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HomeMy WebLinkAbout1000-56.-1-11.1 '. 11111111111/1111111111111111111111111 11111111111111 1111 11111111/11/1111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 8 Receipt Number : 04-0075734 ~y Recorded: At: 07/08/2004 01:26:15 PM District: 1000 LIBER: PAGE: Received the Section: Block: 056.00 01.00 EXAMrNED AND CHARGED AS FOLLOWS Following Fees For Above Instrument Exempt NO NO NO NO NO Page/Fili.l1g COE TP-584 Cert.Copies SCTM / Handling I NYS SRCHG( Notation RPT $24.00 $5.00 $0.00 $5.20 $0.00 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County D00012329 581 Lot: 011. 001 $5.00 $15.00 $0.00 $30.00 $84.20 ':1) ~ u nB Iii . . .IU . . J" \~ , ~.. L_"--~-~'-~~';:old Town ~," :;ing Snarr! Exempt NO NO NO NO . . DECLARATION OF COVENANTS & RESTRICTIONS (Common Roadway) DECLARATION, made this <:2 ,\\ o -day of July, 2004, by EDWARD ERNST and ANGELA NORTON, residing at 61025 Main Road, Southold, NY 11971 (hereinafter referred to as the "Declarant"). WHEREAS, the Declarant is the owner of certain real property situate at 2640 Long Creek Drive, Southold, NY, known and designated as SCTM # 1000-056.00-01.00-011.00 1 (hereinafter referred to as "2640 Long Creek Drive"); and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold (hereinafter referred to as the "Planning Board") for approval of a six-lot subdivision of 2640 Long Creek Drive known as "Mill Creek Preserve," and the map of said subdivision is !.{ be filed in the Suffolk County Clerk's Office (hereinafter referred to as the "map"); and WHEREAS, the map depicts a roadway with an area of 1.28:!: acres (hereinafter referred to as the "Common Roadway") and the Common Roadway is intended to provide access to and from Lots 1, 2, 3, 4, and 5 of the subdivision and for utilities to said lots; and WHEREAS, for and in consideration of the granting of subdivision approval, the Planning Board has required a covenant that the Common Roadway be used in common by Lots 1,2, 3, 4, and 5 and that the owners of said lots shall be responsible to maintain the Common Roadway, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant desires to construct the Common Roadway to provide ingress Ernst & Norton Covenants & Restrictions . , from, egress to and regress between and among Lots 1, 2, 3, 4, and 5 and Long Creek Drive and to provide utilities to said lots; and WHEREAS, the Planning Board has required that Declarant's use of the traveled stone roadway known as "Old Mill Path" not be used for primary access to and from Lot 5; and WHEREAS, the Planning Board has required that access to Lot 6 be limited to Pond Avenue and the traveled stone roadway known as "Old Mill Path;" and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSEm: That the Declarant, for the purposes of carrying out the intentions above-expressed, and also in consideration of the foregoing recitals, Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby make (' known, admit, publish, covenant and agree that the premises described in Schedule" A" annexed/ ! hereto shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Lots 1, 2, 3, 4, and 5 shall share a common driveway from Long Creek Drive and over the Common Roadway as shown on the map to the northeasterly, easterly and southeasterly boundaries. 2. The Common Roadway shall be constructed by the Declarant in accordance with the requirements of the Planning Board. Thereafter, the owners and holders of Lots 1, 2, 3, 4, and 5 shall have the obligation to maintain the Common Roadway and to share in the cost of maintaining the Common Roadway in the following proportions Ernst & Norton Covenants & Restrictions 2 . . Lot 1 15% Lot 2 20% Lot 3 25 Lot 4 15% Lot 5 25% with said proportion of such expense being attributable to each such lot (hereinafter referred to as "expenses") . 3. Declarant hereby covenants that each subsequent owner of any such lot, by acceptance of a deed, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay expenses as set forth herein. 