HomeMy WebLinkAbout1000-97.-3-18.1
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DECLARATION OF COVENANTS
AND RESTRICTIONS
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THIS INDENTURE made this J<"I day of
/1{0 V .
,j 1991':by
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New York,
FRANCIS GREENBERGER residing at 249 East 48 Street, New'-York,
hereinafter called the DECLARANT.
WHEREAS, the Declarant is the owner in fee simple of a certain
parcel of land situate at Cutchogue, Town of Southold, Suffolk County,
New YOrk, and designated on the Suffolk County Tax Map as District 1000,
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Section 97, Block 3, Lot 18.1, containing approximately ~. ~ acres,
being the same premises acquired by the Declarant by deed dated
December 22, 1987 and recorded in the Suffolk County Clerk's Office
on December 22, 1987 in Liber 11:>4\.1.3 of deeds at page 2/1, and referred
to herein as the "premises"~and
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WHEREAS, the Declarant intends to subdivide said premises for
residential purposes and desires to subject said premises to certain
conditions, covenants and restrictions in order to preserve the
maximum ope~ space, natural scenic beauty and natural vegetatio~
and to pre~ent overcrowding and to conserve the ground water re~o~rces
of the Town of Southold, and
WHEREAS, the Declarant has applied to the Planning Board of the
Town of Southold for approval of the subdivision and development of
the premises as a Minor Subdivision, to contain not more than four (4)
lots or parcels,
NOW THEREFORE, the Declarant does hereby declare that the
aforesaid premises and every por~ion thereof is hereby held and
shall be subject to the conditions, convenants and
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restrictions hereinafter set forth, and that every purchaser
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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 th~ covenants, conditions and restrictions
hereinafter set forth.
1. No structure or building shall be placed within
the easement area. The terms I'structure" and
"building" shall be interpreted as including
swimming pools; patios; garages; sheds; and other
storage buildings; structures for the housing of
domesticated animals; the storage of boats, trailers,
recreational vehicles; and the placement of fences,
retaining walls and bulkheads.
2. The entire easement area shall remain in its natural
state.
3. The easement area shall not be filled with soil,
sand, brush or other debris.
4 .
Any disturbance to the land within the easement
shall be redres.~d by the restoration of said
land to its prior state within sixty (60) days of
the disturbance or of the date the disturbance
was reported to the Planning Board.
.
5. There shall be no further subdivision of any lot in
perpetuity.
6. These covenants and restrictions can be modified only
at the request of the ten 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 modifications shall not be required.
7. 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 perpetu"ity.
Said covenants, conditions and restrictions shall be
binding upon, inure to the benefit of and be enforceabl~
by the Declarant, their heirs, successors and assigns;
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Schedule B
CONSENT OF MORTGAGEE/LIENOR
DECLARANT
Francis Greenberqer
H.D. REF. NO. OR NAME OF SUBDIVISION 87-912
In the matter of the application of Francis Greenberger, the
undersigned, as holder of a mortgage or lien on premises described
in Schedule A annexed hereto, hereby consents to the annexed
covenants and restrictions on said premises.
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STATE OF NEW YORK
COUNTY OF 9UFFOLK
ss.
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On the day of
came
individual (s) described
and aCknowledged that he
, 1991, before me personally
, to me known to be the
in and who executed the foregoing instrument
(she) (they) executed same.
. ;a .
NotarF~~New York
IM.ANO JOROAfl' . "
NOTARY JlUBLIc:. St.,. 01 ,... VodI
No. 31.48B9S'1~
Qullilitd III New Vortl ~~ Q;1,
Convnisllon bpi,.. April 13. "'-i=
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SCHEDULE A
DESCRIPTION OF PROPERTY
DECLARANT
Francis Greenberqer
H.D. Ref. No. or Name of Subdivision 87-912
All that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being in
East Cutchogue, Town of Southold, county of Suffolk, State of New
York, more particularly bounded and described as follows:
BEGINNING at a point on the northerly side of Eugenes Road, distant
381.54 feet southwesterly from Bay Avenue: Thence along the northerly
side of Eugenes Road South 630 36' 50" West Z38.4Z feet to land now
or formerly of Parker: Thence along land of Parker, and lands of Kaufman,
North 40 16' 30" East 303.90 feet: Thence still along lands of Kaufman
North 860 9' 30" West 809 .~3 feet to lands of Stepnoski: Thence along
said lands, North 190 6' !O" East 878.Zl feet to lands of Mirag}ia:
Thence along said lands of Miraglia South 7Zo 36' ZOo East, 441.08 feet,
Thence still along lands South 130 4' 40" West Z04.00 feet: Thence
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North 89 30' 00" East ZZZ.76 feet; Thence North 89 7' ZOo East l17.3Z
feet to lands of Ditolla: Thence along said lands North 890 ZZ' 50"
East 35.4Z feet to lands of Young: Thence along said lands South
ZO 55' 50" West 755.54 feet to the point or place of BEGINNING.
any owner ~f any portion of the aforem(ntioned
premises their heirs, successors and assigns, and
the Town of Southold, and its successors and 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,
IN WITNESS WHEREOF, this indenture has been executed the
day first above written.
