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Home My WebLink About1000-78.-7-5.3 . 111111111111 111111111111111 11111 11111 11111 1111111111111 111111111111111111111 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 4 Receipt Number : 06-0102349 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: Block: 078.00 07.00 EXAMINED AND CHARGED AS FOLLOWS Following Fees For Above Instrument Exempt NO NO NO NO NO $12.00 $5.00 $0.00 $10.00 $0.00 Handling NYS SRCHG Notation RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 10/19/2006 02:13:02 PM D00012475 008 Lot: 005.003 $5.00 $15.00 $0.00 $50.00 $97.00 Exempt NO NO NO NO ~ ~w . Number of pages ~~ECDF.DED 2006 Oct 19 D2~ 13: U2 PI'(1 Judith RI Pascale This document will be public record. Please remove all Social Security Numbers prior to recording. CLEFJ< OF SUFFOLk: COUt'1T'/ L L)()001247::i F Ui.Jd Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee Handling I)-~ Certified Copy NYS Surcharge Other 'ir Sub Total )1/ ~ 5. 00 10 / 15. 00 Sub Total '60'-' Grand Total {lj / C /711 1000 07800 0700 005003 1000 07800 0700 005004 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. or Spec. / Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO 5. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit If NO, see appropriate tax clause on page # of this instrument. 4 Dist. Real Property Tax Service Agency Verification 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Improved Vacant Land N (Q. r\<. <)~O)' (\I1tt{~ i:o Ll fho(~ bt-kfv 6~Yll(ev ~ IUy /;q 'II TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk 7 Title Com an Information Co. Name Title # 8 Suffolk Count e This page forms part of the attached made by: {v/ (1({( h rJ.-K+ { ( TO The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Sb t0lJLt) I} In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) . . DECLARA TION OF COVENANTS AND RESTRICTIONS This DECLARATION is made and dated the / flf; day of October, 2006 by Mark Baxter, residing at 5805 Main Bayview Road, Southold, NY 11971. Herein referred to as the OWNER. WITNESSETH: WHEREAS, the undersigned is/are the owner(s) of the land more specifically described as follows: METES AND BOUNDS DESCRIPTION ALL that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being at Bayview in the Town of Southold, County of Suffolk, State of New York, being known and designated as lots numbered 68,69, 70, 71 and the southeasterly one half of lot 72 on a certain map entitled, "Map of Goose Neck" situate at Bayview and filed in the Suffolk County Clerk's office on November 22, 1940 as and by Map No 1663 and described parcels adjacent thereto when taken together being more particularly bounded and described as follows: BEGINNING at a monument on the northeasterly side of Main Bayview Road distant 325.0 feet southeasterly from the comer formed by the intersection of the southerly side of Smith Drive South and the northeasterly side of Main Bayview Road and: RUNNING THENCE North 39 degrees 00 minutes East along lands now or formerly of Ohlman 162.32 feet to a monument; THENCE still along lands now or formerly of Ohlman North 60 degrees 39 minutes 50 seconds West 76.96 feet; THENCE north 70 degrees 49 minutes 40 seconds East along land now or formerly of B. Stahl 143.86 feet and North 39 degrees 00 minutes East still along said lands of B. Stahl and later along lands now or formerly of Rukowski 338.37 feet to an iron pipe and lands now or formerly of O'Neill; THENCE 210 feet South 51 degrees 00 minutes East along said lands of O'Neill; THENCE North 70 degrees 49 minutes 40 seconds East, 30(+-) feet to the normal high water mark of Goose Creek; THENCE southeasterly and southwesterly along the normal highwater mark of Goose Creek as it winds and turns approximately 460 (+-) feet to lands now or formerly of Grattan; THENCE South 42 degrees 53 minutes west along lands now or formerly of Grattan 360 feet to lands now or formerly of Green; THENCE along said lands now or formerly of Green, (1) North 51 degrees 00 minutes West 56.0 feet and (2) South 40 degrees 44 minutes 50 seconds West 166.14 feet to the . . northeasterly side of Main Bayview; THENCE North 51 degrees 00 minutes West along the northeasterly side of Main Bayview Road 420.35 feet to the monument; the point or place of BEGINNING SUFFOLK COUNTY TAX MAP NUMBER(S) DISTRICT: 1000 SECTION: 78 BLOCK: 7 LOT(S) 5.3 and 5.4 WHEREAS, the owner(s) has heretofore applied to the Planning Board of the Town of Southold for approval of a subdivision of the aforesaid property. WHEREAS, SAID OWNER(s) herewith agree(s) to file covenants and restriction on the above described property as required by the Planning Board of the Town of Southold, Suffolk County, New York. NOW, THEREFORE, said declarant, Mark Baxter, makes the following declaration of protective covenants and restriction to the land heretofore described: 1. Clearing on Lot 2 shall be limited to 25,572 square feet; 2. The driveway to be constructed on Lot 2 shall be of pervious materials. If the parties hereto, or any of them, their heirs, successors or assignees shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Town of Southold to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants either to prevent him or them from so doing or to recover damages or some other relief for such violation. Invalidation of anyone of these covenants by judgment