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Home My WebLink AboutL 12523 P 410 /()!~/-)_S- DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this I'/Y, day of September, 2007, by FELIX DEERKOSKI, hereinafter referred to as the "DECLARANT"; as owner of the premises designated as SCTM #1'000-101-1-2.3 and shown on a survey prepared by John Ehlers Land Surveyor dated June 14, 2007 and last revised August 31,2007, a reduced copy of which is attached hereto and made a part hereof, and a portion of which is designated as the "Agricultural Reserve Area" and described in the metes and bounds description attached and / made a part hereof, hereinafter referred to as the Agricultural Reserve Area". WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 4600 Elijah's Lane, Mattituck, in the Town of Southold, County of Suffolk and State of New York, WHEREAS, the DECLARANT has granted to Town of Southold a Development Rights Easement dated September 19, 2007 for a part of SCTM #1000-101-1-2.3; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold has deemed it in the best interests of the Town of Southold and the owner and prospective owners of the lots that the within covenants and restrictions be imposed on the Agricultural Reserve Area, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the lots, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Agricultural Reserve Area shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the lots, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: The Agricultural Reserve Area shall not be used for any residence or dwelling other than for farm-related housing, which use shall be in conformance with the Town Code of the Town of Southold. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of South old or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. / 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. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, his successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Town Board of the Town of Southampton or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: X~&~. FELIX DEERKOSKI 8T A TE OF NEW YORK) COUNTY OF5uFFoLI~ ) 88.: On the i CjfJ- day of S'.tpr in the year 2007 before me, the undersigned, personally appeared FGLI J( bugK,o SK J , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned in Sou r1-fOt.~, NY' PATRICIA L. FALLON Notary Public, Stat, Of New York No.01FA4950146 Qualified In Suffolk County _ Commission Expires April 24, d. 0 iI C:IDocuments and SettingslAll UserslDocumentslAnne\Town of Southold Deeds of Development RightslDeerkoski C&R form 91307.doc fI mJ-N ~ I?,~_ Notary Public "AGRICULTURAL RESERVE AREA" ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: / BEGINNING at the northwesterly corner of the premises herein described and the easterly line of land now or formerly of Unified Credit Trust and being the following five (5) courses and distances from a mo'riument at the extreme southwesterly end of the curve that connects the westerly side of Elijah's Lane and the northerly side of Middle Road C. R. 27: 1. Westerly along said northerly side of Middle Road C. R. 27 along an arc of a curve bearing to the right having a radius of 1909.86 feet, a distance of 110.88 feet to a monument; 2. South 75 degrees 58 minutes 51 seconds West still along said northerly side of Middle Road C. R. 27, 248.33 feet to land now or formerly of County of Suffolk; 3. North 25 degrees 41 minutes 09 seconds West along said land now or formerly of County of Suffolk and later along land now or formerly of Unified Credit Trust, 933.00 feet; 4. South 65 degrees 37 minutes 32 seconds West along said land now or formerly of Unified Credit Trust, 345.00 feet; and 5. North 24 degrees 22 minutes 42 seconds West stili along said land, 415.24 feet to the true point