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HomeMy WebLinkAbout1000-79.-4-17.17 . . DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Zoumas Contracting Corp. this 27th day of February, 2004, a domestic corporation with offices located at (no#) Route 25A, P.O. Box 361, wading River, New York 11792 hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "AU 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. 2a. As a condition of approval by the DEPARTMENT of the subdivision or development application, the DECLARANT covenants that there shall be no conveyance of any plot unless public water is extended thereto in accordance with the approved plans on file with the DEPARTMENT. This shall not prevent a conveyance of the entire subdivision subject to this covenant. 2b. The DECLARANT, its successors, and/or assigns, covenant that the areas delineated and designated as open space on the subj ect parcel described in Schedule "AU annexed hereto, shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and shall be kept in its natural state, in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open character of the premises. This paragraph does not preclude the use of the open space area for passive recreational purposes. 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 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, New York State, or of any political party, with the purpose or intent of security favorable treatment with respect to the performance of an agreement, and that such person has read and a iliar with the provisions of Local Law #32-19. O. Zo s Contra oumas, r . . ACKNOWLEDGMENT STATE OF NEW YORK :ss. : COUNTY OF SUFFOLK On the Jl~ day of February in the year 2004 before me, the undersigned, personally appeared John Zoumas personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. 7 Jc~ T/7&1cLoal.-. Notary Public MEUSSA McGOWAN Notary Public, State of New Vorlc No. 4995913 Ouklified In Suffolk County ". Comml&sion Expires May 4, ~ . . SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT - Zoumas Contracting Corp. H.S. REF. NO. or NAME OF SUBDIVISION - S10-03-0014 (PROPERTY DESCRIPTION) SEE A'ITACBl!D )i ----- ~,~'- ....."""r ..Y '.: .b- 1...., ---- ......"."...".."'..,...,..........,..~>-"""~....""'-......_.;.,..., '-""t>.., ....."'i."I..,." ~jj,<....."". 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TITLE NUMSER: PAC.3549 AMENDED 312312004 SCHEDULE "AN DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the north side of North Bayview Road, where the same is intersected by the east side of North Bayview Road; from said point of beginning RIMing along the east side of North Bayview Road, North 02 degrees 39 minutes 20 seconds East 122.11 feel to Map of Bayview Woods Estates: RUNNING THENCE along the easterly side of Map of Bayview Wood Estates (filed Map Number 5520) the following three (3) courses Bnd distances: 1) North 26 degrees 50 minutes 50 seconds East, 285.63 feet; 2) North XI degrees 15 minutes 10 seconds Eas~ 1308.15 feet; 3) North 26 degrees 26 minutes 00 seconds East, 475.00 feet to the southerly side of Anchor Lane; THENCE South 67 degrees 11 minutes 25 seconds Ea&t 256.63 feet; THENCE North 27 degrees 34 minutes 20 seconds East 18.47 feet; THENCE South 64 degrees 05 minutes 10 seconds East along the southerly side of Anchor Lane 175.20 feet to a point: THENCE along the weliterly, liOutherly and easterly side of subdivision Harbor Lights Estates, Section Four (filed Map Number n03) and Harbor Lights Section I, filed Map 4362, the following eight (8) courses and distances: 1) South 25 degrees 54 minutes 50 seconds West, 129.60 feet; 2) South 25 degrees 50 minutes 30 &eCOnds West 90.40 feet; 3) South 30 degrees 48 minutes 30 seconds West, 763.46 feet; 4) South 27 degrees 25 minutes 20 seconds West, 133.91 feet; 5) South 57 degrees 33 minutes 30 seconds East, 384.55 feet; 6) North 26 degrees 24 minutes 00 seconds East, 337.46 feet: . I . 