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HomeMy WebLinkAbout1000-69.-5-7 ~ ',J ." ,~'l:'t" 'l . ~ '~J "" - ",f'I*" ~It < I.. "I ,~,," ".'... ': _...'" " , ' 'X' J ' " , " '-" ' . . · . ,. ~~ ... \< ,\ i ,". --"""f~ l' r';; '"; ,'J - . ' " ., .....,. '" _ <41. ~ ' , jJ ~ . < ''''~_ ..' 11,:- .. , r' ~~ '" ,~ \ ~ " , , ",' , . " ~ ( COt) )(0900 )~OO )0700C) :t' .~ .~ ~ ~...... J; --- 5- ,"0 / - ~/; /1<< - DECLARATION DECLARATION made the ),r day of Yrltuj, 1992, Pond Lane, sogthold, New York 11971, by PAMELA HUNT, residing at 1375 Ackerly referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide the said real property into four (4) parcels, bounded and described as set forth in Schedule "B" annexed hereto, and , WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein SOUT:.{(-u ,))' ---.. ..... PLMJ^-~J;i." ~,",'/.., _...1.--__ . -.- .. 11474PG566 hereafter be subject to the following covenants 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. That there shall be no further subdivision of any lot in perpetuity. 2. That the area on the subdivision map designated "Conservation Easement" is designated as such to provide a.buffer area between the proposed subdivision and the existing lot. That this area shall remain in its natural state. That maintenance of this natural vegetation shall be the only use or activity allowed. 3. That the use and development of the portion of Lot 1 that is designated "Agricultural Reserve Easement Area" 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 . . ----------..-- --~ . 11474PC567 and flowers); and all other farm products; b) Open fallow; c) Operations encompassing livestock and livestock products (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board and which are sUbject to approval 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 acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 4. That the following shall be adhered to on the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation or loss of the aesthetic open space and 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, (horse farm) 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. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. 00 n' ~11l174PI;5~ - .. 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 rights of way for non- farming vehicular use shall be constructed of granted thereon. f) Except as maybe required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed 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, obj ectionable, unsightly or offensive material shall be permitted 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 or display. i) Temporary or permanent structures or buildings shall not 'be placed or erected within or upon the said premises without Planning Board approval. Structures (including, but not limited ----- ~I~,-.snruu-v --------.....--_.... -+ to fences) or buildings which are deemed reasonably necessary as accessory buildings 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. 5. That the Declarant reserve the right to the exclusive use and possession of the area known as the Agricultural Reserve Easement Areas, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use of or entry upon the said Agricultural Reserve Easement, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. 6. That these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, 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. 7. That in addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, their heirs, --~l1.Lf7ql'b\} IV ~- . ~ executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. 8. That the within Declaration cannot be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. _~CVn~ uJ ~ Pamela Hunt STATE OF NEW YORK: COUNTY OF SUFFOLK: On the,!}..a.... day of h(fu.t , 1992, before me personally came PAMELA HUNT to me known~o be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. ~~o_/f_ ~('~ Notary Public COAt/NE R. Ue CUSKER NcOIy PWIic, Sate 01 New York No.4924769 . Suflolk County Oll....lwl<lll Elip/rM MardI 14. 1. zj \~D.. m @ ~ I'm 10,1 . . I ') ,'-,,1 , U I" \ ' ~. BLOG.DEPT. 'ftlWN 4L. IH7llflRfrr- ~- + SCHEDULE "A" All that certain plot, piece or parcel of land with the building and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the westeriy line of Ackerly Pond Lane (formerly Bowery Lane) at the Southeasterly corner of the premises herein conveyed and the Northeasterly corner of premises now or formerly of John Swenkoski; RUNNING from said point of beginning along said land of Swenkoski and along land now or formerly of Florence M. . Terry, South 21 degrees 11 minutes 00 seconds West 1,022.53 feet to a concrete monument and land now or formerly of Milton C. Case; RUNNING thence along land last mentioned North 44 degrees 22 minutes 40 seconds West, 1,074.94 feet to land now or formerly of John Diller Estate; THENCE along land last mentioned, North 13 degrees 34 minutes 10 seconds East 625.07 feet to land now or formerly of Benjamin C. Diller Estate; THENCE along land last mentioned, two courses and distances as follows: 1) South 45 degrees 40 minutes 30 seconds East 127.32 feet; 2) North 36 degrees 35 minutes 20 seconds East 95.53 feet to land now or formerly of Cronk; THENCE along land mentioned and along land now or formerly of Westphalia Corporation, two curses and distances as follows: 1) South 46 degrees 27 minutes 00 seconds East 309.43 feet; 2) North 36 degrees 03 minutes 40 seconds East 36.20 feet to land now or formerly of Camille Martin; as THENCE follows: 1) 2 ) along land last mentioned, two courses and distances South 53 degrees 58 minutes 50 seconds East 101.43 feet; North 36 degrees 03 minutes 40 seconds East 137.89 feet to the westerly line of Ackerly Pond Lane (formerly Bowery Lane); THENCE along said westerly line of Ackerly Pond Lane (formerly Bowery Lane) South 48 degrees 51 minutes 40 seconds East, 290.69 feet to the point or place of BEGINNING. SCTM# 1000 - 069.00 - 05.00 - 007.000 11474PG572 --..,..