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COVENANT NOT TO SUBDIVIDE
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WHEREAS, AMELIA MENDOZA ~hereinafter referred to as the "Owner") is the owner
of certain real property lying, situate, and being in the Hamlet of Orient, Town of Southold,
County of Suffolk, and State of New Yark, more particularly bounded and described as follows
(hereinafter referred to as the "Propeliy"):
All that certain piece or parcel of land with improvements thereon, situate, lying and being at
Orient Point, Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at the northeast corner of North Sea Drive where the same is intersected by the
westerly line of the land now or formerly of Amelia Mendoza;
THENCE along the westerly line of the land now or formerly of Amelia Mendoza, North 06
degrees 47 minutes 05 seconds West, 251.42 feet to a point and the high water mark of Long
Island Sound;
THENCE along the high water mark of Long Island sound the following five (5) courses and
distances:
(1) North 65 degrees 52 minutes 55 seconds East, 172.46 feet to a point;
(2) North 70 degrees 39 minutes 42 seconds East, 105.12 feet to a point;
(3) North 75 degrees II minutes 54 seconds East, 99.04 feet to a point;
(4) North 64 degrees 51 minutes 39 seconds East, 58.34 feet to a point;
(5) North 76 degrees 44 minutes 44 seconds East, 75.04 feet to a point and the land now
or formerly of Martin J. Bancroft, Jr.;
THENCE along said land the following two (2) courses and distances:
(I) South 02 degrees 05 minutes 25 seconds East, 276.31 feet to a concrete monument;
(2) North 87 degrees 54 minutes 34 seconds East, 100.00 feet to a concrete monument
and the land now or formerly of Marion D. Fitzsimmons;
THENCE along said land, South 02 degrees 05 minutes 25 seconds East, 360.00 to a point;
THENCE South 85 degrees 35 minutes 16 seconds West, 543.29 feet to a point and the Map of
Green Acres at Orient;
THENCE along said map, North 06 degrees 47 minutes 05 seconds West, 253.58 feet to the
point and place of BEGINNING; and
, .
WHEREAS, the Property is the subject of a pending application before the Planning
Board of the Town of South old; and
WHEREAS, the Owner has offered not to further subdivide the property as a condition
of the action.
,
NOW, THEREFORE, the Owner docs hereby covenant for herself, her heirs, successors,
and assigns to run with the land, that the Property will not be further subdivided.
~~~fiftl~
AMELIA M NDO A '2:s
STATE OF NEW YORK)
STATE OF NEW YORK
COUNTY 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 CERTIf't: JI-:lAT I HAVE COM PAFj,E 0. THE ANNEXED COPY OF; ,/
DEED UBER 1~1J.!?.ffz AT PAGE ,:rI'L RECORDED / IS) 0."1
AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE
THEREO~ .
SS:
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID
\ COUNTY AND COURT THIS /'i,'fI/ DAY OF f/1"X//o"':j ~ ~co-;:; ~ .
~I: ~I"t.~
CLERK
12016912J1l7cg
My Comm. Expires January 20, 2008
2
SCHEDULE A
ALL that certain piece or parcel of land with the buildings and improvements thereon erected,
situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point along the northerly side of Main Road (S.R. 25), said point being the
following two (2) courses and distances from the intersection of the easterly side of Greenway
East and the northerly side of Main Road (S.R. 25):
(I) North 68 degrees 58 minutes 08 seconds East, 251.52 feet;
(2) North 63 degrees 32 minutes 28 seconds East, 199.13 feet to a pipe and the true point and
place of beginning;
THENCE along land now or formerly of Carlton Terry Latham the following two (2) courses
and distances:
(I) North 02 degrees 05 minutes 25 seconds West, 337.42 feet to a point;
(2) . South 83 degrees 12 minutes 55 seconds East, 308.56 feet to a point and the Map of
Green Acres at Orient;
THENCE along said map, North 06 degrees 47 minutes 05 seconds West, 2,268.16 feet to the
high water mark of Long Island Sound;
THENCE along the high water mark of Long Island Sound the following five (5) courses and
distances:
(I) North 65 degrees 52 minutes 55 seconds East, 172.46 feet to a point;
(2) North 70 degrees 39 minutes 42 seconds East, 105.12 feet to a point;
(3) North 75 degrees II minutes 54 seconds East, 99.04 feet to a point;
(4) North 64 degrees 51 minutes 39 seconds East, 58.34 feet to a point;
(5) North 76 degrees 44 minutes 44 seconds East, 75.04 feet to a point and land now or
formerly of Martin J. Bancroft, Jr.;
THENCE along said land the following two (2) courses and distances:
(I) South 02 degrees 05 minutes 25 seconds East, 276.31 feet to a concrete monument;
(2) North 87 degrees 54 minutes 34 seconds East, 100.00 feet to a concrete monument and
the land now or formerly of Marion D. Fitzsimmons;
THENCE along said land, South 02 degrees 05 minutes 25 seconds East, 2,410.20 feet to a point
along the northerly side of Main Road (S.R. 25);
THENCE along the northerly side of Main Road (S.R. 25), South 63 degrees 32 minutes 28
seconds West, 99.92 feet to a pipe and the point and place of BEGINNING.