7} North 47 degrees 08 minutes 30 seconds East, 302.85 feet; 8) North 37 degrees 25 minutes 40 seconds East 120.94 feet to land now or formerly of Bertos; THENCE along last mentioned land the following three (3) courses and distances: 1) South 64 degrees 05 minutes 10 seconds East, 215.00 feet; 2) North 25 degrees 54 minutes 50 seeonds East, 100.00 feet; 3) North 64 degrees 05 minutes 10 seconds West, 215.00 feet to Map of Harbor Lights Section Thirteen Map #4362; THENCE along last mentioned land, the following two (2) courses and distances: 1) North 25 degrees 54 minutes 50 seconds East, 100.00 feet; 2) South 64 degrees 05 minutes 10 seconds East, 446.00 feet to Map of Harbor Lights Section Three, Map #5147; THENCE the following five (5) courses and distances along the westerly and southerly sides of the subdivision Harbor Lights Estates Sectlon Three; 1) South 26 degrees 15 minutes 40 seconds West, 582.27 feet; 2) South 45 degrees 58 minutes 20 seconds West, 208.62 feet; 3) South 32 degrees 21 minutes 30 seconds West, 34U9 feet; 4) South 17 degrees 01 minute 50 seconds West, SOD.OO feet; 5) South 13 degrees 05 minutes 20 seconds East, 10.00 feet to land now or formerly of Schroeder; THENCE along said land, South 17 degrees 01 minute 50 seconds West, 170.32 feet to the north side of North Bayview Road: THENCE along the north side of North Bayview Road, the following three (3) courses and distances: 1) North 13 degrees 05 minutes 20 seconds West, 975.14 feet; 2) North 72 degrees 56 minutes 00 seconds West, 180.22 feet; 3) North 13 degrees 51 minutes 20 seconds West, 240.67 feet to the point or place of BEGINNING. f ~)! 2-6s. => "cf6 . ~, '" . EXCEPTING from the above-described premises the recharge basin as shown on Map of Harbor Ughts Estate, Sedion ., Map No. 7703 and Lot No.6 as shown on the Map of Harbor Lights Estates, SectIon 4, Map No. n03 and to the extent title may not be In the grantor to that lot property identified on the Suffolk County Tax Map as 1000-079.00.04.IlO-017.014 being a parcel 100 feet x 215 feel ._____... H~ .-"""~ - 'J!I-......" "".... , ~'\ '~ ,c '\. '- '''":. -~, ..of>>""':':"'''''" .Jf;r'.....- ,/ / r ',---- ~r.~~.. ....."\o.l\i .......... . ~'\j,~~ .....:'JJ,~...:""" "'~J..;~ '", ."'... "'"<,, ~., 'I. \ ~. .. w...r..~....-.....];.}:....,,~ ,.....~..-""',_"_~........_J....,.,............~;~~~.....__.,,_~,.~~_ ,'~" ,/ ...,. .<' I . ,'~- ,,~.... . .. 'W' ._.~. ~ .~.~;. ". .~.~ '. -,C"l. . . . of' I '. SCHEDULE B CONSENT OF MORTGAGEE/LIENOR DECLARANT - ZOUMAS CONTRACTING CORP. . H.S. REF. NO. or NAME OF SUBDIVISION - S10-03-0014 ..._"" ~- """",,~ /.r"' ;/ ~'-F~_ NONE //"/ 1/ l ,/ t ,/ ,'" / - ',1 WI ~- - '"", ~ ,".;;.fO,:~ - .\"~'1!Ii~J1.'-", '~.. "....,~ ' ".~;~.. .,:'\.~~....., ~~"'" :} . ..,.,~ "~~"___,;<,,,,,_.,,"'"'~$""'.'''t''~'''''-'''''''''<''''"'''''~''-'-~_ .-"....:.. ,p \.. ~.....:..."..,:.",.::~ --'" .,r"" .".~~..... .. -,,,-;'" .. ...f..............-..~~.......-.... ---.......,....._...;"-"-'I...N..._"..,.l>o"..,...~~.,."'., , -.-."'~..'L_.. ~ ..,:~-..._\.f: . . SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Zoumas Contracting Corp. doing business at Route 2SA, Wading River, New York this ~/~~ day of June. 2004, hereinafter referred to as the DECLARANT, as the owner of 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 declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: I. DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES. 2. This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements. The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construction activity that disturbs one or more acres. The Storm-water Pollution Control Plan requires erosion control planning, site management and sediment control by all landowners. This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02- 01), Albany, New York. 3. As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants that a 50 foot Natural & Undisturbed Vegetative Retention Buffer runs along lot 1, lot 2, and lot 5 which is depicted on the subdivision plat. It is hereby understood that the