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HomeMy WebLinkAbout1000-31.-6-28.1 . , 1111111111111111111111 11111 111111111111111 1111111111111 111111111111 11111 11111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 7 Receipt Number : 04-0068974 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 036.00 EXAMINED Following Fees For Block: 06.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $21. 00 $5.00 $0.00 $5.00 $0.00 Handling NYS SRCHG Notation RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 06/17/2004 04:41:46 PM D00012325 724 Lot: 028.001 $5.00 $15.00 $0.00 $30.00 Exempt NO NO NO NO $81.00 Number of pages TORRENS Serial # Certificate # Prior Ctf. # 4 Deed / Mortgage Instrument 5 (~~~ "-- .A Number of pages Serial # Certificate # Prior Ctf. # ~)2 Deed / Mortgage Tax Stamp FEES Real Property Tax Service AgencyVerification Dist. Section Block 1....._'" TORRENS 4 Deed / Mortgage Instrument [!::2 Lot Deed / Mortgage Tax Stamp FEES ,... RECORDED 2004 Jun 17 04:41:46 PM Edwa rd P. Roru.3: i ne CLEEK OF SUFFOLK COUfiT',' L [:'00012325 P 724 Recording / Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax Mansion Tax _ The property covered by Ibis mortgage is or will be improved by a one or two family dwelling only. YES orNO If NO, see appropriate tax clause on page # of Ibis instrument. Community Preservation Fund Consideration Amount $ J RECORDED 2004 Jun 1704:41:46 Pr'1 Edward P.Romaine CLEPK OF SUFFOLK COUHT/ L [)00012325 t"' ,.. ..:~'+ Recording / Filing Stamps DECLARATION OF COVENANTS & RESTRICTIONS THiS DEClARAnON" _ <hi, I'i d,y o,ll", A'004 by Mfu"", Ni""".."", "'" -<reI N;""Ocibdri. remd"", ~ III Morin, ~~;;:".,~"", Ny 11209. b_ refelTed to as the DECLARANT; WITNESSE TH: WlIEREAs. "'" DECLARANT" "'" ""'~ of """" "'" ""'_ ';fu", " "'" So'<h "de 0' ""'''''' Rood (N. Y.S. Ro'1e 25). Town o'S"""'I~ _Ik eo",.,.. Now Y orl<._ _od~1y """"01 "'" "",,"bol" &hol", · A. -bol_ __ ,,_ fu ~ "'" ""'-), "'" -So "'" DECLARANT "" _ M 'PPlfuoti" '" "'" hav, _Ivol -"'d"", 'PP""'" ...."'" PI_ Bo"" 0' "'" Town o'So''''''ld fu 1mp1="" , "~If "'" IoJ ""b""". ~ ""wn " lire S,Wi""" Mop 0' "Mkb,. ,,_" Prepared by Joseph A. IngegnO Land Surveyor, last dated August 2, 2002 which will simultaneously be tiled in the Office of the Suffolk County Clerk; and NOW, THEREFORE, THIS DECLARATION WITNESSETH: WHEREAs, '0< ""''' --" o'lIre _ling of '''d 'PP"vol. lire PI_ """" o"lre Town o"""'old "" "-01 it 10 b, " <h, ""I ,,_ 0' <h, Town o'SoWhoId "'" <h, 0-'" "'" P"-~ own", o[ "'d 10. "" "'" willit, C""""". "'IIo=tno;"", be ;"''''01 o""d 10. I "'" 2. "'" 3. "'" ~ "'o'did" o[ "'d .....>aU"'d PI_", """" b~ ""'Ired "" <h, willit, """~"'" be "'''''"01 ill <h, S'lfolk COW>!y.b"", om"" "'" WilEREAS. <h, DECLARANr b~ ""'id"", "'" forego;", Md bov, d,"_oI "" <h, ".re wi. be '0< <h, "'" """'- .m, DECLARANT "'" '''''''I_ own", 0' "'d P,",cl; Th~ lire DECLARANT. '0< <h, _, 0[".';", '" <h, ;ot"'do.. _, "'P'='d, dn~ b.",y -, known. "'i, P"'li". oov_ "'" ""'" "" <h, '''d 10. wi"", ... <rebdi""" """ """ """""~ b, "bj"" fu lire fo.ow"", -"",. Md ""tn'd_ ~ b_ 'i"", whioh """ ... wi'" <h, I"", "d .... b, hi....'" 'I"" cll P"""""'", ;01 """'" "'" """'" of "'d ""-. tIrei, b,"'. "''''''''''. -",.trnt..." I""" mp,,,,,,,,,~. ""tnb,..... ,_ Md assigns, to wit: 1) There shall be no further subdivision of/ot 3 in perpetuity, 2) Th, two b"'ldi'g - i'Ln, I wilb 'ro~,g, "'on. <h, M.. Rood (N. Y.S. Ro", 25) '" part of Lot 1, and shall not be separated from Lot 1 in perpetuity, . . . 