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HomeMy WebLinkAbout1000-100.-3-11 . ~ .~...,.,-~,..,T, ,..m _ _ ~Y 1~~a~ DECLi~RATION OF COVENANTS APID Rli5T_RICTIONS_ DECLARATION made this3Dtiida of NovemLer y 1981, by GL'ORGE TOUMANOFF and JANE TOUMAPJO~'F, residing at 14 Lloydhaven Drive, Huntington, New York, hereinafter called the "Owners". f 0 WHEREAS, the Owner has title to certai? lands situate, lying ~ and being at Mattituck, in the Town of Southold, Suffolk County, " New York; an6 -~-y WHEREAS, the Planning Board of the Town of Southold did on October 19, 1981, approve the minor subdivision of four lots as shown on the map entitled, "Minor Subdivision made for C;eorge (O` and Jane Toumanoff at 1`iattituck, 'POWs of Southold, N. Y." by i ~ Roderick Van Tuyl, P.C, dated May 8, 1981, amended November 3, r_ 1981, which is attached hereto as Schedule A; and ir. i WHEREAS, the Planning Board of the Town of Southold and the Suffolk County Planning Commision have requested as a condition z"~~ of granting approval of said subdivision of property. as shown on Schedule A that the property denoted as Section Two shall be ri filed as a major subdivision in the office of the Clerk of the_ County of Suffolk when subdivided, and further no lot on the minor subdivision labeled as Section One shall be changed in any taanner unless authorized by the Planning Board of the Tuwn of ~ Southold. . . _Q DECLARANT does hereby further warrant, covenant and represent ' ~ that the foregoing restrictions and agreements shall bind the undersigned, his heirs, successors and ass.i.gns, and any. and all ' U person. or persons who shall succeed to the. ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has caused his hand and t ry seal to be affixed this day of x,,,., 19&1. ~ h, ^George Tournano~i Jane Toumanoff ' ( STATE OF NEId yORKe ss.: COUNTY OE' SUFFOLK: On the day of ~e!_ 1981, before me personally came GECRGE TOU.+IANOFF and JANE TOUh1ANOFF, to rae knoian and known to me to be she individual~_; described in and who executed the foregoing instrument and acknowledged to me that they executed the same. ` r - I ` 1} tary PuT is l,~ ~y y II 1 I ~ " ~ i J LF~N Y~ . CALF Notary Public,. State of NecJ Y'urk Siifolk County No. 52-ti444700 Commission L'xpires March 30, 1951 t ~a : 1~~,~^ ~ fi~.w `11aEF.y1.~~PAGE~.~~ l ~ _ F , ~ ~ , DECLARATION OF COVENANTS AND RESTRICTIONS r , ~ ~ by \'I GEORGE AND JANE TOUMANOFF ~ k , DECLARATION made this 27th day of April , 1982 by GEORGE TOUMANOFF and JANE TOUMANOFF, residing at 14 Lloydhaven Drive, Huntington, New York, hereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL those certain plots or parcels of land in the Town of Southold, County of Suffolk and State of New York, shown as Lots 1, 2, 3 and 4 on a certain map entitled, "Minor Subdivision made for ,~~9)~' ~ George & Jane Toumanoff at Mattituck, Town of / Southold, NY", mapped May 8, 1981 and last amended ' •,~j^Y Nov. 3, 1981 which map is 'annexed hereto and made ~in'~(,~ a part hereof as Exhibit A' and more particularly ~i i; described as follows: w..~;! Westerly Parcel, containing lots 1 & 2. l•'~ Beginning at a point on the northerly line of Mill Road 1294.58 i00 feet westerly along said line from the westerly line of Reeve Road; .st. running thence along said line of Mill Road, N. 57° 48' S0" W. -213.38 feet; thence along other land of Toumanoff, six courses: X0;00 :c. ~ (1) N. 17° 09' 10" E. - 355.07 feet; thence t.,00 (2) N. 77° 54' S0" E. - 200.0 feet; thence .k. (3) Southerly'on a curve to the right having a radius of 269.11 /8~p feet, a distance of 140.11 feet; thence 1. 