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COJ::L '"\V\; S 13 0 S
J MAINTENANCE AGREEMENT ()
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WHEREAS, Amelia Mendozt is the owner of a certain parcel of real property described
in Schedule "A" annexed hereto ("overall parcel"); and
WHEREAS, a certain lot is being created from said overall parcel described in Schedule
"B" annexed hereto; and
WHEREAS, because the parcel described in Schedule "B" needs access to and from said
property to the Main Road, a right-of-way is hereby established, more particularly described in
Schedule "c" ("right-of-way").
NOW, THEREFORE, it is hereby declared that the following maintenance agreement
shall be established.
The owner of the parcel described in Schedule "B" shall be responsible for seventy-five
(75%) percent of the cost of the maintenance of said right-of-way in a passable condition
sufficient to allow emergency vehicles, delivery vehicles, and private passenger vehicles to pass
to and from said property described in Schedule "B."
The owner of the remaining property shall be responsible for twenty-five (25%) percent
of the cost of the maintenance of said right-of-way in a passable condition sufficient to allow
emergency vehicles, delivery vehicles, and private passenger vehicles to pass to and from said
property described in Schedule "B."
The declarant does hereby covenant that any conveyance of the remaining parcel shall be
made subject to the right-of-way as well as the maintenance agreement contained herein.
~~
AMELIA MEND / 1\
SCHEDULE A
ALL that certain piece or parcel of land with the buildings and improvements thereon erected,
situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point along the northerly side of Main Road (S.R. 25), said point being the
following two (2) courses and distances from the intersection of the easterly side of Greenway
East and the northerly side of Main Road (S.R. 25):
(I) North 68 degrees 58 minutes 08 seconds East, 251.52 feet;
(2) North 63 degrees 32 minutes 28 seconds East, 199.13 feet to a pipe and the true point and
place of beginning;
THENCE along land now or formerly of Carlton Terry Latham the following two (2) courses
and distances:
(I) North 02 degrees 05 minutes 25 seconds West, 337.42 feet to a point;
(2) . South 83 degrees 12 minutes 55 seconds East, 308.56 feet to a point and the Map of
Green Acres at Orient;
THENCE along said map, North 06 degrees 47 minutes 05 seconds West, 2,268.16 feet to the
high water mark of Long Island Sound;
THENCE along the high water mark of Long Island Sound the following five (5) courses and
distances:
(I) North 65 degrees 52 minutes 55 seconds East, 172.46 feet to a point;
(2) North 70 degrees 39 minutes 42 seconds East, 105.12 feet to a point;
(3) North 75 degrees II minutes 54 seconds East, 99.04 feet to a point;
(4) North 64 degrees 51 minutes 39 seconds East, 58.34 feet to a point;
(5) North 76 degrees 44 minutes 44 seconds East, 75.04 feet to a point and land now or
formerly of Martin J. Bancroft, Jr.;
THENCE along said land the following two (2) courses and distances:
(I) South 02 degrees 05 minutes 25 seconds East, 276.31 feet to a concrete monument;
(2) North 87 degrees 54 minutes 34 seconds East, 100.00 feet to a concrete monument and
the land now or fomlerly of Marion D. Fitzsimmons;
THENCE along said land, South 02 degrees 05 minutes 25 seconds East, 2,410.20 feet to a point
along the northerly side of Main Road (S.R. 25);
THENCE along the northerly side of Main Road (S.R. 25), South 63 degrees 32 minutes 28
seconds West, 99.92 feet to a pipe and the point and place of BEGINNING.
