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HomeMy WebLinkAbout1000-100.-2-6.1DEC~RATION OF COVENANTS AND RESTRICTIONS THIS INDENTURE made this 2nd day of April, 1998, by ROBERT G. ROWEHL, residing at 2755 Oregon Road, Mattituck, New York 11952, hereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Oregon Road, Mattituck, Town of Southold, County of Suffolk, State of New York, designated on the Suffolk County Tax Map as District 1000, Section 100, Block 2, Lot 6 containing approximately 37.2518 acres, being the same premises acquired by the Declarant by deed dated April 3, 1973 and recorded in the Suffolk County Clerk's Office in Liber 7371 Page 590 and is more fully described in Schedule A which is attached hereto] hereinafter referred to as the "premises"; and WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent the overcrowding and to conserve the ground water resources of the Town of Southold; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to subdivide the 37.2518 acres into three (3) lots. NOW, THEREFORE, the Declarant does hereby declare that the aforementioned said premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. Any further development of Lot No. 3 shall provide for a 50 foot wide right-of-way from Oregon Road and/or Sound View Avenue at the Planning Board's discretion and shall be built .according to highway specifications of the Town of Southold. In the event the right-of-way is from Sound View Avenue any existing common driveway providing access to Lot Nos. 1 and 2 will be replaced by the 50 wide foot right-of-way. In addition the common driveway providing access to Lot Nos. 1 and 2 is to be located on the easterly 20 feet of the right-of-way to allow for a natural buffer area between the proposed common driveway and the existing access to the adjacent parcels on the west. 2. The construction and maintenance of the common driveway providing access to Lot Nos. 1 and 2 shall be the responsibility of the owners of Lot Nos. 1 and 2. 3. The common driveway which is to provide access to Lot Nos. 1 and 2 is to be graded and constructed in such a manner that all runoff generated within the subdivision is contained on site so that it will not impact the adjacent property immediately to the west. 4. There shall be no further subdivision of either Lot No. 1 or Lot No. 2 in perpetuity. 5. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns; any owner of any portion of the aforementioned p~emises, their heirs, successors and assigns, and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or similar nomenclatures so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon Declarant, his heirs, legal representatives, distributees, successors, assigns and transferees. In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, his heirs, executors, legal representatives, distributees, successors and assigns, to enforce the conditions and restrictions of these covenants. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. STATE OF NEW YORK: COUNTY OF SUFFOLK: Robert G· Rowehl On the 2nd day of April, 1998, before me personally came ROBERT G. ROWEHL to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public S'T'ATE OF NEW YORK COUNTY OF SUFFOLK SS: I EDWARD P. ROMAINE. CLERK OF THE COUNTY OF SUFFOLKAND 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 CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED LIBER //~/ AT PAGE ~/~-? RECORDED -~-/~/~ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL ~ AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF. I HAVE HEREUNTO SET MY' HAND AND AFFIXED THE SEAL OF SAID ~, 199~ COUNTY AND COURT THIS /-/ DAY OF h-n ~ ~.~~' CLERK ,,~.. 12~7~g 11891 457 SC~ULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: %~9 BEGINNING at a point on the northerly side of Oregon Road where the southeasterly corner of premises about to be described intersects the~southwesterly corner of land now or formerly of Joseph Poplesk~ which point is southwesterly on a course North 53° 08' 10" West a distance of 56.81 feet from the intersection of the southeasterly side of Oregon Road and the easterly side of Elijah's Lane; running thence South 59° 44' 00" West along the northwesterly side of Oregon Road 500.99 feet to land now or formerly of Joseph Zimnoski; running thence along said land the following two courses and distances: (1) North 24~ 23' 40" West 3326.28 feet; and (2) %hence North 24" 33' 00" West 183.63 feet to the southeasterly side of Soundview Avenue; thence along the southeasterly side of Soundview Avenue the following two courses and distances: (1) thence North 57~ 05' 30" East 209.41 feet; and (2) thence North 49" 52' 20" East 222.06 feet to land now or formerly of Joseph Popleski; thence along said last mentioned the following four (4) courses and distances: (1) South 26° 02' 10" East 171.70 feet; (2) South 25° 48' 00" East 506.27 feet; (3) South 25° 27' 00" East 824.65 feet; and (4) South 25° 40' 00" East 2048.10 feet to the northwesterly side of Oregon Road at the point or place of BEGINNING.