0 (4) S. 17° 44' 40" W. - 200.67 feet; thence ,t (5) Southerly on a curve to the left having a radius of 446.07 feet, a distance of 150.06 feet; 'thence , ' (6) Southwesterly on a curve to the right having a radius of 20 feet, a distance of 93.19 feet; (7) North 57° 48' 'S0" SVes1:213.33 •Eeet~to-,the southwesterly corner of the premises herein to the point or place of BEG.T_Nt7ING. Containing 91,500 square feet or 2.10 acres. EXHIBITS _ Page 2. Easterly Parcel, containing lots 3 & 4 Beginning at a monument set on the northerly line of MiII Road at the southwesterly corner of land of Krupski and being 804.58 feet westerly from the westerly line of Reeve Road; running thence along said northerly line of Mill Road, two courses: (1) S. 68° 14' S0" W. - 304.46 feet; thence (2) S. 83° 31' 10" W. -75.63 feet;.tl}e ~ e along other land of Toumanoff, five courses: ~ ~~'-.r'~', . ~ ~=f'' (1) Northwesterly on a curve to the right having a radius of 20 feet, a distance of 32.48 feet; thence (2) Northerly on a curve to the right having a radius of 396.07 feet, a distance of 146.40 feet; thence (3) N. 17° 44' 40" E. - 193.51 feet; thence (4) 5.,72° 15' 20" E. - 87.43 feet; thence (5) N. 77° 54' S0" E. - 170.0 f~ to said land of Krupski; thence along said land of Krupski, S. 12°,~0~;!10" E. - 241.0 feet to the point of beginning. Containing 95,469 s2~iare feet or 2.19 acres. WHEREAS, the Declarant intends that the aforesaid land together with additional land shown on Exhibit "A" as "Section Two - Proposed Major Subdivision" containing seven lots and Park and Playground shall be developed as a planned. community of one-family dwellings, and in order to provide for beneficial and harmonious development, the Declarant desires to impose certain restrictions and covenants on the aforesaid land which shall be binding on all the purchasers and mortgagees of individual plots, their heirs, executors, administrators, and assigns. NOW, THEREFORE, said aforedescribed premises shall be subject to the following covenants and restrictions which shall run with the • land: 1. No lot, as shown on said map annexed hereto as Exhibit "A", shall be subdivided, sold or leased except as a single unit or parcel, nor shall the owner. thereof rent a portion or portions of the land or premises to boarders or transients or to adjoining lot owners. 2: No lot shall be improved or have placed or maintained thereon any habitable structure other than a single-family dwelling, not to exceed two stories in height with a private garage for not more than three (3) automobiles. A two-story dwelling shall contain a gross first-floor area of not less than 1,200 square feet, and no dwelling shall contain a habitable floor area of less than 1,600 square feet, (exclusive of garages, carports, open breezeways, porches or basements wholly below grade). Aground level habitable area enclosed on three sides by foundation walls not less than seven feet above grade can be counted as a "second" story for the pur- poses of this paragraph. Page 3. 3. No dwelling or structure may be erected or modified without the prior written approval of the site location, land- scaping and building plans and specifications by the Declarant. 4. All dwellings and structures shall conform to all applic- able codes and regulations of the Town of Southold, and no Variance thereof may be obtained without the written approval of the Declarant. Flat-roof construction and asbestos, plastic or metal ' siding shall not be used on any dwelling or structure. 5. No fences, signs, auxiliary structures, sheds, barns or clothes lines shall be erected, or hedges grown upon the property without prior written approval of the Declarant. 6: Tree stumps and debris must be removed from any lot prior to, occupancy. No area of the premises may be used for the dumping of refuse or garbage, and all such materials shall be stored in hidden, sanitary containers and shall be removed regularly. from the premises. 7. No mobile type home or house trailer shall be kept,, used, moved or allowed on said premises regardless of the size. A camper, boat or utility trailer may be stored in an enclosed area shielded from view to one side of or behind the principal dwelling. S. No trees or underbrush shall be cleared, trimmed or thinned (except to remove dead or diseased growth) within fifteen (15) feet of any back lot line or ten (10) feet of any side lot line. Large or rare species of trees, naturally growing flowe-ing trees or shrubs and decorative ground cover shall be preserved to the greatest extent practicable commensurate with normal use of the land for single family living, 9. Domestic animals may be housed outside the principal dwelling but shall be limited to two adult dogs and/or one horse maintained for riding purposes only. Birds kept outdoors shall be securely fenced and shall not create a nuisance to neighbors. 