3) Lot owners 1 and 2 shajl have a mutual non-exclusive, perpetual easement over, and access across the common driveway, which is part of Lot 1, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the common driveway, 4) Lot owners I and 2 shall be responsible for and pay equally for the work of extending, repairing and maintaining such common driveway from the entrance at Main Road (NY.S. Route 25). The use of the existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties, and 5) Prior to issuance of any residential building permits on Lots 1 and 2, the 16 foot wide common driveway must be constructed. 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 by the owner of the Property only with the written consent of the Town. 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. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of South old or its successors, after a public hearing. , ' JN WITNESS instrument the DECLARANT above named have executed the foregoing en above; By: Michael i monitakl B,,~diK.i::tj STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS: . On this !'( day of(/t/I'( in the year 2004 before me the undersigned personally appeared/Jl/ld ~""~~ersonallY known to me or proved to me on the b~is ofsatisfacto c~enc~~o be the mdlvldual(s) whose name(s) is (are) subscribed to the within instrument ~ :~slh~~thei~~ to ame that he/sh~they executed ~c ~~e in hislher/theircapacity(ies), and that by th. . d' 'd al(gn) ture(s) on the ms~ent, the mdiVidual(s), or the person upon behalf ofwruch em IVI ~ yet: exe:?te I~trument. fSTATE 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 CERT)%l THAT I HAVE COMPA~E~ THE ANNEXED COPY OF h j, 'I DEED UBER QA"5' AT PAGE 'fJ RECORDED 6 11 0 AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IIN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS /1 Jh DAY OF 0111l~ k QJ<XJ)~. ~ , ".I.J CLERK S8: 12.0169. 12191cg J~otary Pul5lic KOULA POLITIS Notary :~i.; state of 11"'-,,/ York , i P050195 in Kings C " .../ ~ Commis;.o; , i C.xpiros Oct. 25. l'(LU-/..J . Schedule "A" ALL that certain plot, piece or parcel ofland, situate, lying and being in the Town of South old, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road (N.Y.S. Route 25) distant 621.48 feet Northeasterly from the corner formed by the intersection of the northeasterly side ofGilIette Drive with the Southeasterly side of Main Road; RUNNING THENCE North 39 degrees 16 minutes 18 seconds East along the southeasterly side of Main Road, 73.39 feet; THENCE South 41 degrees 44 minutes 52 seconds East, 133.35 feet; THENCE North 44 degrees 03 minutes 58 seconds East, 296.72 feet; THENCE South 41 degrees 17 minutes 32 seconds East, 146.30 feet; THENCE South 41 degrees 00 minutes 32 seconds East, 630.01 feet; / / ( THENCE north 43 degrees 54 minutes 28 seconds East, 69.48 feet; THENCE South 41 degrees 15 minutes 22 seconds East, 293.08 feet; THENCE South 37 degrees 10 minutes 28 seconds West, 382.16 feet; THENCE South 40 degrees 30 minutes 12 seconds East, 269.30 feet, to the northwesterly side of Dog Wood Lane; THENCE South 50 degrees 26 minutes 38 seconds West, 418.88 feet to the northeasterly side of Cedar Lane; . THENCE along the northeasterly side of Cedar Lane the following two (2) courses and distances: 1. North 38 degrees 55 minutes 32 seconds West, 406.48 feet; 2. North 39 degrees 44 minutes 42 seconds West, 743.70 feet; THENCE