HomeMy WebLinkAbout1000-103.-1-20.2 (2)
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DECLARATION OF COVENANTS
AND RESTRICTIONS
This declaration made this 15th day of December, 1989 by
BARBARA SOWINSKI, residing at 151 East Neck Road, Huntington, New
York, hereinafter referred to as the Declarant, as the owner of the
premises described in Schedule "A" annexed hereto (hereinafter
"t'eferred to as the PREMISES), who, having applied for a minor
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~~. '~~I subdivision of the Premises to the Planning Board of the Town of
~ ~~; Southold; and, the Suffolk County Planning Commission report dated
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:~lr-1:jO June 8, 1989, having been duly accepted by the Planning Board
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requiring the creation of a certain covenants and restrictions to
be filed in the Suffolk County Clerk's Office, and the Declarant
desiring to comply with the Planning Board's request and 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. No lot line on any lot of the subdivision of the PREMISES
shall be changed in any manner at any future date unless authorized
by the Town of Southold Planning Board.
2. No new residential structure or sanitary disposal facility
shall be constructed or otherwise located within 100 feet of the
upland edge of the tidal wetlands on the adjacent property to the
south and southwest of the PREMISES.
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SCHEDULE "A"
All that certain plot, piece, or parcel of land, with the
buildings and improvements thereon erected, situate, lying, and
being at Cutchogue, Town of Southold, County of Suffolk, state of
New York, bounded and described as follows: BEGINNING at a point
on the westerly side of Harbor Lane distant 2,623.28 feet
southerly from the corner formed by the intersection of the
southerly side of Main Road with the westerly side of Harbor Lane;
running thence along the westerly side of Harbor Lane, South 7
Degrees 58 Minutes 50 Seconds East 126.43 feet to land now or
formerly Madzelan; thence along said last mentioned lands to the
following two (2) courses and distances: (1) South 70 Degrees 01
Minutes 00 Seconds West 405.26 feet to a pipe: and (2) South 84
Degrees 03 Minutes 30 Seconds West 145.07 feet to a post and lands
now or formerly of Orlowski; thence along said last mentioned
lands North 2 Degrees 10 Minutes 10 Seconds East 519.15 feet to a
monument and lands of Dalchet Corp., thence along said last
mentioned lands South 87 Degrees 49 Minutes 50 Seconds East 3314.82
feet to a monument and lands of Hommel; thence along said lands
of Hommel, Manarel, and now or formerly of Lyons South 7 Degrees
58 Minutes 50 Seconds East 250 feet to a pipe; thence along said
lands now or formerly of Lyons, North 82 Degrees 10 minutes 10
Seconds East 140.00 feet to the westerly side of Harbor Lane, the
point or place of BEGINNING.
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3. Erosion and sediment control measures shall be required
~ during and immediately after construction an each lot to insure
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~ that stormwater runoff will not carry eroded and other deleterious
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~~ materials into the nearby branch of Baldwin's Creek and the tidal
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~ wetlands bordering the branch of the Creek.
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~ 4. 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 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.
5. 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 the
execution of this agreement, or at the time such laws, ordinances,
and/or regulations may thereafter be revised, amended, or
promulgated.
6. These covenants and restrictions shall run with the land
and shall be binding upon the DECLARANT, her successors, and
assigns, upon persons or entities claiming under them.
7. 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,
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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.
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BARBARA?S6WINSKI
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ACKNOWLEDGEMENT
STATE OF NEW YORK)
COUNTY OF SUFFOLK)ss.:
On the 15th day of December, 1989, before me personally came
BARBARA SOWINSKI, to me known and known to me to be the individual
described in and who executed the foregoing instrument, and
acknowledge that she executed the same.
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OTARY PUBLIC v
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IN THE MATTER OF MINOR
SUBDIVISION OF
BARBARA SOWINSKI
SUFFOLK COUNTY TAX HAP NUMBER
1000-103-1-20.2
DECLARATION OF
COVENANTS AND RESTRICTIONS
DATED: DECEMBER 15, 1989
PATRICK A. TROISE
ATTORNEY AT LAW
9 PRESIDENT STREET
HUNTINGTON STATION, N. Y. 11746
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11180PL318
DECLARATION OF COVENANTS AND RESTRICTIONS'
THIS DECLARATION made by BARBARA SOWINSKI this ,1 (L J day of
o C1-CdY&,f2-
~~~8mSer, 1990, residing at 151 East Neck Road, Huntington, New
York, hereinafter referred to as the DECLARANT, as the owner of the
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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
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declare that said PREMISES shall be held and shall be conveyed
Ryf! subject to the following covenants and restriction:
1.
