HomeMy WebLinkAbout1000-112.-1-8 (2)
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11061PC392
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DECLARATION OF COVENANTS
AND RES'l'RICTIONS
THIS INDENTURE made this ~O day of
jB[I,~.\Il}0~ 1990 by
82 Street, New York,
CHARLES P. SIMMONS residing at 221 West
New York, hereinafter called the Declarant.
;'~~O WHEREAS, the Declarant is the owner in fee simple of a certain
;'o7/)~ fla':cel of land situate. at Mattituck, Town of Southold, SuffoJ.k County,
o loG> H~ri "Y:ot:"k, and detJigndt~d On ::li,~ ':;uf:.:~,.i_i~ Cvu~1tl ':..'.:.~ r'~':'i? ~:: c:..~::.:i.::.t
I/o 1000, Section 112, Block 1, Lots 8.2, 8.3, 8.4, 8'.5 and 8.6 containing
~O)~(approximatelY 57.6 acres, being the same ~remises acquired by the
, ":2)...... Declarant by deed and recorded in the Suffo' k County Clerk's office
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I ~. ~ . on February 9, 1988 in Liber 10537 of d~ll~$. at- pages L 5, 9, 13
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I - and 16, j and referred to herein as t.1e ",)cemises" and
'I4AY 4 \990 ~IHEREAS, the Declarant intends to subdivide said premises for
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reside..tial flurposes and desires to subject said premises to certain
conditions, covenants and restrictions in order co preserve the
m.aximlim-open space, natural scenic beauty and natural vegetation
and to prevent oveicruwding and to conserve the ground water resources
of the Town of Southold. and
WHEREAS, the Declarant has applied to the Planning Board of the
Town of Southold for approval of the subdivision and development of
the p~emises as a Minor Subdivision, to contain not more than four (4)
lots or parcels,
NOW THEREFORE, the Declarant does hereby declare that tne
'j aforesaid premises and every portion thereof is hereby held and shall
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T' be conveyed subject to the conditions. covenants and restrictions
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IIJ hereinafter set forth, and that every purchaser of said ~remises
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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 South old 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
:~Ct:0~ 0f ~h~ =f~c~~~nt:o~~d ?=2~:~C~,
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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.
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A061PC394
These Covenants and Restrictions can be modified only at the
of the then owner of the premises with the approval of a majority
of the Town Board or Planning Board of the Town of Southold after
notice of such public hearing but their consent to such modification
hearing. Adjoining property owners shall be entitled to
shall not be required.
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11061PG395
DESCRIPTION OF PREMISES
All that ce~tain plot, piece o~ pa~cel of land situate lying and
being at Mattituck, in the Town of Southold, County of Suffolk and State
of New Yo~k, bounded and desc~ibed as follows:
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BEGINNING at a point which is located on the no~the~ly side of
Sound Avenue, which said point of beginning is the southweste~ly co~ne~
of the p~emises desc~ibed he~ein.
F~om said point of beginning thence No~th 89 deg~ees 53 minutes 00
seconds West along the no~the~ly side of Sound Avenue 426.85 feet to a
point; thence the following th~ee (3) cou~ses and distances along
p~ope~ty now o~ fo~me~ly of Reeve:
(1)
(2 )
( 3)
No~ th
No~ th
No~ th
19 deg~ees 41 minutes 00 seconds West
24 deg~ees 31 minutes 10 seconds West
31 deg~ees 37 minutes 40 seconds West
822.11
476.61
7.56
feet;
feet;
feet;
THENCE th~ough the p~emises th~ee cou~ses and distances as follows:
(1 ) No~ th 59 deg~ees 31 minutes 00 seconds East 216.70 feet;
(2 ) No~th 22 deg~ees 19 minutes 20 seconds West 368.62;
( 3 ) South 71 deg~ees 33 minutes 50 seconds West 283.77 feet to said
land of Ree ve; Running thence along land last mentioned six (6) cou~ses
and distances as follows:
(1 ) No~th 31 deg~ees 37 minutes 40 seconds West 70.16 feet;
(2 ) No~th 28 deg~ees 08 minutes 10 seconds West 375.40 fee t ;:
(3) No~th 18 degrees 25 minutes 50 seconds West 287.22 feet;
(4) Nor th 9 degrees 01 minutes 00 seconds West 175.77 feet;
( 5) No~ th 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 deg~ees 12 minutes 00 seconds
East 604.68 feet to land of Ko~oleski 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;
( 5) South 21 degrees 36 min utes 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
northerlynside of Sound Avenue and the point or place of beginning.
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11061PC396
has been executed the
IN WITNESS WHEREOF. .this indenture
day and year first above written.
/(4d1 It ( ~:tA vH v~"
CHARLES P. S MMONS
1
STATE OF NEW YORK
County of Suffolk
I, EDWARD P. ROMAINE, Clerk ofthe County of Suffolk and Clerk of the Supreme Court ofthe State
of New York in and for said County (said C~rt being a CO~Of Record) DO HEREBY CERTIFY that
I have compared the annexed copy of kJ,pe.U~ .
j? ..tAf.tr.d...tL 0-0 ~.4. Y I?? () @..- / ~ : 0 I r:.... ..... K"~, 1/ 0 t. I
and that it is a just and true copy of such original /U-"Ct" .(,/ and
of the whole thereof.
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IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seal of said County
and Court this '/ day of /'lLAy 19 l~ jJ -5 .
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...............................................................
Clerk.
Form No.1 04
12.109..121a9Cs
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