Natural & Undisturbed Vegetative Retention Buffer is intended to preserve the existing trees and natural growth and provide a natural habitat. No Clearing is permitted in the Natural & Undisturbed Vegetation Buffer, except ordinary and proper maintenance and removal of diseased, decayed or dead vegetation, and obnoxious plant, provided that the area in which maintenance activity is conducted will be re-vegetated in accordance with an approved plan by the Southold Town 'I . . Planning Board with species native to the State of New York. Notwithstanding the above, the Natural & Undisturbed vegetative Retention Buffer may be supplemented with additional native vegetation. 4. As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that on lots 1 through 5 clearing shall be limited to a total of one acre. The location of the clearing shall be at the discretion of the owner as long as the aggregate land area cleared does not exceed one acre. The limitation on clearing shall not prohibit the proper landscaping and maintenance of the vegetation, including but not limited to removal of diseased, decayed or dead vegetation and obnoxious plant species. Specifically permitted throughout the entire property is the planting of additional native plants, or replacing trees and other vegetation with comparable native species. 5. Lot 7 identified as Open Space on the subdivision map contains 37.7066 acres purchased by the Town of Southold and an additional 1.34 acres which has been clustered from an "out parcel" owned by Reese. 6. The declarant hereby reserves a 30' drainage easement between Lot 4 and Lot 5 more particularly described in Schedule "B" annexed hereto. The drainage easement contains dry wells and subsurface structures. Upon the dedication of the road, said 30' drainage easement is granted to the Town of Southold for access over and under said easement area for the continued use and maintenance of subsurface structures. 7. 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. 8. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to 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. . . 9. 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 PLANNING BOARD. 10. 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 be held to 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. Z<;):llj)a s 1/ Corp. / ~ nt . . STATE OF NEW YORK C0UNTY OF SUFFOLK I EDWARD P. ROMAINE. CLERK OF THE 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 COPY70F . DEED UBER 1-1. ~ ;;L - ~ Al' PAGE 0 "3~ RECORDED ._ - ~ - 0 <f AND THAT IT IS A JUST AND TRUE COpy OF S CH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. SS: IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS & DAYOF ~ &d-<<Jlf ilm . ~I: ~I"t.- CLERK 12-G161112197qj . . ST ATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the .21~ldaY of June, 2004, before me, the undersigned, a notary public in and for said State, personally appeared John Zoumas personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Jill i ,.J J a Notary Public I .(, (I IIJ./Ju.. !ll- MELISSA McGOWAN Notary Public, State of New York No. 4995913 aw.Jified In Suffolk County .. Commllsion Expirel MeV 4. ~ , . . TITLE NUMBER: PAC-3549 AMENDED 3/23/2004 SCHEDULE "A" DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the north side of North Bayview Road, where the same is intersected by the east side of North Bayview Road; from said point of beginning running along the east side of North Bayview Road, North 02 degrees 39 minutes 20 seconds East 122.11 feet to Map of Bayview Woods Estates; RUNNING THENCE along the easterly side of Map of Bayview Wood Estates (filed Map Number 5520) the following three (3) courses and distances: 1) North 26 degrees 50 minutes' 50 seconds East, 285.63 feet; 2) North 27 degrees 15 minutes 10 seconds East, 1308.15 feet; 3) North 26 degrees 26 minutes 00 seconds East, 475.00 feet to the southerly side of Anchor Lane; THENCE South 67 degrees 11 minutes 25 seconds East 256.63 feet; THENCE North 27 