IANO STATE OF NEW YORK) .5 S : COUNTY OF SUFFOLK) On the j<;J- day of )UYl/Z... , 1993, before me personally came Nicholas Aliano, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. .)~ )J~ NOTARY sJfRRLc&'AM NOTARY rl~o~l'~~, 51'!) of fl..l'''' V':llk No. 480 B ("':;:;, s"rhll-. (."mly C....nH'.i)~ion Expir"'~ Jg,luory 31, 19 ~rt.[ 100 m @ ~ u w rn iml I r "'. ":-". i wi ,J '.. ,-.:. L -i SQUn';OLD 10;.,;i~ PlANN!i~G EOAliD .~~ , ' . ( 11631r~639 ( ~ ... '~. Ii SCHEDULE A . ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING AND BEING AT PECONIC, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLKA DN STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT SET IN THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R.27) WHRE THE DIVISION LINE BETWEEN THE LANDS HEREIN DESCRIBED AND LAND NOW OR FORMERLY OF J. P. KURPEK AND OTHERS (FORMERLY OF BAILEY) INTERSECTS THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R.27); RUNNING THENCE SOUTH 35 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG SAID LAST MENTIONED DIVISION LINE, 495.78 FEET TO A MONUMENT AND LAND OF THE LONG ISLAND RAILROAD COMPANY; THENCE SOUTH 58 DEGREES, 29 MINUTES, 10 SECONDS WEST ALONG SAID LAST MENTIONED LAND 1319.06 FEET TO LAND NOW OR FORMERLY OF BERTHA APPLEBY (FORMERLY KRUPSKI); THENCE NORTH 40 DEGREES, 15 MINUTES, 00 SECONDS WEST ALONG SAID LAST MENTIONED LAND 659.72 FEET TO THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R. 27); THENCE ALONG THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R. 27) THE FOLLOWING THREE COURSES AND DISTANCES: 1) NORTH 63 DEGREES, 18 MINUTES, 40 SECONDS EAST 703.27 FEET; 2) NORTHEASTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 2924.79 FEET A DISTRANCE OF 622.15 FEET; 3) NORTH 56 DEGREES, 07 MINUTES, 20 SECONDS EAST 76.53 FEET TO THE MONUMENT SET AT THE POINT OR PLACE OF BEGINNING. 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