10. Ancillary buildings (except garages), swimming pools, runs, paddocks, kennels, stalls, sheds, etc. shall be placed further away from the street line than the furthest part of the principal dwelling; shall be set back from any side or back lot line not less than fifteen (15) feet; shall not exceed fifteen (15) feet~in height above grade, (except swimming pools shall be entirely below grade); and shall be screened from street view by appropriate planting or fencing as approved by the Declarant. ' Page 4. 11. All structures on any one lot including roofed, paved or excavated areas which have the effect of deflecting or captur- ing rain, shall not in the aggregate have a projected horizontal area exceeding twenty (20) percent of the gross area of the lot. All runoff caused by changes to the natural growth and terrain of a lot shall be contained within the boundaries of the lot by appropriate landscaping. For purposes of design a rainfall of three (3) inches in one hour shall be assumed. Downspouts and dry wells .shall be installed on all major buildings unless alternate drainagge o~~f e~val capacity is provided. T~TFie premises shall not be used for aany commercial activity of any kind or any manufacture, fabrication of goods, ~ breeding of livestock for sale, or display of advertising discernible from outside of the principal dwelling. Home occupations or activities may be practiced in accordance with the Southold Zoning Code within the premises provided no more than two persons are engaged in such activity and no more than two automobiles of clients are parked on the lot or in the road at any time. No activity of any kind shall be conducted on the premises, within any lot or in any part of the land described hereinabove, which shall cause obnoxious noise, ordors, dust, smoke, lights, radio emissions nor any other externally discernible effect which shall cause an annoyance or nuisance to neighboring properties. 13. No well or other individual water supply system or any individual sewage disposal system shall be permitted on any lot unless approved as.to design, location and construction by the Suffolk County Department of Health or such other State, County, Town or Village authority having jurisdiction over public health. No water pumped from the ground of any lot shall be used for any purpose other than household needs within said lot. No water shall be discharged beyond the boundaries of a lot except in case of an emergency. 14. All owners of lots and their invited visitors are hereby granted an easement for the purpose of ingress and egress, in common with others, at their own risk, over the roads shown on Exhibit "A". All owners of lots are hereby granted the right to use (pursuant to reasonable regulations from time to time pro- mulgated by the Declarant or by an association. of property owners succeeding to the rights of the Declarant hereunder), in common with others, at their own risk, the Park and Playground and re- served areas to be established as part of the major subdivision shown on Exhibit "A" as Section Two. Page 5. 15. The Declarant reserves the fee title to the bed of the roads shown on Exhibit "A" together with the fee title to any and all drainage, Park and Playground and Reserved areas thereon shown, and the Declarant shall have the right to dedicate said roads and drainage to the Town of Southold without the consent of the owner of any lot or of the holder of any lien thereon or any interest therein. All such owners, lienholders and interest holders shall execute, if requested, any and all inatrtiiments necessary to effect such dedication purposes. This reservation of fee title shall terminate upon acceptance of ded- ication by municipal authorities. i 16. An easement along the roads on said map and over any other area necessary is hereby expressly reserved for the erection and maintenance of poles and wires and conduits and of all proper and necessary attachments for electric power, telephone service, water and cable T.V. and for the construction and maintenance of any utility easements; provided, however, that said easements shall be over areas designated by municipal or public utility authorities. 