~~
~RANCIS GREENBERGER
State of New York)
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County of Suffolk)
S s. :
On the day of
Francis Greenberger,
and who executed the
executed same.
, 1991, before me personally came
to me known to be the individual described in
foregoing instrument and acknowledged that he
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of New York
RYLAND JORDAN
. NOTARY PUBLIC, Stal. 01 Ne. V.1ll
No. 31-4889!l'1~
Ouol~iod In.New V",r!< County ;) '"
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DECLARATION OF COVENANTS AND RESTRICTIONS
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THIS DECLARATION made by Francis Greenberger, residing at 249 East
48 Street, New York, New York, hereinafter referred to as the
DECLARANT, as the owner of the premises described in Schedule
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annexed hereto (hereinafter referred to as the PREMISES) desires to
restrict the use and enjoyment of said PREMISES and has for such
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purposes determined to impose on said PREMISES covenants and restrictions'i
and does hereby declare that said PREMISES shall be held and shall be
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conveyed subject to the following covenants and restrictions:
1. W~EREAS, DECLARANT has made application to the Suffolk County
Department of Health Services (hereinafter referred to as the
DEPARTMENT) for a permit to construct and/or approval of plans for
a single family residence, a subdivision or development or other
construction project on the PREMISES; and
2. WHEREAS, the PREMISES are to be served by an individual onsite
private well; and
WHEREAS,.~he test wells sampled for the PREMISES indicated that test
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results were within the minimum drinking .ater standards and/or'
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guidelines of the State of New York and results are attached hereto as
Schedule C. Each chemical parameter which exceeds 60% of the acceptable
level is indicated with an asterisk; and
WHEREAS, it has been determined that water quality of private wells is
subject to change, and
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WHEREAS, approval of the DEPARTMENT does not guarantee that the water
quality will always meet drinking water standrads; and
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WHEREAS, the
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DEPARTMENT recommedns
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periodic comprehensive water analysis
of such well in order to monitor the water quality to prevent the unknowir
consumption of contaminated water, the DECLARANT, its successors, heirs,
or assigns agrees that if said water analysis should indicate water
contamination in excess of the minimum drinking water standards and/or
,
guidelines of the State of New York, DECLARANT, its successors, heirs
or assigns may be required to:
A. Connect to public water, or
B. install necessary water conditioning equipment so as
to meet the minimum drinking water standards and/or
guidelines of the State of New York.
3. The DECLARANT, its successors and/or assigns shall set forth
these covenants, agreements and declarations ina ny and all leases
to occupants, tenants and lor 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 sUbjugatic
to the covenants and restrictions.
4. All of the covenants and restrictions contained herein shall
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be construed to be in addition to and not in derogation or li~~~ation
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upon any provisions of local, sta~e, and federal laws, ordinanc~s, 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 lawas
required by law or by their provisions to be incorporated herein and they
are deemed to be incorporated and made a part hereof, as though fully
set forth.
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6. the aforementioned Restrictive Covenants shall be enforceable
by the County of Suffolk, State of New York, by injunctive re~ief 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 claiming under them, and may be terminated,
revoked or amended only with the written consent of the DEPARTMENT.
8. The declarations set forth in the WHEREAS clauses contained herein
shall be deemed and construed to be promises, covenants, and restrictions
as if fUlly repeated and set forth herein.
9. If any section, subsection, paragraph, clause, phrase or provision
of these covenants and restrictions shall. by a Court of competent v
jurisdiction, be adjudged illegal, unlawful, invalid, or held' to be
unconstitutional, the same shall not affect the vaildity of these
covenants as a whole, or any other part or provision hereof other than
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the part~ so adjudged to be illegal, unlawful, invalid or uncon~titutional.
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10. Local Law #32-1980 - The DECLARANT represents and warrants that he
has not offered or given any gratuity to any official, employee, or agent
STATE OF NEW YORK
County of Suffolk
J, EDWARD P. ROMAINE, Clerk olthe County of Suffolk and Clerk olthe Supreme Court olthe State
of New York In and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that
I have compared the annexed copy of ~ '
~\1M1-I~,11~AQ...I;)";)"o P'(\-'--~//~7/f;;J.~7
and that It IS a Just and true copy of such original .< . ." and
of the whole thereof. /~
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IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County
and Court thiS I .3 day of 'vi ~ 19q~
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...................... .......... ..... " C;-~~;:.Yf';':i..,;,.:.. .~:.'. ".:_'/;,~..
