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HomeMy WebLinkAbout1000-107.-10-6 RECOR])ED IN '£1i5 SUFFOI,K COUNTY CLEP, I['S OFFICE ON ~ 8, 2001 AT 9:44 A.M. IN LIBER 12123 PAGE ~9. DECLARATION OF COVENANTS _AND RESTRICTIONS DECLARATION, made the /~'~day of June, 2001, by JOHN StDOR, JR., residing at 3980 V~rmkham Avenue, Mattituck, New York, hereinafter referred to as the Declarant_ ~rH:EREAS, the Declarant is the o~x.ner of certain real property situate at Wicldlam A_xrenue, Mattituck, Town of Southolch Count)- of Suffolk and State of New York, and WHEREAS, the Declarant has made application to the Plmafing Board of the Town of Southold for approval of a three lot minor subdivision kno~qx as '~Minor Subdivision tbr John Sidor", and WHEREAS, for and in consideration of the granting of subdivision approval, the Plarming Board of the Town of Southold has required a covenant that Lot 3 on said map not be further subdivided, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and V~.~TEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant m~d subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make know, m, achnit, publish, covenant and agree that the said premises described in Schedule "A" annexed hereto shall hereafter be subject to the following covenant which shall mn xx4th the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to ~vir: 0 1. DECL.~RANT agrees and consents that the five (5) acre portion of Lot 3, Development Rights In,ct, shall not be subdivided into two or more lots, and shall remain as a single lot. 2. These covenmxts and restrictions can be modified only at the request of the then o~xmer of the lot with the approval of a majority plus one of the Planning Board of the Tox~ of Southold after a public hearing. Property owners of other lots in the subdivision shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 3. Th/s covenant shall not preclude the construction of such structures on such five (5) acre parcel or use of the five (5) acre parcel for such uses as are permitted by the Zoning Code of the Town of Southold. including without limitation permissible multiple uses. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year fu-st above x~itten. ~John Sidor, Jr.~ STATE OF NEW YORK, COUNTY OF SUFFOLK, SS.: On June ~J~ 2001, before me, the tardersigned, a Notary Public in and for said State, personally appeared John Sidor, Jr., personally knox~a~ to me or proved to me on the basis of satisfactot3' evidence that he executed the same in his capacity arid that by his signature on the instmme, nt, the individual, or the person or enti~.upon behalf of which the individual acted, executed the instnanent. ~.' ~ ~-Notary Public .~J~-~--~t4~ ~/~, ~ ~o. 4~51459, Suffolk Count'/ ~n A'~,~orn.~¢/'at Low, cso F, ere, by ce~'D/ 1~ [-'~! ~ast ~8, a.nd hc~e fm:nd.~ it.jo be .a true end_~ SCTM# 1000-107-10-p/o 6 (five acre parcel) SCHEDULE "A" All that certain plot, piece or parcel of land, situate, lying and being in Mattimck, in the Tovm of Southold, Comity of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (CFR. 48) wkiclx point is a distance of 128.41 feet along the arc of a curve having a radins,of 3879.72 feet westerly from the southwesterly comer of land now or formerly of Anthony and Edith Kmpski; Running thence further westerly along the north side of Middle Road (C.R. 48) along the arc o£a curve having a radius of 3879.72 feet a d~stance of 386_19 feet; running thence - further along the nbrth side of'Middle Road (C.R. 48), South 38 degrees 43 minutes 03 secon~Is West, 21'9.22 feet to land of Catherine Sidor; Runnm~ thence along land o.f Catherine Stdor, North ~ 0 degrees ~ 8 minutes 46 seconds W? .' 