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· MAR J
\'jdG
DECLARATION OF COVENANTS
AND RESTRICTIONS
'}rvlJ c
'IFIS INDENTURE made this? day of r #8R..v/?-/2 /, 1985 by
Richar~ T. Carr, residing at c/o Shamrock Properties Corp., 350
Fifth Avenue, New York, New York, hereinafter called the
Declarant.
HHEREAS, the Declarant is the oJ'ner in fee simple of a certain
parcel Df land situate at Mattituck, Town of Southold, Suffolk
County, New York and designated on the Suffolk County Tax Map as
District 1000, Section 101, Block 1, Lot 5, containing approximately
two acrl~s, being the same premises acquired by the Declarant by deed
dated January 19, 1986 and recorded in the Suffolk County Clerk's
Office on January 19, 1986 in Liber 9498 of deeds at page 182, and
referred to herein as the "premises".
WHEREAS, the Declarant intends to use said premises for
resident.ial purposes and desires to subject said premises to certain
conditicns, covenants and restrictions in order to preserve the
maximum open space, natural scenic beauty, natural vegetation and
to prevent overcrowding and to conserve the ground water resources
of the TDwn of Southold, and
WHEREAS, the Declarant has applied to the Planning Board of
the Town of Southold for approval of the set off of the premises,
NOW THEREFORE, the Declarant does hereby declare that the
aforesaid premises and every portion thereof is hereby held and
shall be conveyed subject to the conditions, covenants and
restrict:.ons 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
hereinaft.er set forth.
..
J'8[~ 9985 PACE 91
.
.
1. No lot shall be subdivided or its lot lines changed in
any manner at any future date unless authorized by the Town of
Southold Planning Board.
2. Due to the minimum lot area requirement of the zoning
classification of this property being considerably less than the area
of Lot 2, the lot shall be made subject to a restriction than will
prohibit future subdivision.
3. All new driveways on Middle Road shall make an angle of
at least 70. and preferable 90. with the county road.
4. All new driveways on Middle Road shall have a turnaround
provision, such as a T-shaped shunt, so that a vehicle leaving a
lot will not have to back out into the traffic stream on the road.
5. No driveway or entrance road on Middle Road and Elijah's Lan,
shall be located within fifty (50) feet of the ends of the shore
radius curve connecting the northerly side of the right-of-way of
Middle Road with the easterly side of the right-of-way of Elijah's
Lane.
6. All stormwater runoff resulting from the development
and improvement of this subdivision or any of its lots shall be
retained on the sire by adequate drainage structures so that it will
not flow out onto the right-of-way of Middle Road.
7. That all of the covenants, conditions and restrictions
contained herein 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, their heirs, successors and assigns; any owner of any
portion of the aforesaid premises, their heirs, successors and
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LlW 9985 fAGE
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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.
IN WITNESS WHEREOF, this indenture has been executed the
day and year first above written.
7L
CARR
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On the /S" day of d/~tU"'1 ' 1986, before me personally
came Richard T. Carr, to me known to be the individual'described
in and who executed the foregoing instrument, and acknowledged
that they executed the same.
.~_.
// #
STATE OF NEW YORK
55.:
I
County of Suffolk
Suffolk and Clerk of the Supreme Court of
I JULIETTE A. KINSEllA, Clerk of th~ cOcuntYtOf(Said Court bein\j, a Cour!..of Reco~) DO .,"" -P~
, f N York m and for said oun Y ~~ 1f~ T
~;;~~~ ~ER;~;J~~;V~~';}t:t d~~~ ;:,o~ .liA/ 97',(-5 ~ ~~
~~ a just and true copy of such ongmal
of the whole thereof. .
h d nd affixed the seal of said
IN TESTIMONY WHEREOF'Jbavehereuntose~~aa 19!'t
. /1 ./ Y<tJ day of ..y ~
'. :.Qoun ty and Court thiS or'~ ~ // . ~
: ~.,.t.,I~..""
. .",.,.,.,.,.,...,.. ., Clerk.
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