or court shall in no way affect any of the other provisions which shall remain in full force and effect. The owner reserves for himself and his distributees, executors, administrators, successors and assigns, the right to terminate and amend their covenants herein set forth upon prior approval of the Planning Board of the Town of Southold, 53095 Route 25, Southold, NY 11971-0959. This declaration of covenants shall run with the land and shall be binding upon the owner and his distributees, executors, administrators, successors and assigns. IN WITNESS THEREOF, the Declarant has caused this instrument to be executed the day and year first above written. -~----------- Mark Baxter \ I STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: On the / q day of October in the year 2006 before me, the undersigned personally appeared Mark Baxter, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signature(s) on the instrument the individual(s), or the person upon behalf of which individual( s) acted, executed the instrument. /' ~ COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK SS.: I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, de hereby certify that I have compared the annexed with the original ..de0-.~~..(.~.............RECORDED in the office on 19.:~3.::~..~..... under LIBER<DQ9.9..1.~~1~......PAGE ...\3.........and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my,and and affixed the seal of said County and Court on this .L~.~....day of ...Q~...~........., 209.<R.. CLERK. Q"'III :a... a., .I)":Y.~.~ tJ o o STATE OF NEW YORK COUNTY OF SUFFOLK ) ) ss: On the I q day of October in the year 2006 before me, the undersigned personally appeared Mark Baxter, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signature(s) on the instrument the individual(s), or the person upon behalf of which individual(s) acted, executed the instrument. Ii rUww , - Signature and Office of individual taking acknowledgment NANCY WALTERS Notary Public, State of New York No. 01WA5081368 Qualified in Suffolk County ~_1 Commission Expires June 30. ., . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 6 Receipt Number : 06-0003268 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 078.00 EXAMINED Following Fees For Block: 07.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $18.00 $5.00 $0.00 $10.00 $0.00 Handling NYS SRCHG Notation RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 01/11/2006 02:28:08 PM D00012430 127 Lot: 005.004 $5.00 $15.00 $0.00 $50.00 $103.00 Exempt NO NO NO NO ( . Number of pages TORRENS RECORDEr< 2006 Jan 11 02:28:08 PM Serial # CLERK OF SUFFOLK COUt.JT'.,' L ['00012430 F' 127 Certificate # Prior Ctf. # Deed I Mortgage Instrument Deed I Mortgage Tax Stamp Recording I Filing Stamps 3 FEES Page I Filing Fee Handling It? EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Sub Total c9-3 Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. or 5. 00 TP-584 Notation 15. 00 Sub Total @30~ fCJ3 C~ Spec. I Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 1-(1-(-0)' Comm. of Ed. 5. 00 50 Affidavit Certified Copy 2-. NYS Surcharge Other 10 Grand Total Real Property Tax Service Agency Verification 1000 07800 0700 005004 1000 07800 0700 005003 5 Community Preservation Fund 4 Dist. < - Consideration Amount $ CPF Tax Due $ Improved Vacant Land 6 SatisfactionslDischargeslReleases List Property Owners Mailing Address RECORD & RETURN TO: mQ.J~ -6~}+t'V . Sf5D5 YVICtlv', '&''11)) '-e ill ReO S,O\.1 ~ kJd yt" V(, I) 9r I TD TD TD 7 Title Com an Information Co. Name Title # ~S~ffolk County Recording & Endorsement Page__ This page forms part of the attached .~ (' \ (.' {'n. .~ () vi '-../n4 . . oJ (SPECIFY TYPE OF INSTRUMENT) L1/ci..:... (1j~A p 11 ~ P UIhA. . The premises herein is situated in ~ SUFFOLK COUNTY, NEW YORK. --- In the Township of \5)l~() fJ made by: ,/ ~~ C TO ~ v~A-Jd- In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) '- . . DECLARATION OF COVENANTS AND RESTRICTIONS ,,-0\ This DECLARATION is made and dated the II day of November, 2005 by Mark Baxter and Jacqueline Baxeter,residing at 5805 Main Bayview Road, Southold, NY 11971. Herein referred to as the DECLARANT. WIT N E SSE T H: WHEREAS, the DECLARANT is the owner of a certain real property situate on the northeasterly side of Main Bayview Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "An attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into two (2) lots, as shown on the Subdivision Map of Mark Baxter prepared by Young & Young, Land Surveyors last dated January 18, 2004 which map will be filed herewith in the Office of the Suffolk County Clerk; 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 owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots I and 2, 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 has determined that the same will be for the best interests of the DECLARANT ans subsequent owners of said parcel; NOW, THEREFORE, TillS DECLARA nON WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the sail lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: . . 1) There shall be no further subdivision of Lots land 2. No lot lines shall be changed unless authorized by the Town Planning Board. 2) No structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the wetlands as designated on the subdivision map. 3) There shall be a 50' non-disturbed buffer adjacent to the wetland boundary on the subject premises as shown on the subdivision map approved by the Planning Board. 