4 · est, ~77.7 feet to a point; Running thence through lands of John Sidor, Jr., North 38 degrees 43 minutes 03 seconds East, 606.36 feet to a point; Running thence South 31 degrees 24 minutes 32 seconds East, 396.31 feet to the poh~t or place of BEGINNING. re ;'chajs3 RECEIPT Suffolk County Clerk Edward P.Romaine County Clerk Receipt Number: 01-0065994 Payee Name: WICKHAM, WICKHAM & BRESSLER, PC DESCRIPTION TRANS AMOUNT Page/Filing $12.00 Handling $5.00 COE $5.00 ~P-58~ $o.oo Notation $0.00 ~ert. Copies $0.00 RPT $15.00 SOTH $0.00 Fees Paid $37.00 LIBER D00012123 PAGE 019 DA~E: 06/08/2001 TIME: 09:44:41 AM SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE. Type. of Instrument: Number of Pages: 7 DECLARATION CO%rENANT/RESTRICTIO District: Section: Block: 1000 107.00 10.00 Recorded: At: LIBER: PAGE: EXAb~INED AND CRARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $21.00 NO Handling COE $5.00 NO TP-584 Notation $0.00 NO Cert.Cop±es RPT $15.00 NO SCTM Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 02/13/2001 10:13:44 A~ D00012102 081 Lot: 006.000 Exempt $5.O0 NO $0.00 NO $4.00 NO $0.00 NO $5o.oo Number of pages '[ TORRENS Serial # Certificate # ' Prior CtE it Deed / Mort~fige Instrument Deed / Mortgage Tax Stamp "'_ ' ' ~ .... ;: ..... ~'" · : _,.,~E~S ,.I : -...~.~ ;;, :' -, ~ ~ Page / Filing Fee Recording [ Filing Stamps Mortgage Amt. Handling TP-584 l. Basic Tax 2. Additional Tax Notation Sub Total EA-52 17 (County) Sub Total EA-5217 (State) }LP.T.S.A. Comm. of Ed. ~ffi~ta~it~. "- )~ ~t~."cbi~ Other 5 O0 Sub Total GRAND TOTAL Date Real P~-operty Tax Service Agency Verification Dist. Section B lock Lot i000 107.00 Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County.__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO If NO, see appropriate tax clause on page # __ o f this instrument. con-tm,unity Preservation Fund Considera{ion Amount $ 10.00 006. 000 CPF Tax Due $ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, New York 11952 Improved Vacant Land TD TD TD 91 This page forms part of the attached 8 I Title Company Information Co. Name Title # Suffolk County Recording & Endorsement Page Declaration of Covenants and Restrictions JOHN SIDOR, JR. TO SUFFOLK COUNTY DEPARTKENT OF HEA~TH SERVICES (SPECIFY TYPE OF INSTRUIVlENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORIC In the Townstfip of Southold In the VILLAGE or FbkM~ET of Mat tituck made by: BOX3~S 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. Ifa portion of yottr monthly mortgage payment included your property taxes, you will now need to contact your loeai Town Tax Receiver so that you may be billed directly for all future property thx bills. :~ ' Local property taxes are payable tx~ice a year: on or before January l0th and on or before May 31s~. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Hoxvell Avenue Riv~rhead, N. Y. 11901 (516) 727-3200 Broo 'khaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-55g0 Southampton To~vn Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y_ t 1971 (516) 765-1803 Sineer61y, ' Edward P. Romaine Suffolk County Clerk aw 2/99 O PRIVATE WELL COVENANTS DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECL~/RATION made by JOHN SIDOR JR., residing at 3980 Wickham Avenue~ Mattituck, New York 11932, this [~{~ day of November~ 2000~ hereinafter referred to as the DECLARAble, as' the owner of premises described in Schedule "A" anr~exed hereto (hereinafter referred to as the PREMISES) desires to restrict the u~e and enjoyment of ssld PREMISES and has for such purposes deter~ne~ to ~pose 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.: i. WHEREAS, DECLAPJ~NT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEP3~RTMENT) for a perm/t to construct, end, or approval of plans for a single family residence, a subdivision or development or other construction project on the PR~±SES; and 2. WHEREAS, the PREMISES are to be served by an