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Home My WebLink About1000-112.-1-8 '* . ~ .'11213 PG435 () '-. , I . DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 21 day of January, by CHARLES P. SIMMONS, residing at 221 West 82 Street, New York, New York, hereinafter referred to as "Declarant." WIT N E SSE T H : WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at Mattituck, Town of Southo1d, County of Suffolk, State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 112, Block 1, part of Lot 8; begin the same premises conveyed to Declarant by deeds dated October 26, 1987, in Liber 10537 Pages 5-8 and 13-15 referred to herein as the "premises." WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW, THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises so purchased shall be he:d subject to the covenants, and restrictions hereinafter set forth. 1. The premises shall not be changed in any manner at any future date unless authorized by the Town of Southo1d Planning Board. There shall be no further subdivision of the premises in perpetuity. 2. The road as required in the heretofore approved minor subdivision of Charles P. Simmons, shall be constructed prior to the conveyance of title of the Homestead parcel or within one (1) year from the conveyance of title to one of the Sound front parcels created in the approved minor subdivision. 3. 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 Southo1d 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. IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. (//~ d /' ~~? ~ CHARLES P. SIMMONS \., \ ) ( , J 11061r~392 --- :~.--:-- DECLARATION OF COVENANTS AND RESTRICTIONS THIS INDENTURE made this ~0 day of . ? jnM\llfU\ 1990 82 Street, New by CHARLES P. SIMMONS residing at 221 West York, New York, hereinafter called the Declarant. /P~O WHEREAS, the Declarant is the owner in fee simple of a certain /0700 i?al:cel of land situate at Mattituck, Town of Southold, SuffoJ.k County, 0400 i1,,'.J '}:(),:-k, and debig'ldt"d 011 ::'i.." ::;uf;:;;'!,;~ Cvu"tj '.',~" r:::'i? ::.::: ~:'.Jt.:,-:::t I/o 1000, section 112, Block 1, Lots 8.2, 8.3, 8.4, 8'.5 and 8.6 containing PO)w( ap:?,:-oximately 57.6 acres, bein':J the same .?remises acquieed by the 2) Declarant by deed and recorded in the Suffo'k County Clerk's office ..-;...0.... , " ~ . on Febeuaey 9, 1988 in Liber 10537 of dell~S. al:; pages I, 5, 9, 13 and 16'IBod refeered to herein as tne "Jcemises" and IU't 4 \990 ~IHEREAS, the Declarant intends to subdivide said peemises for k cesidedtial purposes and desires to subject said pcemises to ceetain conditions, covenants and restrictions in ordee to pcesecve the maximlim-open space, natural scenic beauty and natueal vegetation and to prevent ova~cruwding and to conserve the geound watee eesoueces ~f the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Boaed of the Town of Southold foe appcoval of the subdivision and development of the p~emises as a Minoe Subdivision, to contain not more than four (4) lots oc parcels, NOW THEREFORE, the Declarant does hereby declaee that the ') afoeesaid peemises and eveey portion theeeof is heeeby held and shall , , c\, '- 't be conveyed subject to the conditions, covenants and restrictions heeeinafter set foeth, and that eveey puechaser of said ;?remises >::'\' !, \ \ D /', Jj ........ ", . -1- \) ( / . / . 11061n39J / ~ , of 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. Lots 1 and 2 as shown and designated on the Minor Subdivision Map approved by and filed with the Southold Town Planning Board shall not be further subdivided in perpetuity. 2. Any further subdivision of Lot 3 as shown and designated on the Minor Subdivisiom Map approved by and filed with the Southold Town Planning Board shall be processed as a major subdivision by the Southold Town Planning Board, requiring all improvements to major specification. 3. 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,' conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, their heirs, successors and assigns~ any owner of any :~~t:0n 0f rh~ ~f~r2m~nt:o~~d ?~~~:2C~~ ~h~:~ h~i~z, ~UCCcS3~:~ 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. -2- \1 ( ,A'061PC394 /'4. ;,equest of the then owner of the premises with the approval of a majority / plus one of the Town Board or 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 These Covenants and Restrictions can be modified only at the shall not be required. -3- l' \ , (- 11061PC395 / DESCRIPTION OF PREMISES All that certain plot, piece or parcel of land situate lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: / BEGINNING at a point which is located on the northerly side of Sound Avenue, which said point of beginning is the southwesterly corner of the premises described herein. From said point of beginning thence North 89 degrees 53 minutes 00 seconds West along the northerly side of Sound Avenue 426.85 feet to a point; thence the following three (3) courses and distances along property now or formerly of Reeve: (L) (2 ) (3 ) North North North 19 degrees 41 minutes 00 seconds West 24 degrees 31 minutes 10 seconds West 31 degrees 37 minutes 40 seconds West 822.11 476.61 7.56 feet; feet; feet; THENCE through the premises three courses and distances as follows: (1) North 59 degrees 31 minutes 00 seconds East 216.70 feet; (2 ) North 22 degrees 19 minutes 20 seconds West 368.62; ( 3 ) South 71 degrees 33 minutes 50 seconds West 283.77 feet to said land of Reeve; Running thence along land last mentioned six (6) courses and distances as follows: e 1) North 31 degrees 37 minutes 40 seconds West 70.16 feet; ( 2) Nor th 28 degrees 08 minutes 10 seconds West 375.40 fee t ;: (3) North 18 degrees 25 minutes 50 seconds West 287.22 feet; (4 ) North 9 degrees 01 minutes 00 seconds West 175.77 feet; (5 ) North 24 degrees 16 minutes 30 seconds West 582.54 feet; (6) North 22 degrees 18 min utes 30 seconds West 80 feet; THENCE through the premises North 63 degrees 12 minutes 00 seconds East 604.68 feet to land of Koro1eski the following seven courses and distances as follows: (1) South 22 degrees 29 minutes 30 seconds East 135 feet; (2 ) South 20 degrees 01 minutes 20 seconds East 103.80 feet; (3 ) South 14 degrees 47 minutes 40 seconds East 206.15 feet; (4 ) South 20 degrees 22 minutes 30 seconds East 895.22 feet; e 5) South 21 degrees 36 minutes 30 seconds East 709.03 feet; (6) South 19 degrees 23 minutes 30 seconds East 1342.09 feet; (7 ) South 17 degrees 41 minutes 00 seconds East 209.57 feet to the nor therly" si de of Sound Avenue and the point or place of beginning. -4- (\ F r 11061PC396 has been executed the IN WITNESS WHEREOF, .this indenture day and year first above written. /1'<1l/1 ( CHARLES P. S / 1 STATE OF NEW YORK ss.: 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 C9l!rt being a CO\!!1.pf Record) DO HEREBY CERTIFY that I have compared the annexed copy of J::J ...J!-<:"fl<A..~ .. f ~c:.&L tr> J?t...v.,..t Y I ,/po @.. / ~ : Of r:...... ....... .i>I""~, 110" I and that it is a just and true copy of such original /LUCt'> -L/ and of the whole thereof. P""l",\ f . J/...... IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this '/ day of ~ 19 la . ,t f,t, ~..J) "..' . ,,' , ~('"'''d''''''' ".:;.I/.V' II. J- .....................v...,...- ............................................................... Clerk. Form NO.1 04 12-109..12189cs D!. ~, ~e ~LN-- rJ.,tJ' f) '\\tnvL\ LflJ~)C~. e D t>< Glll~H J.- \n . i N--\ Wi ~1 JJ,r{1.~-'r.\0 i ) J)c:'l .....\- \(.... 'p r."J :.: en co ;. c: -' -< -r. -r - c r r- ( .' .""'" 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