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Home My WebLink About1000-103.-1-20.2 e. . 11180PG31S DECLARATION OF COVENANTS AND RESTRICTIO~ - J j;:'",U THIS DECLARATION made by BARBARA SOWINSKI this J fI- J day of o u(-r.; fYI:JL ~~1i8I1lBar, 1990, residing at 151 East Neck Road, Huntington, New York, hereinafter referred to as the DECLARANT, as the owner of the premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and /(~{--90 enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed (() Rf'fl subject to the following covenants and restriction: 1. DECLARANT has made application to the Suffolk County DIST 1000 Department of Health Services (hereinafter referred to SEC 10300 as the DEPARTMENT) for a permit to construct, approval of plans or approval of a subdivision or development on BLOCK 0100 the PREMISES. LOT 020002 2. WHEREAS, the test wells sampled for the PREMISES indicated a groundwater supply that had contamination in excess of the minimum drinking water standard and/or guidelines of the State of New York and contained excess of the following: DICHLORODIFLUOROMETHANE WHEREAS, the County of Suffolk Department of Health Services has agreed to issue a permit only if there be a record covenant that the necessary water conditioning equipment be installed so as to meet the quality standards for drinking water; it is DECLARED and lllSOPG31. . COVENANTED by DECLARANTS,. . their heirs or successors and assigns forever, that no residence upon the above described property will be occupied prior to the installation of the necessary water conditioning equipment so that the water, when conditioned, meets the said minimum quality standards for drinking water of the state of New York and evidence of the same is furnished to the Suffolk County Department of Health Services for their written approval. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be --, 11180P~321 . incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the county of Suffolk or any officer or employee thereof. 7. 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 only with the written consent of the DEPARTMENT. 8. 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. 9. Local Law #32-1980 The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, -, ~ . ~".f. 1 New York state, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. ~ -y / . , STATE OF NEW YORK 55.: County of Suffolk I, EDWARD P. ROMAINE, Clerkofthe County of Suffolk and Clerkofthe 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 ~ ~"'- Y)I-<r .;L~, /4'7' ()ffL 't.~,P,.,., ~ ~ 1/1 Hlf 31 &' and that it is a just and true copy of sucn onglnal J , ,~ A' ~ of the whole thereof. /--' - and 1 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County andco~~:h.i~........ .~~. ~~~~:. .~.=........... .1.9.~~.... .~. 11 ~of<~J ~ Clerk. Form NO.1 04 12.1....1218... STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) ...,.-' CJa0\ou.. " On the --' of Se!l'Eembe:t:, 1990, before me personally came BARBARA SOWINSKI, to me known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge that she executed the same. ~~...' u .. S 'Z'ru ~ I .~ NOTARY PUBLIC ._~.. .. ...,.~, ~ .. .....,.. au...."', l~\-. (\, Comm'ullo...... tan,1tUL --, T . . -- ., 11180PG322 SCHEDULE A DECLARANT BARBARA SOWINSKI NAME OF SUBDIVISION: BAY COVE - 89-511. All that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying, and being at Cutchogue, Town of Southo1d, County of Suffolk, state of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Harbor Lane distant 2,623.28 feet southerly from the corner formed by the intersection of the southerly side of Main Road with the westerly side of Harbor Lane; running thence along the westerly side of Harbor Lane, South 7 Degrees 58 Minutes 50 Seconds East 126.43 feet to land now or formerly Madzelan; thence along said last mentioned lands to the following two (2) courses and distances: (1) south 70 Degrees 01 Minutes 00 Seconds West 405.26 feet to a pipe: and (2) South 84 Degrees 03 Minutes 30 Seconds West 145.07 feet to a post and lands now or formerly of Orlowski; thence along said last mentioned lands North 2 Degrees 10 Minutes 10 Seconds East 519.15 feet to a monument and lands of Dalchet Corp., thence along said last ~ mentioned lands south 87 Degrees 49 Minutes 50 Seconds EAst. 314. 82 " ?_ feet to a monument and lands of Hommel; thence along said lands of ~ Hommel, Manarel, and now or formerly of Lyons South 7 Degrees 58 Minutes 50 Seconds East 250 feet to a pipe; thence along said lands now or formerly of Lyons, North 82 Degrees 10 minutes 10 Seconds East 140.00 feet to the westerly side of Harbor Lane, the point or place of BEGINNING. ., . ";'v. "'i'~i<'-"-c"S~<:.V~;'f-:r:~?:.'/!''''- ~ - - . 