4. Each expense shall also be the personal obligation of the person who was the owner of the lot at the time the expense became due. 5. All expenses shall be billed to the lot owners in the proportions set forth above and shall be paid to Declarant, its heirs, executors, legal representatives, distributees, successors and assigns, withl~irty via; days after the date of said bill. I ( ( '. 6. Maintenance shall include filling of potholes and irregularities as needed; periodic scraping, resurfacing, paving or repaving; drainage; grading and landscaping along and within the Common Roadway; plowing for snow removal; and such other routine maintenance and driveway repairs as are necessary to maintain the Common Roadway, as constructed in accordance with applicable Planning Board specifications, in good condition. 7. When servicing, installing or maintaining utility and service lines along the Common Roadway, the lot owner causing such work to be performed shall employ only agent, employees, contractors, subcontractors and other representatives (hereinafter referred to as "contractors") who are licensed and insured to perform the work. Said lot owner shall give Declarant written notice of the name of the contractors, the nature of the work to be performed and the schedule for said Ernst & Norton Covenants & Restrictions 3 work to be performed. Said written notice shall be delivered to Declarant not less than fourteen (14) days prior to the scheduled commencement of the work. Said lot owner shall have his or her contractors use reasonable care not to damage the Common Roadway by disturbing the Common Roadway's surface or disturbing shrubbery or other landscaping, and the said owner shall return the Common Roadway to its original condition when the work was commenced. 8. The Common Roadway shall not be used for parking ofvehic1es, dumping or abandoning any waste or debris along its length. 9. The maximum speed permitted for the Common Roadway shall be fifteen (15) mph, or as otherwise agreed by the owners of Lots 1, 2, 3, 4, and 5. 10. Access to and from Long Creek Drive to Lot 5 shall only be permitted over a fifteen (15) foot traveled roadway to and from the sixteen (16) foot wide Common Roadway known as North Pasture Lane as shown on the plat of Mill Creek Preserve as revised June 22, 2004. Vehicular use of the traveled sto",t:oadWay known as Old Mill Path by the owner of Lot 5 shall only be t. permitted for agricultural use. 11. Access to Lot 6 shall only be permitted over a fifteen (15) foot traveled roadway to and from Pond Avenue as shown on the plat of Mill Creek Preserve as revised June 22, 2004. Vehicular use of the traveled stone roadway known as Old Mill Path by the owner of Lot 6 shall only be permitted for agricultural use. 12. These covenants and restrictions can be annulled, waived, changed, modified, terminated, revoked or amended only at the request of the majority of the then owners of the lots with the approval of a majority plus one of the Planning Board after a public hearing. The property owner of each lot in the subdivision shall be entitled to notice of such public hearing but the individual owner's consent to such modification shall not be required. Ernst & Norton Covenants & Restrictions 4 ALL THAT TRACT OR PARCEL OF LAND, with the buildings and improvements thereon, situate east of the Village of Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point at the southwesterly corner of the within described premises, said point being where the division line of the land known as "Map of Long Pond Estates Section Two" and the within described premises intersect the northerly side of the land of the Long Island Rail Road; RUNNING THENCE northerly along the said map and the "Map of Long Pond Estates Section One" the following three (3) courses and distances: 1. North 13 degrees 04 minutes 00 seconds West 77 6.22 feet; 2. North 70 degrees 42 minutes 10 seconds East 561.99 feet; 3. North 14 degrees 21 minutes 10 seconds West 2045.65 feet; THENCE North 85 degrees 43 minutes 16 seconds East 139.07 feet; THENCE North 62 degrees 59 minutes 40 seconds East 91.32 