individual on-s~te private wellA and WHEREAS, the test wells sampled for the PREMISES indicated a groundwater supply that had contamination in excess of the minimum drinking water Stan~d and/or guidelines of the State of ~ew York and contained excess of 5he following: Total Nitrates and Nitrites exceed New York State guideline for potable water_ Total A~dicarb exceeds New York State guideline for potable water. A complete list of analysis results is attached hereto as Schedule C, and each chemical parameter which exceeds 60% of the acceptable level is indicated with an asterisk; and 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 COVEI~A/~TED by DECLARANT, their heirs or successor and as. signs forever, that no residence upon the above described property will be occupied prior to uhe installatzon 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 DECI~/{ANT~ ~ts 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. Ail of 5he covenants and restrictions contained herein shall be construed to be in addition to and not mn 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 nime such laws~ © © ordinances, and/or regulations may thereafter be revised, a/aendedr or promulgated. 5. This document is made subjec5 to the provisions of all laws required law or by their provisions to be incorporated herein and they are deemed to incorporated her~in and /node a part hereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the :County of Suffolk, Sta~e 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 covenan5 nor to~Lmpose a~y liability whatsoever upon the County of Suffolk o~ i.any officer or employe~ thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLAPJ%NT, it suQcessors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended oraly ~ith the written consent of the DEPART[~ENT, 8. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. 9. 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 ~hole, or any other part or provision hereof other than the part so adjudged ~o be illegal, unlawful, invalid~ or unconstitutional. 10. Local Law ~32-t980 - The DECLARANT represents and warrants, that he .has not offered or given any gratuity to any official, employee, or agent of Suffolk County, 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 wiuh 5he provisions of Local Law ~32-1980. JO R~ J~. STATE OF NEW YORK, COUNTY OF SUFFOLK: ss: On the ~ day of November, 2000, before me, the undersigned,-a l~otary Public in and for s=id St=T~=, personally appeared JOHN SIDOR, JR_, personally known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacit~ and that by his signature on the instrument, 5he individual, or the person u~on behalf of which the individual acsed, executed the instrument. ~-~ Notary Public 2t-c&rhdwts DONi'~A NI. CHiTUK (',]r, TAR¥ ~BLIC, Sb'm of N~ Ymrk ~a. 485145§, Su,,=~.k C~u~:ty 'l'grFq ~aires Augu~ 18, L'~ z_ © © SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: JOHN SIDOR, JR., fee owner by virtue of deed dated 3/11/96, recorded 3/21/96 in Liber 11766 page 904_ H.D.REF. NO./NAME OF SUBDIVISION: S10-00-0006~ JOHN SIDOR, JR. SUBDIVISION ALL that certain plot, piece, or parcel of land, situate, lying and being at Mattftuck, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows; · .BEGINNING, at a monument on the nqrthwesterly side of Middle Road (C.RL #48) al: the southeasterly corner · . of the- premises here n descr bed add, ~he southwesterly corner ef land now or formerly of Anthony and Edith. Krupski; ;RUNNING THENCE southwesterly along the northwesterly side of Middle Road (C.R. #48) along an arc of a · 'curve bearing to the left having a radius of 3879.72 feet, a distance of 514.60 feet; THENCE South 38 degrees 43 minutes 03 seconds West still along the northwesterly side of Hiddle road (C.R. #48), 219.22 feet to land