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Form NO.1 04
12.101J..12188c:a
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State of New York
ss.
County of Suffolk
On the -o\<..r day of'" J\IJO)LJ':,t , 1991, before me personally
came Francis Greenberger, to me known to be the individual described
in and who executed the foregoing instrument and acknowleged that
he executed same.
New York
RYlAND JORDAN
NOTARY PUBLIC, Stat. 01 Now Yo'"
No. 3l-4889!l'19
Q.a1ilitd In New York C..nty 4....
Commiulon Upltu Ap,U 13. 19~
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SCHEDULE A
DESCRIPTION OF PROPERTY
DECLARANT
Francis Greenberqer
H.D. Ref. No. or Name of Subdivision 87-912
All that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being in
East Cutchogue, Town of Southold, county of Suffolk, State of New
York, more particularly bounded and described as follows:
BEGINNING at a point on the northerly side of Eugenes Road, distant
381.54 feet southwesterly from Bay Avenue; Thence along the northerly
side of Eugenes Road South 630 36' 50" West 238.42 feet to land now
or formijrly of Parker; Thence along land of Parker, and lands of Kaufm~n,
North 4 16' 30" East 303.90 feet; Thence still along lands of Kaufman
North 860 9' 30" West 809.93 feet to lands of Stepnoski; Thence along
said lands, North 190 6' 30" East 878.21 feet to lands of Miraglia;
Thence along said lands of Miraglia South 720 36' 20" East, 441.08 feet,
.0.
Thence st1ll along lands South 13 4' 40" West 204.00 feet; Thence
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North 89 30' 00" East 222.76 feet; Thence North 89 7' 20" East 117.32
feet to lands of Ditolla; Thence along said lands North 890 22' 50"
East 35.42 feet to lands of Young; Thence along said lands South
20 55' 50" West 755.54 feet to the point or place of BEGINNING.
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AUG 14 '92 11:13
115~hrG292
SCHEDULE B
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CONSENT OF MORTGAGEE/LIENOR
DECLARANT
Francis Greenberqer
H.D. REF OR NAME OF SUBDIVISION
Greenberqer 87-912
In the matter of the application of Francis Greenberger, .the
undersigned, as hOlder of a mortgage or lien on premises described
in Schedule "A" annexed heret~ he
restrictions on said premises and h
or. fien on the premises describe
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to covenar~8 }~~~
subordinates its mortgage
Schedule "A".
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FRANCIS GREENBERGER
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STATE OF NEW YORK)
~y~ss.:
COUNTY OF ~~LK)
On the~~aay of ~ , 1992, before me personally
came Scott Kaufman, to me known to be the individual described
in and who executed the foregoing instrument and acknowledged
that he executed same,
STEVeN J, COilVl, SR,
. State of New Yorfc
No, 30'4ll~5352
Qualifi9d in Nassau County
CommIssion Exp!fes July 28, 19 7' Y
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STATE OF NEW YORK)
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COUNTY OF SUFFOLK)
On the 3./~ aay Of ;t'cJJr , 1992, before me' personally
came Francis Greenberger, to me known to be the individual
described in and who executed the foregoing instrument and
acknowledged that he executed same.
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NOTA PUBLIC
RYlAND JORDAH
NOTARY PUBLIC, SI.t. 01 Ntw Yorl
No, 31-4SS91l'H
Qu.lll1oc1 In New York County d"2
CommilliOn [apir.. April 13. 19~
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10957r(i09
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made by FRANCIS GREENBERGER this 13+~ day of
Seph:rnbcr ' 1989, residing at 249 East 48 Street, New York,
'.
~Ar , New York, a sole proprietorship having its principal place of
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'-~ business at 249 East 48 Street, New York, New York, hereinafter
Q~1 :'. 'S'39referr8d to as the DECLARANT, as the owner of the premises
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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 shall be held and shall be conveyed subject to the
following covenants and restrictions:
1. DECLARANT has made application to the Suffolk County
Department of Health Services (hereinafter referred to as the
DEPARTMENT) for a permit to construct, approval of plans or approval
of a subdivision or development on the PREMISES.
2. As a condition for approval of the DEPARTMENT of such
subdivision or development application, the DECLARANT agrees
that fill will be placed on said PREMISES wheee such fill shall
be sufficient to provide adequate grade to allow the installation
of a three (3) pool sewage disposal systew in accordance with
construction standards or guidelines of the DEPARTMENT in effect at
the time of construction and that such fill requirementshal~ be
a condition for approval of individual construction applications.