or place of BEGINNING; RUNNING THENCE from said true point or place of beginning and through land now or formerly of Felix Deerkoski the following three (3) courses and distances: 1. North 64 degrees 24 minutes 00 seconds East, 255.07 feet; 2. South 25 degrees 36 minutes 00 seconds East, 309.63 feet; and 3. South 64 degrees 24 minutes 00 seconds West, 261.68 feet ,', to land now or formerly of Unified Credit Trust; THENCE North 24 degrees 22 minutes 42 seconds West along said land now or formerly of Unified Credit Trust, 309.70 feet to the point or place of BEGINNING. Legal Description N _.'';J/......i'i'. '. . wTE S SURVEY OF PROPERTY SITUATE: MAnrrUCK TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK SUFFOLK GOUNT.,.,. TAX HAP NLMBER 1000 - 101 - I - 2.3 SURVEYED, 06-14-2001 REVISED. 0<'>-21-2001 OE>-31-2001 CBRn:rn!D TO: FELlXDEaRKOIlIIU TOWN OF SOl.l'rnQLD COMMONWEALTIIi LAND rnT..E INSUIlANCII! COMJ'ANY ,\ \~ \tfI. I \;i, ":... \~ V~ o!!~ \ \ ~>>"'~~ <'!'/ / I,' \ .~~,:,-,!>-~..,,~~,.- <f'/'.--' ,";, , 0'I':'::..,1'o'O-~~O ~\'':.- O~ .,~--\~ \ / I #,,\~~~'O /"/'@.>V{\ \ ~OV''\: \ ./ _ "....... ,'::'~,~~t1.~\ I I \'1\ \ '\/'.. \ \C\l\ ~~~.\ \1 1>.1 't./ . #,\1 "'1 "'~Q// ..~<1J; "\ '\ O':'~"_'."'>-.-:...~ ~~~..- ~. \ \ .._.__.::~~~ // ~~S1'~\- \ \\ ;t::-:~/// \ \ \ <oIl::~ ~ V,~ ,..V"--- /<j$' 4~ --- #/ / / ___ /.,:.~JfI' /#,4<P- ~ " --\ \ \ I \ \ I . I I . \ \ I \\ \\ ~ \\ ',-,-, 'A v, I , \\\ \ \ I . I \ \ , ". I \ \ .' . '. \ \ ~ \ \ ,.". I 11\ "",,;Ii! .>!!I; '\ _~c(~J,~? \ ,,~,!>'j'd-~~ \ /~c"'" \ ~.,,~~ \ '" I \ #' .F',.~ .---------- \ ~- >" ~~~;~--~ I \"'/_J ! I I "- ,\ ,. '\';" 'h~ ".__.-._.._.~ .~-~--_.~._.. '--.-,---.-- ;10NU"lEOlT FOUND IAv.' '" _.,;.~-!.'-::E:.7:.";'~ .4:;E;:~~~ .~\~~i?i~ *'W~_ . JOHN C. EHLERS LAND SURVEYOR TO~"L ARE./'. . 20,5""0 "'.GRES SRAF'HIC SCALC 1"0100' 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 N.Y$. LIC. NO. 50202 'J""_-_ o ioo 200 300 j 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 5 Receipt Number : 07-0089112 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies Recorded: At: LIBER: PAGE: Section: 101.00 EXAMINED Following Fees For Block: 01. 00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO $15.00 $5.00 $0.00 $5.00 THIS Handling NYS SRCHG Notation RPT Fees Paid PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 09/24/2007 09:06:40 AM D00012523 410 Lot: 002.005 $5.00 $15.00 $0.00 $30.00 $75.00 ~I~Q~ [',H~ ~I~ DEr! Of lAND PRfSE,qVliTICJN ".~,_..' --..~-"-~-~-~-,,~~~" Exempt NO NO NO NO If<: [!][i] / 200? se~Ei~Rg~~j6:40 HM .)udJ. t.h H. P.3sc31e CLEPK OF SUFFOLf< COUr.jTI.,: L [:{!C!C112523 Number of pages TORRENS Serial # Certificate # F' 410 Pri or Of. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee i/) =- Handling 5. 00 Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Sub Total C?O - :30 ill 5. 00 1)- c ~ 15. 00 56- Sub Total Grand Total 75- rJ- or Comm. of Ed. Spec. / Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointment Transfer Tax Mansion Tax Affida~~_ \Va ,-,,--"- --~- ~fied C~.!-) NYS Surcharge Other The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO 4 DistlOOO Section ID 1.00 Block 0 1.00 Lot 5 Community Preservation Fund Real Propert Tax Service Agency Verification 1000 10100 0100 002005 Consideration Amount $ 6PTS R LPA A 1-SEP~7 .~ CPF Tax Due $ Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TO TO Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, NY 11968 TO 7 ~ Co. Name Title # e (). Suffolk County Recording & Endorsement Page This page forms part of the attached C o,ie ^ () (\ is ~ ~ (. S +r, G -h iJ (1 S (SPECIFY TYPE OF INSTRUMENT) made by: \)etf ~ OS/2 \' ~')'^' (\ Q r The premises herein is situated in SUFFOLK COUNTY, NE~YORK . In the Township of mtho/J / In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. TO SOJtholo (over)