HomeMy WebLinkAbout1000-141.-2-21.2
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11578PC381
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DECLARATION OF COVENANTS AND RESTRICTIONS ., "'"
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THIS DECLARATION made this I day of September, 1992, by Robert'D. ~r~ff~rl,'-JlJgXh~
Hamilton residing at 200 Smith Drive South, Southold, New York, 11971 herein
referred to as the DECLARANT, as the owner of the PREMISES described in
Schedule "A"annexed hereto (herein referred to as the PREMISES) desires to
subdivide said premises. The Southold Town Planning Board has agreed to allow and to
grant the subdivision of the premises provided that the following covenants and
restriction are imposed. Declarant agrees to the imposition of the covenants and
restrictions imposed by the said planning board and in consideration of said approval
hereby agrees to restrict the use and enjoyment of said PREMISES and has for such
purposes imposes and hereby declares that said PREMISES shall be held and shall be
conveyed subject to the following covenants and restrictions:
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1. There shall not be any vehicular ingress or egress on Middle Road C.R. 48 for
Lot #1.
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O(f&Q 3. Clearing and grading within Lots and 1 and 3 shall be limited to that necessary
~ for sitting and constructing a house with the intent of preserving as much as the natural
(1)1. vegetation on the site as possible to minimize storm water nm-off and erosion.
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2. All storm water run-off resulting from the development and improvement of this
sub-division or any of its lots shall be retained on the site by adequate drainage
structure so that it will not flow out into the right of way of Middle Road C.R. 48 or
into Mattituck Creek.
4. Lot #1 shall not have access on to Kenny's Road 48. Access for this Lot shall be
from Westphalia Avenue only.
All buildings on Lot #2 must be affiliated with the Church.
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There should be no further sub-division of any lot in perpetuity.
These covenants and restriction ,c~ g,e ..mad~ecl h9Jlly...at. the.
request of the then owner of t ~rs~'~~-i"1';PP?:v~l:':,1>fi'~'
a maj ori ty plus one of the Pla j\,nfl ,li\Dftrd'lPnb th/Tii. ywn"cot sou,!h-o~d
after a pUblic hearing. Adjoin1~~ p~o~~~~~ own~t~ shall be en-.
titled to notice of such public hearing but the!1.\fliconsent) to) ,: r
such modification shall not be ~~Ui~;~ LnJ! '--. I V __,e", IU
~ l SOUTfIOLD mV.'N
PLANNING BOARD
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11578PG382
STATE OF NEW YORK)
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COUNTY OF SUFFOLK)
On the n day of September 1992, before me personally came Robert D. Hamilton,
to me known to be the individual described in and who executed the foregoing
instrument and acknowleged that he executed same.
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State of New York
R' HlOLPH H. BRUER
Not?"\' ;:1!)rJhC, State of NewYorfc.
No,'-" -i.i~J h'J530. Suffolk County
CO!!" ...' ",'Ires March 30. 19'''''
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Rid"'( <~ may be used with Standard NYBTU For( >41, rev. 11/78
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11578PG383
SCHEDULE ^
(Description o( Premises)
All th:Jt certain plOl, pi~ce or parcel of land, with the buildings and improvements thereon erected, s.ituatc,
lying and being in the
, at Mattituck, Town of Southold, county of
Suffolk and State of ~ew York, more particularly bounded and
described as follows:
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BEGINNING at a point on the curved northerly line of
Middle Road (C.R.27) 306.31+ feet westerly along said
northerly line from the westerly line of Westphalia Avenue,
said point of beginning being the southwesterly corner of
other lands of Hamilton (known as Lot No. 1 on proposed
Subdivison of Map of Robert D. Hamilton presently being
submitted to the Southold Town Planning Board for its review
and permission to divide), from said point of beginning;
RUNNING THENCE westerly along the northerly line of
Middle Road on a curve to the right having a radius of 1799.86
feet a distance of 294.+ feet to a monument;
THENCE along said northerly line, South 34 degrees 48
minutes 43 seconds West, 66.57 feet to lands now or formerly
of Swanson;
THENCE still along said land, North 67 degrees 36 minutes:
00 seconds West along said land of Swanson, 161.41+ feet to a
point;
RUNNING THENCE northerly along other lands of Hamilton
71.+ feet to a point;
RUNNING THENCE northeasterly along the said other lands
of Hamilton 103.+ feet to a point and lands now or formerly of
Byrnes;
RUNNING THENCE along lands of Byrnes South 67 degrees 39
minutes 30 seconds East, 22.5+ feet to a monument;
RUNNING THENCE along said lands North 22 degrees 20
minutes 30 seconds East 159.78 feet to a monument and land now
or formerly of Morris;
RUNNING THENCE along said land of Morris, South 67
degrees 39 minutes 30 seconds East, 54.67 feet to a monument;
THENCE along through other land of Hamilton, South 67
degrees 39 minutes 30 seconds East, 192.+ to the point or
place of BEGINNING.
Being and intended' to be 'lot number 2 on the proposed
Subdivision Map of R6bert D: Hamilton presently being
submitted to the Southold Town Planning Board for its review
and permission to divide, a copy of which is attached hereto
and made a part hereof.