3
SCHEDULE B
ALL that certain piece or parcel of land with the buildings and improvements thereon erected,
situate, lying and being at Orient Point, Town of Southold, County of Suffolk and State of New
York, bounded and described as follows:
BEGINNING at the northeast comer of North Sea Drive where the same is intersected by the
westerly line ofland now or formerly of Amelia Mendoza;
THENCE along the westerly line of the land now or formerly of Amelia Mendoza, North 06
degrees 47 minutes 05 seconds West, 251.42 feet to a point and the high water mark of Long
Island Sound;
THENCE along the high water mark of the Long Island Sound the following five (5) courses and
distances:
(I) North 65 degrees 52 minutes 55 seconds East, 172.46 feet to a point;
(2) North 70 degrees 39 minutes 42 seconds East, 105.12 feet to a point;
(3) North 75 degrees II minutes 54 seconds East, 99.04 feet to a point;
(4) North 64 degrees 51 minutes 39 seconds East, 58.34 feet to a point;
(5) North 76 degrees 44 minutes 44 seconds East, 75.04 feet to a point and land now or
formerly of Martin J. Bancroft, Jr.;
THENCE along said land the following two (2) courses and distances:
(I) South 02 degrees 05 minutes 25 seconds East, 276.31 feet to a concrete monument;
(2) North 87 degrees 54 minutes 34 seconds East, 100.00 feet to a concrete monument and
the land now or formerly of Marion D. Fitzsimmons;
THENCE along said land South 02 degrees 05 minutes 25 seconds East, 360.00 feet to a point;
THENCE South 85 degrees 35 minutes 16 seconds West, 543.29 feet to a point and the Map of
Green Acres at Orient;
THENCE along said map, North 06 degrees 47 minutes 05 seconds West, 253.48 feet to the
point and place of BEGINNING.
4
SCHEDULE C
ALL that certain piece or parcel of land with the buildings and improvements thereon erected,
situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point along the northerly side of Main Road (S.R. 25), said point being the
following two (2) courses and distances from the intersection of the easterly side of Greenway
East and the northerly side of Main Road (S.R. 25):
(I) North 68 degrees 58 minutes 08 seconds East, 251.52 feet to a point;
(2) North 63 degrees 32 minutes 28 seconds East, 244.16 feet to a point and the true point
and place of beginning;
THENCE North 02 degrees 05 minutes 25 seconds West, 2,070.82 feet to a point and the
southerly line of Lot 1 of the set off map for Amelia Mendoza;
THENCE along said lot, North 85 degrees 35 minutes 16 seconds East, 50.04 feet to a point andv'
the land now or formerly of Marion D. Fitzsimmons;
THENCE along said land, South 02 degrees 05 minutes 25 seconds East, 2,050.20 to a point
along the northerly side of Main Road (S.R. 25);
THENCE along the northerly side of Main Road (S.R. 25) South 63 degrees 32 minutes 28
seconds West, 54.89 feet to the point and place of BEGINNING.
5
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STATE OF NEW YORK)
NY ))SS.:
COUNTYOF L
On the ~ day of January, in the year 2005, before me, the undersigned, personally
appeared Amelia Mendoza, personally known to be or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same in hislher/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
~y-
Notary Public
KEVIN NG
Notary Public, Slate of New York
NO.01NG6104470
Qualified In New York County
My Comm. Expires January 20.2008
.
. .
ST ATE OF NEW YORK)
Y ) 88.:
COUNTY OF fV )
" .1_ _ i e-?
...l"" ",f T<;!;nll.\1rv
in the year 2005, before me, the under8i~ne~, p~r:on.a_l~
I
STATE OF NEW YORK
1
County of Suffolk
I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk ofthe Supreme Court ofthe State
of New York in and for 8aid County (said Court being a Court of Record) DO HEREBY CERTIFY that
I have compared the annexed copy of I- I:). 3&w f:} 351 {)
and that it is a just and true copy of such ori~inal /l J"li " h>-, -'- and
of the whole thereof. )In'<'-1dut /1/waS ~/..l.(('~?DC
IN TESTIMONY.rY"HEREOF, I have hereunto set my hand and ~ffiyp.d the seal of said County
and Court this /r'J'f{ daYOffJt1'Xt(a7'~S .
...................... .......... ..~.;~... 'CI~;k.
Form NO.1 04 12.'....'2/....
ss.:
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