now 6r formerly of Sidor; THENCE North 30 degrees 38 minutes 46 seconds West along said land now or formerly of Sidor, 1270.83 feet; THENCE North 55 degrees 47 minutes 11 seconds West along land now or formerly of Marlo and Florence Belletti, 136.4:[ feet to the southeasterly side of Wickham Avenue (formerly Old Middle Road); THENCE northeasterly along said southeasterly side of Wickham Avenue the following three (3) courses and distances: 1. North 49 degrees 10 minutes 53 seconds East, 245.27 feet; 2. along an arc of a curve bearing to the left-having a radius of 664.64 feet, a distance of 439.73 feet; and 3. North 1:1 degrees :L6 minutes 28 seconds East, 67.71 feet to land now or formerly of Martin H. Sidor; =THENCE South 3:[ degrees 07 minutes 22 seconds East along said land now or formedy of Martin H. Sidor, :165.00 feet; THENCE North 58 degrees $2 minutes 38 seconds East still along said land, 80.00 feet Lo land now or formerly of Anthony and Eileen Krupski; THENCE along said land now or formerly of Anthony and Eile'en Krupski the following three (3) courses and distances: 1. South 3:[ degrees 07 mif~utes 22 seconds East, 64.78 feet; 2. South 30 degrees 23 minutes 12 seconds East, 391_07 feet; and 3. South 3:[ degrees 24 minutes 32 seconds East, 851.87 feet to the northwesterly side of Middle Road (C_R_ #48) and the point or place of BEGINNTNG. SCHEDULE B - CONSENT OF MORTGAGEE/LIENOR NONE SCHEDULE C - RESULTS OF WATER A~]ALYSIS SEE ATTACHED To~al Aldicarb (calc) ............ - 28 000 7 O0 ~g/L * Aldicarb Sulfone ................. = 15_000 ~g/L C~rbofuran ........................ < 0.500 40.00 ug/L 0.20 u~/h 0.20 ug/L 0_40 0_20 50.00 uo/L 50_00 ug/L O-~--~my3 ............................ < 0_500 50.00 ug/L Me~homyl ......................... ~ 0.50D 50_00 ug/L Propoxur (Baygo~) ............... < 0.500 50_00 u~/D Me~hioc=rb ...................... < 0.500 50_00 u~/L Deisopropylacrazina (G-2B279) .... Alachlor OA (O×~±lic Acid; ....... ~lachlor ESA (Sulfonic Acid) ...... < 0.8'00 50_00 u9/L 0.2OO 50.00 ug/L 0.~00 50 O0 ug/L Metolachlor OA (CGA-51202) ...... < 0.300 50.0~ ug/L M~tolachlor ESA (CGA-~5~743) ...... = 0.~0 50.00, n~/L La~d (Phi ......................... < 1.00O 15_0~ ug/L Selenium (se) ................... < 2.000 50.00 ug/L Thorium (Tn) ...................... < 1.000 u~/L Th~lliuln (Ti) .................... < 1.000 2_00 u~/L Va~adi%k~ (V) .................. < 1.000. ug/L Zi/%c [Zn) ......................... < 50_000 5000.0~ ug/L %ro~ (Fe) .................... < 0.100 0.30 mo/L Sodium (N~) ..................... - 11.60D 270.00 m~/L Results for sample Group: S~iI-WOL~TILE EPTC .............................. ORGANICS a~lyzed by Suffolk County Department of ~ealuh Se/trices ========== 1 000 50.00 ug/L 0.200 1_00 ug?L 0_200 4_00 ug/L 0_200 3.00 ug/L 0_000 4.00 ug/L 0.200 50_00 ug/L 0.200 2.00 ug/L 0-200 u~/L Met olachlor ...................... < 0_200 50_00 ug?L Dacthal .......................... < 0_200 50_00 ug/L ~utachlor ....................... < O.O00 50.00 ug/L Iq, e~lwh_aa a .................... < t. O:OCr 50~. O~ u~/~ ~o~ ........................... < 0.~00 SO.OD ~g/L Sumith~n ........................ < ~.20D 5~.0p R~e~hrin ..................... < 0_~00 50_00 u~/L D~uhior%~eni 1 ...................... < 0. ~O0. 