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HomeMy WebLinkAbout1000-106.-8-50.3DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 29th day of October, 1984', by Luia San Andres, residing at 28 Cadmam Place West, Brooklyn, New York and David J, Saland, residing at (No #) Hain Road, Jamesport, New York, hereinafter referred to as the "Declarants"; WHEREAS, the Declarants are the owners in fee simple of a certain parcel of land situate at Laurel, Town of Southold, County of Suffolk and State .of New york, being the premises described in deed dated January 16, 1984, made by Stanley Sledjeski and Helen Sledjeski, his wife, recorded in the Suffolk County Clerk's Office on February 1, 1984 in Liber 9505 at page 387 et seq, a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises"; WHEREAS, the Declarants intend to subdivide said premises into four lots for residential purposes and desires tu subject said premises to certain conditions, covenant~ and restrictions, at the request of the Southold Town Planning Board; NOW THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that SC. D LE ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattltuck, in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and des- cribed as follows: BEGINNING at a monument set on the easterly side of Sunset Drive at the southeasterly terminus thereof, as said street is laid out and shown o~ a certain map entitled, "Map of Sunset Knolls, Section Two", and filed as Map No. 5448; running thence along land now or formerly of Sledjeski three courses and distan- ces as follows: -(1) South 22" 22' 30" East, 113.87 feet; (2) North 67" 37' 30" East, 186.39 feet; (3) North 22" 22' 30" West, 100.74 feet to the southerly side of Lot 48 as shown on "Map of Sunset Knolls, Section Two" (filed map no. 5448); running thence along the southerly lines of Lots 48, 47, 46, 45, 44, 43, and 42 on the "Map of Sunset Knolls, Section Two (filed map no. 5448), North 71" 39' 20" East 725.91 feet; running thence North 11" 07' 00" West, 0.31 feet to the southwesterly terminus of DogwoOd Lane; running thence along the southerly line of Dogwood Lane and Lot 41 on "Map of Sunset Knolls, Section Two" (filed map no. 5448), North 78" 53' 00" East, 250.39 feet to land now or for- merly of Charles Kleinschmidt; running thence along said land now or formerly of Kleinschmidt the following two courses and distanc~ (1) South 11" 07' 00" East, 90.67 feet; (2) South 11" 34' 00" East, 182.00 feet; running thence along land now or formerly of Kleinschmidt and land now or formerly of Stephen W. Kistela South 11" 11' 00" East 432.95 feet; running thence along land now or formerly of M.S.T. Construction Corp. the following seven courses and distances: (1) South 78" 49' 00" West, 267.00 feet; (2) South 11" 11' 00" East, 80.00 feet; (3) Thence along the arc of a curve to the left whose radius is 225.69 feet for a distance of 159.07 feet; (4) South 51"34' 00" East, 97.64 feet; (5) Thence ~alOng the arc of a curve to the left whose radius is 283.58 feet, for a distance of 98.99 feet; (6) South 71" 34' 00" East, 50.00~ feet; (7) Thence on a curve to the left whose radius is 25.00 feet, for a distance of 39.27 feet to the northwesterly side of Luther's Road; thence along the northwesterly side of Luther's Road, South 18" 26' 00" West, 233.87 feet to land 'now or formerly of Barbara T. Roesch; running thence along said land now or for- merly of Barbara T. Roesch, the following two courses and dis- tances: (1) North 88" 31' 16" West, 60.31 feet; (2) South~ 76" 36' 25" West, 63.67 feet to land now or formerly of Joan Tsontakis thence along land now or formerly of Joan Tsontakis three courses and distances-as follows: (1) North 15" 01' 46" West, 77.77 feet; (2) South 74" 58' 15" West, 68.27 feet; (3) South 63" 24' 15" West, 118.89 feet to land now or formerly of William P. Johnson; thence along land now or formerly of William P. Johnson, the following four courses and distances as follows: (1) North 26" 39' 09" West, 222.16 feet; (2) South 69" 42' 51" West, 113.73 feet; (3) South 23" 36' 49" East, 7.11 feet; (4) South 63" 03' 29" West, 222.87 feet to the easterly line of Playground as