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Home My WebLink About1000-75.-2-2 , . . DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made thisli day ofr!1!lj2005 by Merlot LLC with offices at 591A Bicycle Path, Port Jefferson, NY 11776, hereinafter referred to as the DECLARANT; WITNE S SE TH: WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of Main State Road 25, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of South old to subdivide said property into five (5) lots, as shown on the Subdivision Map of "Elysian Fields" prepared by John C. Ehlers Land Surveyor, last dated May 3,2005 which map will be filed herewith in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration ofthe granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3, 4 and 5, and as a condition of said approval, said Planning Board 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 the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) There shall be no further subdivision of Lots 1,2,3 and 4. No lot lines shall be changed unless authorized by the Town Planning Board. 2) No structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the wetlands as designated on the subdivision map. 3) No stormwater runoffresulting from the development and improvement of the subdivision or any of its lots shall be discharged into the wetland in any manner. , . . 4) Each lot owner is responsible for preventing runoff onto neighboring properties. 5) Prior to the commencement of any construction activity on lots 1,2, 3, 4 and 5, a NYSDEC SPEDS General Permit must be secured and submitted. 6) As described in a separate Road Declaration, lot owners 1,2,3 and 4 shall have a mutual non-exclusive, perpetual easement over and access across the road, which is part of Lot 5, 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 road. I 7) Direct access to and from Lot 5 to onto State Route 25 is prohibited. Access to Lot 5 shall be from the 66' wide right-of-way. 8) For turn around purposes, the extension of the road into Lots 3 and 4 will remain free from obstructions or gates that would infringe upon the use of the road. 9) No residential structures shall be constructed on Lot 5. 10) The 2.0997-acre development area within Lot 5 shall not be further subdivided. This covenant shall not preclude the construction of such structures within the development area for uses permitted by the Conservation Agreement which encumbers the entire area of Lot 5. 11) By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 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 ofthe Property only with the written consent of the Town granted by a majority plus one vote ofthe Planning Board after a public hearing. 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 aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of South old to enforce the same shall not be deemed to affect the validity ofthis covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee therof. l' . . 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 Southold or its successors, after a public hearing, IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. , erodotus Damianos, M.D., Presi~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS: KATHRYN KREJCI Notary Public, State of New York No. OfKR4823516. Suffolk County Commission Expires DllCember 31,2006 On thistl-1 day of 1Yl~'f in the year 2005 before me, the undersigned, personally appeared Herodotus Damianos, M.D., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(M whose name(.B} is (<\Fe) subscribed to the within instrument and acknowledged to me that~/she/they executed the same in Qlher/their STATE OF NEW YORK SS: C;UNTY OF SUFFOLK I DWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT o THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPA~~ THE ANNEXED COPY OF O~ ~EED UBER 1,;2 39R AT PAGE 0 RECORDED 7 - :J--O- u A D THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE T EREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET ~ AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS CJ-.t) DAY OF rJ' (J ldtd.{X)'J - ~ . .urt4d I: ~l"l. J CLERK 12-0169.12I97cg ,:. 'Fidelity ~tional Titl~ INSURANCE COMPANY . TITLE NO. 05-7404-60626.SS-SUFF SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the easterly side of land now or formerly of Jacqueline C. and/or George S. Bauer; RUNNING THENCE along said land, North 21 degrees 54 minutes 50 seconds West 225.04 feet and South 58 degrees 33 minutes 10 seconds West 183.14 feet to land now or formerly of Stanley Mokus; RUNNING THENCE along said land, North 23 degrees 32 minutes 30 seconds West 2358.65 feet to the southerly side of the Long Island Railroad; RUNNING THENCE along the Railroad, North 60 degrees to land now or formerly of southerly side of the Long Island 33 minutes 00 seconds East 620.76 feet Wicpzynski; RUNNING THENCE along said land, South 26 degrees 02 minutes 30 seconds East 2077.18 feet to land now or formerly of Stelzer; RUNNING THENCE along said land and along lands now or formerly of Gajeski and Harris, South 26 degrees 42 minutes 50 seconds East 306.84 feet to land now or formerly of Henry Stelzer; RUNNING THENCE along said land, South 61 degrees 35 minutes 00 seconds West 131.73 feet; RUNNING THENCE along land now or formerly of F. Stelzer, South 59 degrees 05 minutes West 125 feet and South 26 degrees 15minutes East 175 feet to the northerly side of Main Road; RUNNING THENCE along the northerly side of Main Road, South 59 degrees 11 minutes 30 seconds West 305.54 feet to the point or place of BEGINNING. 24 Commerce Drive. Riverhead, New York 11901 . (631) 727-0600 . Fax: (631) 727-0606