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
ie,
property and shall, by their terms, subject same to the covenants
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10~57P~110 .'-
and restr~ctions 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 bylaw 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 af Suffolk, State of New York, by injuctive
relief or bay 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 claiming under them, and my be
terminated, 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
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109~?pnll
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held to be unconstitutional. the same shall not affect tha
validity of these covenants as a whole, or any other part of
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 Doli tical oartv, wi. t:h. t':hA nllrnn_~Q r'U'''' ; n~.ct.n~ .....-1= o"'~.. _...........
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STATE OF NEW YORK
ss.:
I
County of Suffolk
I, WILLIAM G. HOLST, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of
New York in and for said County (said CO)!~f Record) DO HEREBY CERTIFYlhat I
have compared the annexed copy of!IjU . P /1 L C. ~ /0 -;
~L?~th.L3(), f1fi<ltL.tJ4f.:,' "1-~ ~>.//() 1S, f' '
. and that it is a just and true copy of such original ~ "- ~-- and
of the whole thereof.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County
and CO~~ :~i~ " .. . . .. ..~ ~~~~: .~. .. . '" . .. . .C)~('. _' .~i~-
.L3/1pt V' 'Clerk.
Form No.1 04 12-',,",6/89pa
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10b57PGl12
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SCHEDULE A
I
DESCRIPTION OF PROPERTY
DECLARANT
H.D. REF. NO. OR NAME OF SUBDIVISION Greenberger 87-912 Southold
All that certain plot, piece or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being in
East Cutchogue, Town of Southold, County of Suffolk, State of New
York, more particularly bounded and described as follows:
,
BEGINNING at a point on the northerly side of Eugenes Road, distant
381.54 feet southwesterly from Bay Avenue; Thence along the northerly
side of Eugenes Road South 630 36' 50" West 238.42 feet to land now
or formerly of Parker; Thence along land of Parker, and lands of Kaufman,
North 40 16' 30" East 303.90 feet; Thence still along lands of Kaufman,
North 860 9' 30" West 809.93 feet to lands of Stepnoski: Thence along
saD lands, North 190 6' 30" East 878.21 feet to lands of Miraglia:
Thence along said lands of Miraglia South 720 36' 20" East, 441.08 feet,
Thence still along lands South 130 4' 40" West 204.00 feet: Thence
o 0
North 89 30' 00" East 222.76 feet: Thence North 89 7' 20" East 117.32
feet to lands of Ditolla; Thence along said lands North 890 22' 50"
East 35.42 feet to lands of Young: Thence along said lands South
20 55' 50" West 755.54 feet to the point or place of BEGINNING.
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10957PG113
STATE OF NEW YORK
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COUNTY OF SUFFOLK
On th e /.J'<H-- day
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Of~
, l~89, before me
personally
came Francis Greenberger, to me known to be the individual
described in and who executed the foregoing instrument and
acknowledged that he duly executed same.
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NOTARY PUBLIC : STATE OF NBW YORK
~~. ST?S~ RHONDA FAST .
...-....~Lj,~ PUBLIC, 3tatg of NewYar'"
.,!1~. .olF_-'~;:-;j1118 .
Q:!c_h~:e.:;; ~~ -'.: 3er:3 County
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SCHEDULE B
CONSENT OF MORTGAGEE/LIENOR
DECLARANT
Francis Greenberger
H.D. REF. NO. OR NAME OF SUBDIVISION Greenberger 87-912 Southold
't' f Francis Greenberger the undersigned,
In the matter of the appl~ca ~on 0
as holder of a mortgage or lien on premises described in Schedule "A"
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STATE OF NEW YORK
ss.:
County of Suffolk
I, WILLIAM G. HOLST, Clerk of the County of Suffolk and Clerk ofthe Supreme Court of the State of
New York in and for said County (said Gourt being a Court of Record) DO HEREBY CERTIFY that I
have compared the annexed copy of ~ G J..., I"C, ....../1 /d
~ Mth::t:. ~o, /<1 8~.,< <It" 1'1'l1-<A\. ~ IJ '/S I r / 7"
and that it is a just and true copy of such original ~<-..- and
of the whole thereot.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Oounty
and Court this <30dayof ~ 19<f'1 .
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Form No.1 04 UA ""() J 7 12.1.10 61.'"
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STATE OF NEW YORKT'
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COUNTY OF SUFFOLK
On the 3,1 day of b.H-,,"'-'
came Richard Young, to me known to be the individual described
, 1989, before mer personally
in and who executed the foregoing instrument and
acknowledged that he duly executed same.
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NOTARY PUBLIC-: STATE OFNEW YORK
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