4) Storm-water resulting from the development and improvement or use of Lots 1 and 2 of such subdivision map shall be retained and disposed of on site. No storm-water shall be discharged to public lands or waters. 5) Prior to the commencement of any construction activity on lots 1 and 2 NYSDEC SPEDS General Permit must be secured and submitted. This declaration of covenants shall run with the land and shall be binding upon the owner and his distributees, executors, administrators, successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owners of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision 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. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold te enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the Declarant '- . . SCHEDULE "A" All that certain plot, piece or parcel of land, situate, lying and being at Bayview in the Town of Southold, County of Suffolk, State of New York, being known and designated as Lots Nos. 68, 69, 70, 71 and the southeasterly one half of Lot 72 on a certain map entitled, "Map of Goose Neck", situate at Bayview and filed in the Suffolk County Clerk's Office on November 22, 1948 as and by Map No. 1663 and described parcels adjacent thereto when taken together being more particularly bounded and described as follows: BEGlNNlNG at a monument on the northeasterly side of Main Bayview Road distant 325.00 feet southeasterly from the comer formed by the intersection of the southerly side of Smith Drive South and the northeasterly side of Main Bayview Road, and; RUNNING THENCE North 39 degrees 00 minutes East along lands now or formerly of Ohlman 162.32 feet to a monument; THENCE still along lands now or formerly of Ohlman North 50 degrees 39 minutes 50 seconds West, 76.96 feet; THENCE North 70 degrees 49 minutes 40 seconds East along lands now or formerly ofB. Stahl 143.86 feet and North 39 degrees 00 minutes East still along said lands ofB. Stahl, and later along lands now or formerly ofRukowski 338.37 feet to an iron pipe and lands now or formerly of O'Neill; THENCE South 51 degrees 00 minutes East along said land of O'Neill 210.00 feet; THENCE North 70 degrees 49 minutes 40 seconds East, 30 feet more or less to the normal high water mark of Goose Creek; THENCE southeasterly and southwesterly along the normal high water mark of Goose Creek as it winds and turns the following nine (9) courses and distances: 1. South 02 degrees 33 minutes 32 seconds West, 55.03 feet; 2. South 69 degrees 18 minutes 58 seconds East, 58.10 feet; 3. North 83 degrees 6 minutes 51 seconds East, 58.15 feet; 4. North 72 degrees 54 minutes 31 seconds East, 60.29 feet; 5. South 50 degrees 6 minutes 57 seconds East, 32.82 feet; 6. South 36 degrees 41 minutes 36 seconds West, 121.62 feet; 7. South 15 degrees 34 minutes 36 seconds East, 67.77 feet; 8. South 25 degrees 31 minutes 54 seconds West, 16.86 feet; and 9. South 31 degrees 13 minutes 36 seconds East, 21.97 feet; THENCE South 42 degrees 53 minutes West along lands now or formerly ofGratten 351.17 feet to , . . " . . . , lands now or formerly of Green; THENCE along said lands now or formerly of Green, I. North 51 degrees 00 minutes West, 56.00 feet; and 2. South 40 degrees 44 minutes 00 seconds West, 166.14 feet to the northeasterly side of Main Bayview Road; THENCE North 51 degrees 00 minutes West along the northeasterly side of Main Bayview Road 420.65 feet to the monument, the point or place ofBEGlNNING. and its successors and assigns, and upon all persons entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS THEREOF, the Declarant has caused this instrument to be executed the day and year frrst above written. .~ f Mark Baxter ---.) < STATE OF NEW YORK COUNTY OF SUFFOLK ) ) ss: . ~ On the N day of November in the year 2005 before me, The undersigned personally appeared Mark Baxter and Jacqueline Baxter Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signature(s) on the instrument the individual(s), or the person upon behalf of which individual(s) acted, executed the instrument. (G ffice of individual taking acknowledgment BONNIE J. DOROSIII Notary Public, StIli Of New"" No. 01006095328, SulfoIkC9\Jntr Tem ExpillS July 7, 20..a...+- I I and its successors and assigns, and upon all persons entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS THEREOF, the Declarant has caused this instrument to be executed the day and year first above written. .~ ~ , Mark Baxter r STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: COUNTY CLERK'S OFFICE STATE OF NEW YORK 8S.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Acting Clerk of the County of Suffolk and the Court of Record thereof, ~erebY ce ify that I have compared the . .[ th .. I "'- RECORDED m my annexed W1t e ongma.... . .................................. J / office ....!. .(r.I9..fq............ ..... and, that the same 1S a true ~ I.) 'I3Prr I.}.-') copy thereof, and ofthe whole of such original. In Testimony Whereof, I have hereunto set mr hand and affixed the seal of said County and Court this .............../. .!.l../.!?.."'-.......... ~ll.l2M"h. ACTING CLERK BONNIEJ. DOROSlII Notary Public. SIIlII 01 Ntw1Ht No. 01006095328, SuffoIk~C9.\Intr Term Expjl8lJulJ 7. 20..a...j.. Signature anMffice of individual taking acknowledgment