North 47 degrees 01 minute 18 seconds East, 316.38 feet; THENCE North 39 degrees 49 minutes 22 seconds West. 335.10 feet to the southea.rrerly ~irle of Main Road, the point or place of BEGINNING. . EXCEPTING so much of the premises known as District 1000, Section 031.00, Block 06.00 and Lot 029.000: ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the westerly comer of the subject premises, said beginning point also being located the following four (4) courses and distances from the comer fonned by the intersection along the southeasterly side of Main Road with the northeasterly side of a private road: I. South 26 degrees 10 minutes 10 seconds East, 335.10 feet; 2. South 60 degrees 40 minutes 30 seconds West, 316.38 feet; 3. South 26 degrees 05 minutes 30 seconds East, 628.83 feet; 4. North 64 degrees 23 minutes 20 seconds East, 319.43 feet to the point of beginning; RUNNING THENCE North 64 degrees 23 minutes 20 seconds East, 200 feet; THENCE South 25 degrees 36 minutes 40 seconds East, 150 feet; ( I THENCE South 64 degrees 23 minutes 20 seconds West, 200 feet; THENCE North 25 degrees 36 minutes 40 seconds West, 150 feet to the point or place ofBEGlNNING. . TOGETHER with a right of way for egress and ingress over lands now or fonnerly of Jean Schneider and/or James W. Kent which right of way is fully described in schedule "B" annexed hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the of the seller and any further rights of way to pass and repass for street purposes over all streets on a certain map entitled "Map of Section Two Gardiner's Bay Estates Situate at East Marion, Long Island" and filed in the Office of the Clerk of the County of Suffolk on September 23, 1927 under no. 275, including "the paths" leading to the beach. TOGETHER with the right, if any to use the beach lying between Spring Pond and the Bay and Old Orchard Lane and the Channel marked upon the said map as "Beach For Use of Lot owners" for bathing and similar purposes and together with a right of way, if any over Old Orchard Land and over the beach to said waters, such right to be in common with other persons to whom such rights may have previously been granted. ALL of the aforementioned rights, titles and interest, if any are subject to all covenants of restriction to the ~"'"" de!;!"" thaI the seller have been subject. " " . . SCHEDULE"B" THAT certain plot, piece or parcel of land, fully described in Schedule "A" is granted an easement for the purpose of ingress and egress as a right of way over an abutting parcel of land now or formerly of "Kent" and that easement is described as follows: BEGINNING at a point that is the following three courses from the northwesterly comer of lot number 181 on the map of Gardner Bay Estates, Section 3,: 1. North 26 degrees 51 minutes 00 seconds West, 100 feet; 2. South 64 degrees 23 minutes 20 seconds West, 90 feet; 3. North 25 degrees 36 minutes 40 seconds West, 125 feet to said point of beginning; RUNNING lHENCE through "Parcel "A", South 64 degrees 23 minutes 20 seconds West, 319.43 feet to the easterly line of a 30 foot-wide private road; THENCE along said easterly line North 26 degrees 05 minutes 30 seconds West, 25 feet; THENCE along through Parcel "A" North 64 degrees 23 minutes 20 seconds ~ 319.543 feet to land now or formerly of "Kent"; '. THENCE alon~the westerly line of said land of "Kent", South 25 degrees 36 minutes 40 seconds East, 25.0 feet to the point ofBEGlNNlNG.