501_ 0~ 1,t,1 Trichloroe~ana .......... < 0.500 tert-Amyl-Etnyl-Ether ............. < 0 500 50.00 Benzene .......................... < 0.500 5_00 ug/L Toluene .......................... < 0_500 5.00 Chlorobenzer~a ................. < 0.500 5 O0 u~fL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE .TYPe of Instrument: Number of Pages: 12 DECLARATION COVENANT/RESTRICTIO 'District: Section: Block: 1000 107.00 10.0.0 Recorded: At: LIEER: PAGE: EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $36.00 NO Handling COE $5.00 NO TP-584 Notation $0.00 NO Cert. Copies RPT $31.00 NO SCTM Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 02/i3/2001 10:13:44 A~I D00012102 082 Lot: 001.000 Exempt $5.00 NO $0.00 NO $6.00 NO $0.00 NO $83.00 TORRENS Serial # Certificate #' Prior Cfi. # Deed ~ M'ortgage' Instrument. · ' Deed ,' Mortgage Tax Stamp Page / Fitin~ Fee ' ' Hgndl ng TP-Sg4 Notation EA-52 17 (Count)') __ Sub Tolal EA-5217 (State) R.P.T.S.A. Comm. of Ed. Reg. Copy Other 5 O0 Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot 1000 107.00 10.00 001.000 1000 107.00 /_0.00 003. 000 100o lO7.00 lO.O0 oo .ooo Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, New York 11952 ~O~:i "---_-b J. 3 :..C;~:.;}~r-4- :'~ "~" 5<.F-?'-2:_¢~ '2.05~?S' L Recording ~ Filing Stamps Mortgage Am~. 1. Basic Tax 2. A~dditional Tax Sub:Total Spec./Assit. Spec./Add. TOT. MTG. TAX Dual '~own Dual Count' Held for Apportionment Trmisfer Tax Mansion Tax The property covered by this mortgage is or wil! be improved by a one or two family dwelling only. YES. or NO If Iq'O, see appropriate tax clause on page # · of this instrument. Co~dnity Preservation Fund Consideration Amount $ CPF ~Ta-x. Due $ Improved Vacant Land TD TD TD ,I s I Title Company Information Co. Name Title # Suffolk County Recording & Endorsement Page TbJs page forms pa~t of the armched Declaration of Covenant and Restrictions CATHERINE SIDOR a/k/a KATIIERINE SIDOR, JOHN SIDOR, JR., JOHN E. CLAUSS AND JOANNA PAULSEN TO SUFFOLK COUNTY DEPARTMENT OF HE,ALTH SERVICES (SPECIFY TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK, In the Township of s outho ld In ~e VILLAGE or HAIr,ET of Ma~ti~uck made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future vrove~4 tax bills. Local property taxes are payable twice a year: on or before January 10t~ and on or before Ma), 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sumise Highway North Lindenhurst, N.Y_ 11757 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Smithtoxvn Town Receiver of Taxes 99 West Main Street Smithtown, N_Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Sonthampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk PRIVATE WELL COVENANTS DECLA-gATION OF COVENANTS AND RESTRICTIONS THIS DECLAIiATTON made January ~, 2001, by CATHERINE SIDOR, a/k/a KATHERINE SIDOR, residing at 3980 Wickham Avenue, Mattituck, New York 11952, as to Parcel I, JOHN SIDOR, JR. AND CATHERINE SIDOR, residing at 3980 Wickham Avenue, Mattituck, New York 11952, ~s to Parcel II, and JOHN E. CLAUSS JOANNA PAULSEN, residin~ aU 800 ~ick~sm Avenue, Mattituck, New York 11952r as to Parcel III~ hereinafter referred to as ~he DECLA~qT, as the owr~ers of premises d~scrLbed in Schedule "A" annexed hereto (hereinafter referre~ to as the ~EILLSE~) d~sires ~o'~estrict the use and enj.o}unent of said PREI~ISES has f~r S~ch purposes '~etermined to impoee on said PREM~SE~ couenants and restrictions and doe~ ~r~by decI~re that said pREMI~:E~ shall be held and shall be conveyed subject to the. following covenanEs and restrictions: 1_ WHERED~, DECLA~RANT has made application to the Suffolk County Department of Health Services (hereinafter referred to a.s ~h~ DEP/~IRTMENT) for a permit to construct, and/or approval of plans for a single family residence, a subdivision or development or other consuruction pro~ect on the PREMISES; and 2. WHEREAS, the PREMISES are to be served by an individual on-sine private well; and WHEREAS, the test wells sampled for the PREMISES indicated a groundwater supply that had contamination in excess of ~he minimum drinking water standard and/or guidelines of the State of New York an~ contained excess of the following: Total Nitrates and Nitrites exceed New York State guideline for potable water. Total 1,2 Dichloropropane exceeds New York State guideline for potable waSer. A