17. Upon approval of the Major Subdivision shown as "Section Two" on Exhibit "A" all eleven lots shown on Exhibit "A" shall have equal rights and obligations as defined in Paragraphs 18 through 22 hereinafter. Owners of lots 1 through 4 shown on Exhibit "A" shall have the right of access to the launching slip and bulkheaded dock over the land of "Section Two" until such rights are super- seded by the provisions of paragraphs 18 through 22. 18. Each lot shown on Exhibit "A" shall be entitled to the exclusive use of no less than twelve (12) feet along the shore line of the reserved area south of the launching ramp in Exhibit "A" for the purpose of establishing a slip for the mooring of a boat. Such slip shall be used by the lot owner, his temporary guest or ' tenant and may not be rented to others. Slip locations shall be assigned to each lot by the Declarant or his successors. 19. At such time as eight (8) lots are in separate ownership a Property Owners Association shall be formed and shall be duly incorporated according to the laws of New York. The Declarant, his successors and assigns, will assign all of his rights, duties, and obligations hereunder to said Property Owners Association. Each fee owner of a lot shall automatically be a member of such Property Owners Association; however, each. lot shall be entitled to only one vote. Rules and By-Laws of such Association, not incon- sistent with these covenants, shall be adopted by affirmative written vote of the owners of no fewer than eight (8) lots, and shall thereupon become binding on all the lot owners. • page 6. 20. Each and every lot shall be subject to an annual charge in an amount that will be fixed by the Declarant, his successors and assigns, not, however, exceeding in any year, ten (10) percent of the aggregate real property tax levied on all-the lots (and improvements thereon) divided by eleven (11). Any assessments in ex6esa of the annual real property tax levied upon the road, Reserved Area or Park and Playground shall be added to the above y-~ described charge. The owner of any lot, himself, his heirs, successors and assigns, covenants he will pay this charge to i Declarant, his successors and assigii~, on the 1st day of January in each and every year, and further covenants that said charge on said date in each year shall become a lien on said land and shall continue to'be such lien until fully paid. Such charge shall be payable to the Declarant or his successors and assigns, and shall be•devoted to the maintenance of the road, Reserved Area and Park and Playground as shown on said map annexed hereto as Exhibit "A", and other community purposes beneficial to the real property above-described. A party, by the acceptance of a deed, hereby ex- pressly vests in the Declarant, his successors and assigns, the right and power to bring all actions against the fee owner of the premises hereby conveyed or any part thereof for the collection of such charge and can enforce the aforesaid lien therefor. 21. These covenants and restrictions shall run with the land hereby and shall bind and inure to the benefit of said parties hereto, their heirs, administrators and assigns until January 1, 2025 after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by .the then owners of eight of the total of eleven lots agreeing to change such covenants and restrictions in ' whole or in part, shall have been recorded. Page 7. 22. Invalidation of any of the aforesaid covenants and restrictions by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect. Failure to enforce any provisions herein contained in any particular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent or other violation. e~~ o' ' ZN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. ~ George Toumanoff , Jane Toumanof ~ 1, STATE OF NEW YORK: ss.. ' COUNTY OF SUFFOLK: On the2~thday of April , 198 2 before me personally came GEORGE TOUMANOFF and JANE TOUMANOFF, to me known, who, being by me duly sworn, did depose that they reside, at 19 Lloydhaven Drive., Huntington, New York, that they are the individuals de- scribed in and who executed the foregoing instrument and acknowledged that they executed the same. 1 Notary Public BARBARA (r1ACHUN Noiery PuDlir Sl alo of Nrw Y~nA No. 57-M1G3b190 :;ultolk Com dy a:ommission Expires DAareh 3U, lti $y