shown on "Map of Rosewood Estates," (filed map no. 5240); thencel along the easterly line of Playground as shown on said "Map of Rosewood Estates," (filed map no. 5240), North 23" 58' 09" West, 84.09 feet to a monument; thence along the northerly line of the. Playground and Recharge Basin as shown on "Map of Rosewood' Estates", (filed map no. 5240), South 74" 06' 11" West, 373.66 feet to land formerly of C. Murphy, now or formerly of Adam F. Gatz; thence along the last mentioned land the following two courses: (1) North ~2° 52' 58" West, 485.50 feet; (2) North 22" ~5' 58" West, 316.531eet to the southwesterly ~ner.of the Recreation Area, sho~ on "M~p o~ Sunset Knolls,~'Sectlon Two", (filed map no. 5448); thence along the southerly and easterly lines of Recreation Area on "Map of Sunset Knolls, Section Two," (filed map no. 5448) two courses and distances as follows: (1) North 67" 37' 30" East, 178.45 feet; (2) North 22" 22' 30" West, 113.87 feet to the southwesterly terminus of Sunset Drive as shown on said "Map of Sunset Knolls, Section TWo," (filed map no. 5448); thence along the southerly line of Sunset Drive, North 67" 37' 30" East, 50.00 feet to the point or place of BEGINNING. TOGETHER with a 10 feet drainage easement along the easterly and southerly boundaries of premises heretofore conveyed by Stanley Sledziesky and Leo Sledziesky to Estelle J. Olsen by deed dated June 20, 1972, recorded in the Suffolk County Clerk's Office on June 26, 1972, in Liber 7185 of deeds at page 116. SUBJECT TO a 50 foot right-of-way, more particularly des- cribed as follows: BEGINNING at a monument set on the easterly llne of Sunset Drive at the southeasterly terminus thereof as said street is laid out and shown on a certain map entitled, "Map of Sunset Knolls, Section Two," (filed map no. 5448); running thence along land now or formerly of Stanley Sledjeski two courses and dis- tances as follows~ (1) South 22" 22' 30" East, 113.87 feet, (2) South 67" 37' 30" West, 50.00 feet to the southeast corner of a Recreation Area as shown on the "Map of Sunset Knolls, Section Two," (filed map no. 5448); thence along the easterly boundary of the aforesaid Recreation Area, North 22" 22' 30" West, 113.87 feet to the southwesterly terminus of Sunset Drive as shown on the "Map of Sunset Knolls, Section TWo," (filed map no. 5448); running thence along the southerly line of said Sunset Drive North 67° 37' 30" East, 50.00 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part by deed from Charles A. Hickmann, dated October 16, 1979, recorded in the Suffolk County Clerk's Office on November 1, 1979, in Liber 8723 page 74. 4:56 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. Article 1. Neither of the four lots in the aforesaid subdivision shall be further subdivided in perpetuity. Article 2. Any dwelling constructed on a subdivided parcel shall c~sist of no less than 1,300 sq. ft. of living space, excluding garage and open porches. IN WITNESS WHEREOF, the Declarants have hereby executed this Declaration of'~. ' ]\ ~ ~ J ~:'~f~//~-~f/.~/~°venan~s a~d ~estr~ctio~s tb'~th~_ day of October, STATE OF NEW YORK: COUNTY OF SUFFOLK On the 29th day of October, 1984, before me personally came Luis San Andres, to me known to be the individual described in and who executed the foregoing instrument, and he acknowledged that he executed the same. PdlUPJ. ~RI)INALE STATE OF NEW YORK: COUNTY OF SUFFOLK On the 29th day of October, 1984, before me personally came David J. Saland, to me known to be the individual described in and who executed the foregoing instrument, and he acknowledged that he executed the same. Notary Public PHIUPJ. ~RDINALE NOTARY PUBLI~. SMe o~ New Yell No~ 52.472510~, So~ County , Comml~o~ Exl~r,~ Abrcb 30, STATE OF NEW YORK County of Suffolk SS.: I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being..a Court of Record) DO H.,EREBY CERTIFY that I have cgmpared the anr~xed copy of /~~~ ~ " ' ' . ---- /?~'.~' ~ 3 '~-3t° :"-"'~.'~j~..~ and that it is a just and true copy of such original ,.,~_...~..~.-t~X-- and · ' ' ~'~- of the whole thereof, ~IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said , and Court this ~, / dayof ~ 19,)'J~-