11180PL323 SCHEDULE B CONSENT OF MORTGAGEE/LIENOR DECLARANT BARBARA SOWINSKI NAME OF SUBDIVISION: BAY COVE -89-511 In the matter of the application of BARBARA SOWINSKI the undersigned, the declarant, hereby represents and warrants that there is no mortgagee holding any mortgage lien on the premises and I own the same free and clear of all such liens. ~~~~. BARBARA SO SKI- DECLARANT ACKNOWLEDGEMENT STATE OF NEW YORK) )ss. : COUNTY OF SUFFOLK) tI D~ On the .::?' day of Da:ptl>Mer, 1990, before me personally came BARBARA SOWINSKI, to me known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge that she executed the same. ~'~""~~ NOTARY PUBLIC MELANIE .. DO\'tINIn' ~~............ ^.._ 48tllll4 .....1lfIed In ....... QIunIy a I Commll8lon ...... t2l21/flJJ r ~... ,fitl Hr':J'':lED IN THE MATTER OF MINOR SUBDIVISION OF: BARBARA SOWINSKI Nav 28 ,d ~..~ O"f 'Qn , ('J [ " ..:!J .... ,.,. ,.,. ~ ~ ~ ~ SUFFOLK COUNTY TAX MAP NUMBER 1000-103-1-20.2 EDWARDP RO~AINE CLL HK OF SUFfOLK COUNTY ~ I . . DECLARATION OF COVENANTS AND RESTRICTIONS DATED: , 1990 RECORD AND RETURN TO: . . .' ! PATRICK A. TROISE ATTORNEY AT LAW 9 PRESIDENT STREET HUNTINGTON STATION, N.Y. '1746 t { . . 11024P.C413 DECLARATION OF COVENANTS AND RESTRICTIONS This declaration made this 15th day of December, 1989 by BARBARA SOWINSKI, residing at 151 East Neck Road, Huntington, New York, hereinafter referred to as the Declarant, as the owner of the premises described in Schedule "A" annexed hereto (hereinafter 't'eferred to as the PREMISES), who, having applied for a minor '.- /" I~'"'~~IO subdivision of the Premises to the Planning Board of the Town of ;. ~ i ~ ~) Southold; and, the Suffolk County Planning Commission report dated ~. 1-1,- 0 June 8, 1989, 1000 }0300 01'00 ()C}O OOJ- desiring to comply with the Planning Board's request and to having been duly accepted by the Planning Board requiring the creation of a certain covenants and restrictions to be filed in the Suffolk County Clerk's Office, and the Declarant restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. No lot line on any lot of the subdivision of the PREMISES shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the upland edge of the tidal wetlands on the adjacent property to the south and southwest of the PREMISES. 1 8'), )~ :0 \ "( ~ ~ c..::> .0- ...1' ~ ~ '-" . . SCHEDULE "A" All that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying, and being at Cutchogue, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Harbor Lane distant 2,623.28 feet southerly from the corner formed by the intersection of the southerly side of Main Road with the westerly side of Harbor Lane; running thence along the westerly side of Harbor Lane, South 7 Degrees 58 Minutes 50 Seconds East 126.43 feet to land now or formerly Madzelan; thence along said last mentioned lands to the following two (2) courses and distances: (1) South 70 Degrees 01 Minutes 00 Seconds West 405.26 feet to a pipe: and (2) South 84 Degrees 03 Minutes 30 Seconds West 145.07 feet to a post and lands now or formerly of Orlowski; thence along said last mentioned lands North 2 Degrees 10 Minutes 10 Seconds East 519.15 feet to a monument and lands of Dalchet Corp., thence along said last mentioned lands South 87 Degrees 49 Minutes 50 Seconds East 3314.82 feet to a monument and lands of Hommel; thence along said lands of Hommel, Manarel, and now or formerly of Lyons South 7 Degrees 58 Minutes 50 Seconds East 250 feet to a pipe; thence along said lands now or formerly of Lyons, North 82 Degrees 10 minutes 10 Seconds East 140.00 feet to the westerly side of Harbor Lane, the point or place of BEGINNING. 4J ~ 2011. ~ ~( ,..- ;;;: R~i\lck A 1IiolS 'c qp I /'l ,jJ ' l'{ tl ! . ~~ ..:.) ;...- -.J :" -,. C". "'i(~~ ~ ~ 0" ;::) 4J '" 1" .,:). ".,,i 1',,+ cr g / t J , J(J~/b . . 3. Erosion and sediment control measures shall be required ~ during and immediately after construction an each lot to insure .~ that stormwater runoff will not carry eroded and other deleterious c...=> =- ~~ materials into the nearby branch of Baldwin's Creek and the tidal N Cj wetlands bordering the branch of the Creek. ~ ~ 4. These covenants and restrictions can be modified only at the request of the then owner of the PREMISES with the approval of a majority plus one of the Planning Board of Southold 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. 5. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of the execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 6. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, her successors, and assigns, upon persons or entities claiming under them. 7. 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, 2 lJ":) 'l!""'4 ~ c..=> =-- <14 C\.l o .-I ..-4 . . 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. cP~~k' L.S BARBARA/S6WINSKI 3 eD .... ~ c..:::> c..... ....,. C\l <:) ~ .... . . ACKNOWLEDGEMENT STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the 15th day of December, 1989, before me personally came BARBARA SOWINSKI, to me known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge that she executed the same. (!1I1CtJ[ Iv{ . 14;.uHI"'/i T[/t.1 ilN-W. -5/f-mf/{ e~Lj .tj QS-7<!f () . d ~~~; /q/!6f'1/ .; ~ (~-AIl It!. IAu$"x./iC62::>- OTARY PUBLIC f