DECLARANT has made application to the Suffolk County
DIST
1000
Department of Health Services (hereinafter referred to
SEC
10300
as the DEPARTMENT) for a permit to construct, approval
of plans or approval of a subdivision or development on
BLOCK
0100
the PREMISES.
LOT
020002
2. WHEREAS, the test wells sampled for the PREMISES
indicated a groundwater supply that had contamination in
excess of the minimum drinking water standard and/or
guidelines of the State of New York and contained excess
of the following:
DICHLORODIFLUOROMETHANE
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 quality
standards for drinking water; it is DECLARED and
11180Pb31C
COVENANTED by
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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 is 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
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1118OPC32()
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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 claiming
under them, and may be terminated, revoked or amended
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,
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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.
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BARB SOWINSKI
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ACKNOWLEDGEMENT
STATE OF NEW YORK)
)8S. :
COUNTY OF SUFFOLK)
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On the --' of Septemb~:t, 1990, before me personally came
BARBARA SOWINSKI, to me known and known to me to be the individual
described in and who executed the foregoing instrument, and
acknowledge that she executed the same.
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NOTARY PUBLIC
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Commllllon ElIp/rw '2IZIIt~
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seal of said County
and Court this ;2 r day of 'Vj t-o- 19 40 ..&
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STATE OF NEW YORK
55.:
County of Suffolk
I, EDWARD P. ROMAINE. Clerk ofthe County of Suffolk and Clerk of the Supreme Court of the 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 ~
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and that it is a just and true copy 01 suCl1 original j ,~~.
of the whole thereof. /--. --<-
and
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12-109..12189cs
Form No.1 04
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SCHEDULE A
DECLARANT BARBARA SOWINSKI
NAME OF SUBDIVISION: BAY COVE - 89-511.
All that certain plot, piece, or parcel of land, with the
buildings and improvements thereon erected, situate, lying,
and being at Cutchogue, Town of Southold, County of Suffolk,
State of New York, bounded and described as follows: BEGINNING at
a point on the westerly side of Harbor Lane distant 2,623.28 feet
southerly from the corner formed by the intersection of the
southerly side of Main Road with the westerly side of Harbor Lane;
running thence along the westerly side of Harbor Lane, South 7
Degrees 58 Minutes 50 Seconds East 126.43 feet to land now or
formerly Madzelan; thence along said last mentioned lands to the
following two (2) courses and distances: (1) South 70 Degrees 01
Minutes 00 Seconds West 405.26 feet to a pipe: and (2) South 84
Degrees 03 Minutes 30 Seconds West 145.07 feet to a post and lands
now or formerly of Orlowski; thence along said last mentioned lands
North 2 Degrees 10 Minutes 10 Seconds East 519.15 feet to a
monument and lands of Dalchet Corp., thence along said last ~
mentioned lands South 87 Degrees 49 Minutes 50 Seconds EAst .314.82
feet to a monument and lands of Hommel; thence along said lands of ~
Hommel, Manarel, and now or formerly of Lyons South 7 Degrees 58
Minutes 50 Seconds East 250 feet to a pipe; thence along said lands
now or formerly of Lyons, North 82 Degrees 10 minutes 10 Seconds
East 140.00 feet to the westerly side of Harbor Lane, the point or
place of BEGINNING.
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1118OPL323
SCHEDULE B
CONSENT OF MORTGAGEE/LIENOR
DECLARANT BARBARA SOWINSKI
NAME OF SUBDIVISION: BAY COVE -89-511
In the matter of the application of BARBARA SOWINSKI the
undersigned, the declarant, hereby represents and warrants that
there is no mortgagee holding any mortgage lien on the premises and
I own the same free and clear of all such liens.
~~~~.
BARBARA SO SKI- DECLARANT
ACKNOWLEDGEMENT
STATE OF NEW YORK)
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COUNTY OF SUFFOLK)
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On the...J day of Daptallll5ar, 1990, before me personally came
BARBARA SOWINSKI, to me known and known to me to be the individual
described in and who executed the foregoing instrument, and
acknowledge that she executed the same.
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NOTARY PUBLIC
MELANIE S. DCMWEY
Notary PubUcl. sun. III ,.. "-It
No. 4811814
Qualified In 8uffDIk ~ 0 I
Commission Explrea 12/2111LU
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Hf~!~;.):-"~:;[D
IN THE MATTER OF MINOR
SUBDIVISION OF:
BARBARA SOWINSKI
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SUFFOLK COUNTY TAX MAP
NUMBER 1000-103-1-20.2
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DECLARATION OF COVENANTS
AND RESTRICTIONS
DATED:
, 1990
RECORD AND RETURN TO:
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PATRICK A. TROISE
ATTORNEY AT LAW
.
9 PRESIDENT STREET
HUNTINGTON STATION, N.Y. 11746