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DECLARATION OF COVENANTS AND RESTRICTIONS
1990, by
DECLARATION made this t;",-I day of :JN1'<1.1 (I-- '
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JOHN~EEBE, residing at 1750 Beebe Drive,
cutchoque, New York, hereinafter referred to as the
"Declarant";
WHEREAS, the Declarant is the owner in fee simple
of a certain parcel of land situate at cutchoque, Town of
southold, County of Suffolk and state of New York, and
designated on the Suffolk County Tax Map as District 1000,
Section 103, Block 3, Lot 5, being the premises described in
deed reco~ded in the Suffolk County Clerk's Office on Auqust
30, 1948 in Liber 2867 at Page 556, and deed recorded in the
Suffolk County Clerk's Office on May 27, 1960 in Liber 4816
at Page 559, a metes and bounds description of which is
shown on schedule A attached hereto and made a part hereof,
hereinafter referred to as the "premises".
WHEREAS, the Declarant intends to subdivide said
premises for residential purposes and desires to subject
said premises to certain conditions, covenants and
restrictions in order to preserve the'maximum open space,
natural scenic beauty and natural vegetation and to prevent
overcrowding and to conserve the ground water resources of
the Town of Southold, and
WHEREAS, the Declarant has applied to the Planning
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Board of the Town of Scuthold for approval of the
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subdivision of the premises as a Minor Subdivision, to
contain not more than two (2) lots or parcels,
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 or 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. No lot line shall be changed in any manner at any
future date unless authorized by the Southold Town Planning
Board.
2. No lot or plot as shown and designated on the Minor
Subdivision map approved by and filed with the Southold Town
Planning Board shall be further subdivided. .
3. No new residential or sanitary disposal facility
shall be constructed or otherwise located within one hundred
(100) feet or the shoreline of Euqene's Creek.
4. No stormwater runoff resulting from development and
improvement of the Subdivision or either of its lots shall
be discharged into the adjoining body of water nor the tidal
wetlands adjacent thereto.
5. These covenants and restrictions can be modified
only at the request of the then owner of the premises with
the approval of a majority plus one of the--Tow--Board or the
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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 shall not be required.
6. 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, h~s heirs, successors and assigns: any owner of
any portion of the aforementioned premises, their heirs,
successors and assigns, and the Town of Southold, and its
successors and assigns, and the failure of any of the fore-
going to enforce any of such covenants, conditions and
restrictions shall in no event be deemed a waiver of the
right to do so thereafter.
IN WITNESS WHEREOF, the Declarant has hereby
executed thi~ Declaration ot Covenants and Restrictions the
day and year first above written.
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JO EEBE
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STATE OF NEW YORK)
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COUNTY OF SUFFOLK)
On the 23v,1 day of JdJ:u@;.,(I- , 1990, before
me personally came JOHN BEEBE, to me kiown to be the
individual described in and who executed the foregoing
instrument, and acknowledged that he executed the same.
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NOTARY PU~C .
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; DESCRIP'l'ION:
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ALL that certain plot, piece or parcel of land, situate,
lying and being at Peconic, Town of Southold, County of Suffolk
, and State of New York being bound and described as follows:
'BEGINNING at a point on the westerly side of Beebe Drive
distant 839.37 feet as measured southerly along same from the
corner formed by the intersection of the westerly side of Beebe
" Drive with the southerly side of Antler Lane;
:~ RUNNING T~ENCE along the westerly side of Beebe Drive the
il fOllOWing two (2) courses and distances:
:i (1) South 57 degrees 30 IIli.nutes 00 seconds East 3l.4l
ii feet. and
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" (2) South 17 degrees 09 minutes 30 seconds East 232.71
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" feet;
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RUNNING THENCE South 77 degrees
,. 320.41 feet to the easterly ordinary
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Creek;
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36 minutes 50 seconds West
high water mark of Eugene's
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RUNNING THENCE along the ordinary high water mark of
Eugene's Creek on a tie line course of North 43 degrees 24
I 50 seconds west 290.52 feet;
:/ RUNNING THENCE North 76 degrees 43 minutes 40 seconds
;i east 309.30 feet;
il RUNNING THENCE 77 degrees 27 minutes 40 seconds east 119.27
feet to the westerly side of Beebe Drive at the point or place
I of BEGINNING.
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