degrees 34 minutes 20 seconds East 18.47 feet; THENCE South 64 degrees 05 minutes 10 seconds East along the southerly side of Anchor Lane 175.20 feet to a point; THENCE along the westerly, southerly and easterly side of subdivision Harbor Lights Estates, Section Four (filed Map Number 7703) and Harbor Lights Section I, filed Map 4362, the following eight (8) courses and distances: 1) South 25 degrees 54 minutes 50 seconds West, 129.60 feet; 2) South 25 degrees 50 minutes 30 seconds West 90.40 feet; 3) South 30 degrees 48 minutes 30 seconds West, 763.46 feet; 4) South 27 degrees 25 minutes 20 seconds West, 133.91 feet; 5) South 57 degrees 33 minutes 30 seconds East, 384.55 feet; 6) North 26 degrees 24 minutes 00 seconds East, 337.46 feet; . . 7) North 47 degrees 08 minutes 30 seconds East, 302.85 feet; 8) North 37 degrees 25 minutes 40 seconds East 120.94 feet to land now or formerly of Bertos; THENCE along last mentioned land the following three (3) courses and distances: 1) South 64 degrees 05 minutes 10 seconds East, 215.00 feet; 2) North 25 degrees 54 minutes 50 seconds East, 100.00 feet; 3) North 64 degrees 05 minutes 10 seconds West, 215.00 feet to Map of Harbor Lights Section Thirteen Map #4362; THENCE along last mentioned land, the following two (2) courses and distances: 1) North 25 degrees 54 minutes 50 seconds East, 100.00 feet; 2) South 64 degrees 05 minutes 10 seconds East, 446.00 feet to Map of Harbor Lights Section Three, Map #5147; THENCE the following five (5) courses and distances along the westerly and southerly sides of the subdivision Harbor Lights Estates Section Three; 1) South 26 degrees 15 minutes 40 seconds West, 582.27 feet; 2) South 45 degrees 58 minutes 20 seconds West, 208.62 feet; 3) South 32 degrees 21 minutes 30 seconds West, 344.39 feet; 4) South 17 degrees 01 minute 50 seconds West, 500.00 feet; 5) South 73 degrees 05 minutes 20 seconds East, 70.00 feet to land now or f~rmerly of Schroeder; THENCE along said land, South 17 degrees 01 minute 50 seconds West, 170.32 feet to the north side of North Bayview Road; THENCE along the north side of North Bayview Road, the following three (3) courses and distances: 1) North 73 degrees 05 minutes 20 seconds West, 975.14 feet; 2) North 72 degrees 56 minutes 00 seconds West, 180.22 feet; 3) North 73 degrees 51 minutes 20 seconds West, 240.67 feet to the point or place of BEGINNING. . . EXCEPTING from the above-described premises the recharge basin as shown on Map of Harbor Lights Estate, Section 4, Map No. 7703 and Lot No.6 as shown on the Map of Harbor Lights Estates, Section 4, Map No. 7703 and to the extent title may not be in the grantor to that lot property identified on the Suffolk County Tax Map as 1000-079.00-04.00-017.014 being a parcel 100 feet x 215 feet. -, . . . TITLE NUMBER: PAC.3549 SCHEDULE "B" DESCRIPTION 30' WIDE DRAINAGE EASEMENT 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, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of North Bayview Road where same is intersected by the westerly side of Road 'A'; THENCE the following (4) courses and distances: 1) Along an arc of a curve bearing to the left having a radius of 25.00 feet, a distance along said curve of 39.27 feet; 2) North 16 degrees 54 minutes 40 seconds East, 158.84 feet; 3) Along an arc of a curve bearing to the left having a radius of 25.00 feet, a distance along said curve of 27.47 feet; 4) Along an arc of a curve bearing to the right having a radius of 85.00 feet, a distance along said curve of 56.67 feet to the true point or place of beginning; THENCE North 87 degrees 41 minutes 29 seconds West, 298.36 feet; THENCE North 12 degrees 43 minutes 46 seconds East, 30.50 feet; THENCE South 87 degrees 41 minutes 29 seconds East, 298.36 feet to the westerly side of Road 'A' cul-de-sac; THENCE along the westerly side of Road 'A' cul-de-sac along an arc of a curve bearing to the left having a radius of 85.00 feet, a distance along said curve of 30.16 feet to the true point or place of BEGINNING.