feet; THENCE South 45 degrees 41 minutes 26 seconds East 22.80 fe,t; THENCE North 88 degrees 05 minutes 54 seconds East 478.03/eet; THENCE South 84 degrees 59 minutes 14 seconds East 316.43 feet; THENCE North 4 degrees 21 minutes 26 seconds West 154.94 feet; THENCE North 34 degrees 38 minutes 40 seconds West 157.54 feet; THENCE North 53 degrees 32 minutes 39 seconds East 189.28 feet THENCE South 15 degrees 28 minutes 30 seconds East 131.60 feet; THENCE South 80 degrees 33 minutes 25 seconds East 135.10 feet; THENCE North 17 degrees 35 mihutes 37 seconds West 252.56 feet; THENCE South 84 degrees 54 minutes 40 seconds East 227.95 feet; THENCE South 59 degrees 25 minutes 07 seconds East 595.20 feet; THENCE South 19 degrees 27 minutes 56 seconds East 319.28 feet; THENCE South 89 degrees 46 minutes 35 seconds West 314.47 feet; THENCE North 64 degrees 56 minutes 40 seconds West 320.44 feet; THENCE South 31 degrees 25 minutes 30 seconds West 155.56 feet; THENCE South 51 degrees 46 minutes 57 seconds East 101.15 feet; SCHEDULE 'A' Ernst & Norton Covenants & Restrictions ! \ . ~. J I . 6 . . ~ THENCE South 18 degrees 23 minutes 47 seconds East 233.80 feet; THENCE South 82 degrees 49 minutes 02 seconds East 141.27 feet; THENCE South 61 degrees 25 minutes 10 seconds West 211.31 feet; THENCE South 01 degrees 51 minutes 50 seconds East 47.18 feet; THENCE South 06 degrees 36 minutes 00 seconds West 87.71 feet; THENCE South 17 degrees 19 minutes 20 seconds West 417.25 feet; THENCE South 80 degrees 57 minutes 40 seconds West 96.80 feet; THENCE South 18 degrees 16 minutes 40 seconds East 699.63 feet; THENCE North 80 degrees 19 minutes 20 seconds East 177.12 feet; THENCE South 88 degrees 10 minutes 40 seconds East 224.90 feet; THENCE North 64 degrees 02 minutes 20 seconds East 39.57 feet; THENCE South 27 degrees 09 minutes 17 seconds East 10.94 feet; THENCE South 64 degrees 02 minutes 20 seconds West 41.13 feet; THENCE North 88 degrees 10 minutes 40 seconds West 226.37 feet; THENCE South 80 degrees 19 minutes 20 seconds West 208.00 feet; THENCE North 18 degrees 16 minutes 40 seconds West 709.39 feet; THENCE South 80 degrees 36 minutes 00 seconds West 70.00 feet; / THENCE South 55 degrees 54 minutes 10 seconds West 471.25 feet; ( THENCE South 18 degrees 30 minutes 50 seconds East 655.59 feet; THENCE South 12 degrees 45 minutes 20 seconds East 300.23 feet; THENCE South 17 degrees 42 minutes 56 seconds West 30.76 feet; THENCE South 11 degrees 53 minutes 50 seconds East 264.76 feet; THENCE South 68 degrees 49 minutes 15 seconds East 12.61 feet to the northerly side of the land of the Long Island Rail Road; THENCE westerly, northerly and westerly along the land of the Long Island Rail Road, the following three (3) courses and distances: 1. South 70 degrees 33 minutes 40 seconds West 626.14 feet; 2. North 19 degrees 26 minutes 20 seconds West 7.09 feet; 3. South 70 degrees 33 minutes 40 seconds West 516.12 feet to the point or place of BEGINNING. Ernst & Norton Covenants & Restrictions 7 IN WITNESS WHEREOF, the Declarant above named has executed the foregoing T ED E LLf~4, ~4, GELA RTON Declaration the day and year first written above. STATE OF NEW YORK, COUNTY OF SUFFOLK SS: On the ~ day of July in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared EDWARD ERNST personally known to me or proved to me on the basis of satisfactory evidence to be the individua1(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individua1(s), or the person upon behalf of which the individnal(s) acted, executed the instrument. f TATE OF NEW YORK ~OUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF Sl;.lFFOLK 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 CERJ"JfXl.I:IAT I HAVE COMP~ THE(ANNEXED COPY QF.Z01 A DEEDLlBER ~ ATPAGE ~ RECORDED 1_(J1-~':t- AND THAT IT IS A JUST AND TRUE COpy OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. SS: . IN TESTIMONY WHEREOF, I HAVE HEREUNTO SFt, ~Y HAND AND ~FFI~EO THE SEAL OF SAID {I COUNTY AND COURT THIS lift, DAY OF 00 ptttClf ~ . :fKVrLl: I,.t~ CLERK 'H1..1Z19~ I Ernst & Norton Covenants & Restrictions 5