- -- .a-. SCHEDULE n~.n DECLARANT: PAMELA HUNT H.D. REF. NO.: 90-430 NAME OF SUBDIVISION: PURITAN FARMS SUBDIVISION Page.1 of 4 LOT 1 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at a point on the southwesterly side of Bowe~ Lane (Ackerly Pond Lane), said point being distant 990 feet northwesterly from ,the northerly end of a tie line connecting the southerly side of Bowery Lane with t::.e westelry side of Lower Road; Theo.ce from said point of beginning which also marks the , division line between lands now or formerly of Swenkows;d and premises hereiIIafter described, south 21 d..S'=...... 11 minu".." 00 seconds west, along said lands of Swenkowski and lands now or form..,,1y of Edwin S;:ni~h,. 102::1.15 feet. t.o ... poin" ..nd lando now or fo~erly of John Rastegar Assoc.; Thence along said lands north 44 des=eee 22 minut.eo 40 eecondo w=ot., 731.43 feet to a point; Thence north 52 degrees 10 minutes east, 772.49 feet; Thence north 36 degrees 3 minutes 40 secon<1s east, 145.::15 teet to the southerly side of Bowery Lane; Thence along the southerly side of aowery Lane, south 48 <1egrees 51 minutes 40 seconds east, 245.51 feet to the point or place of BEGINNI~G. -- .... .--.....--- _. 11474PG~J73 Schedule B Page 2 of 4 LOT 2 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesteJ:'ly side of BoweJ:'Y Lane (Ackerly ~ond Lane), said point being distant 1235.S1 feet northwesterly from the northerly end of a tie line connecting the southerly side of Bowery Lane with the westerly side of Lower , Road; Thence from 'said point of beginning, south 36 degrees 3 minutes 40 seconds west, 145.95 feet; Thence south 52 deqrees 10 minutes west, 772.49 feet to a point and lands now or formerly of John Rastegar Assoc.; Thence along said lands, north 44 deqrees 22 minutes 40 seconds west, 343.42 feet to lands now or formerly of Christian Frederick. Baiz, III; Thence north 33 dQ9"r.."" 34 minutes 10 seconds east, 244.61 feet to a point; Thence south SO degrees 25 minutes 50 second.. Qag~, 414.16 feee1 Thence nor~h 52 degrees 10 minutes east, 487.35 feet) Thence north 36 degrees 3 minutes 30 sQcond.. Qast 145.16 fcce ~o the eou~hwe5terly side ot Bowery Lane; Thence along the southwesterly side of Bowery Lane, oouth 48 desree.. 51 lninuto," 40 eeconds east, 1:5.015 reet to the point OJ;' place of BEGINNING. IrD),m@mu\YI~!r I I.....-~..._... .J "- ' L.._.. . TOWN OF SOUTHOLO j ... - 11474Pt574 Schedule B Page 3 of 4 LOT 3 ALL that.:eertain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesterly side of Bowery Lane, said point being. distant 1250.57 feet northwesterly from the tie ." line connecting the southerly side of Bowery Lane with the westerly side of Lower Road; Thence south 36" degrees 3 minutes 40 seconds west, 141: 37 feet; Thence south 52 degrees 10 minutes west, 487.35 feet; Tehcne north 50 degrees 25 minutes 50 seconds west, 414.16 feet to lands now or formerly of Christian Frederick Baiz III; Thence along said lands, north 33 degrees 34 minutes 10 seconds east, 230.00 feet to a point; Thence south 50 degrees 25 minutes 50 seconds east, 473.95 feet; Thence north 52 degrees 10 minutes east, 254.19 feet; Thence north 36 degrees 3 minutes 40 seconds east, 140.58 feet to the southwesterly sid.. of Bowery Lanei Thence along the southwesterly side of Bowery Lane, south 48 degrees 51 minutes 40 secondg "ag~, 15.06 fee~ eo ~he poin~ or place of BEGINNING. /' I \~ E & E :,~ ~r l BLDG. DEPT. TOWN OF SOUTHOLD . .... -- 11474PGtJ75 Schedule B Page 4 of 4 LOT 4 ALL that certain plot, piece or parcel of land, situate, lyinS and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BBGINNING at a point on the southwesterly side of Bowery Lane, (Ackerly Pond Lane), said point being distant 1265.63 feet northwesterly from the tie line connecting the southerly side of Bowery Lane with the westerly side of Lower Road; Thence from said point of beginning, south 36 degrees 3 minutes 40 seconds west, 140.58 feet; Thence south 52 degrees 10 minutes west, 254.19 feet to a ,point; Thence north 50 degrees 25 minutes 50 V.'. seconds west, 473.95 feet to lands now or formerly of Christian Frederick Bai2:"III; Thence along said landSl north 33 degrees 34 minutes 10 seconds east, 150.00 feet to a point; Thence south 45 degrees 40 minutes 30 seconds Qas~, 127.32 feet; Thence north 36 degrees 35 minutes 20 seconds east, 95.53 feet to lands now or fo~rly of Cornell; Thenoe along BaLd lands, south 46 degrees 27 minutes eaSlt, along said lands of Cornell and lands now or formerly of Wright, 309.43 feet; Thence /:llong land::s of w..-ight, north 36 degrees 3 minutes 40 seconds east, 36.20 feet to lands now en: fo=erly of Marvi.n; Thence along saJ.~ lands 1 Bouth !5 J degrees 58 minutes 50 seconds east, 101.43 feet; Thence still along lands or Marvin, north 36 degrees 3 minutes 40 seconds east, 137.89 feet to the southwesterly aide of Bowery Lane; Thence along the southwesterly side of Eowery Lane, south 48 -, degrees 51 minutes 40 seconds east, 15.06 feet to the point or place of BEGINNING.