complete list or'analysis results is attached hereto as Schedule C, and each chemical parameter which exceeds 60% of the acceptable level ia indicated with an asSerisk; and WHEREAS, the County of Suffo~ Department of Healuh Services has agreed to issue a permit only if there be a record covenant 5hat the necessary water conditioning equipment be installed so as to meet the quality standards for drinking water; it is DECLARED and COVENANTED by DECLKR~T, their heirs or successor and assigns forever, that no residence upon the above described property will be occupied prior to the installation of the necessary water conditiening 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 se% forth these covenants, agreements and declarations in any and all leases to occupants, uenants and/or lessees of the above described property and shall, by their terms, subjecE 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. C © 4. Ail 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, ord3~nances, and/or regxLlations may thereafter be revised, amended, or pro~Lulgated. 5. This document is made subject to the provisions qf all laws require~ by law or by their pr~visions to be incorporated herein and they are deemed to De incorporated herein amd made a part hereof, as thougk fully set forth. 6. Tile aforementioned Restrictive Covenants shall be enforceable by 5he Count~ of Suffolk, State of New York, by injunctive relief Qr by an~ other remedy in ecfaity or at law. The failure of s~id agencies or the Cou/~ty of Suffolk to enforce the same shal£ not be deemed to affect the validity of this covenant nor to impose an~ liability whatsoever upon the County of Suffolk or any officer or employee t~ereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, it successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only %~ith the written consent of the DEPARTMENT. 8. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to De promises, covenants, and restrictions as if fully repeated and set forth herezn. 9. If any section, subsection, paragraph, c±ause, 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 p~rt so adjudged to be illegal, unlawful, invalid, or uncons[itutional. 10. Local Law %32-1980 - The DECLARANT represents and warranns that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, 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 wi~h the provisions of Local Law %32-1980. L. S. JOAN~IA PAU JEN © O STATE OF NEW YORK, COUNTY OF SUFFOLK: ss: On the ~-~ day of January, 2001r before me, the undersiqned,~ public in and for ~id State, personally appeared JOHN SIDOR~ JR~ AND CATHEter. SIDOR AZK/A ~TEERINE SiDOR, personally kno~ to me or pro%~ed to me on the basis of satisfactory evidence to the individual whose n~e is s~sczibed tc ~e within instr~ent and acknowledged to me that they executed the s~e in their capacity and that by ~heir signature on the instrument, 5he individual, or the person upon ~half of which the individual acted, executed the ins t rument. .~t a~ Public · ABIGAIL A. '~CKHA~ N~a~ Public, Sta~ ~ New Yo~ No. 52-4642871 0-:: '.~ified in Suffolk Coun~ ~mmi~mn ~iresS~. 30, ~_~ / On the ~A day of January, 2001, before me, the undersigned, -~L~ ~blic iD and for ss4~, personally appeared JOHN E. CLAUSS .~qD JOanNA PAULSEN, personally ~o~ to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrumen~ and acknowledged to me [hat they executed ~he s~e in their capacity and that by their signature on the instr~ent, the individual, or the person upon behalf of which the individual acted, executed the ~nstr~ent_ 21-c&rhdwts O © SCHEDULE A DESCRIPTION OF PROPERTY DECL;LRANT: CATHERINE SIDOR A/K/A ~THERINE SIDOR, fee owner by virtue of deed dated 3/11/96, recorded 3/21/96 in Liber 11766 page 905, as to Parcel I. JOHN SIDOR, JR. AND CATHERINE SIDOR, fee owners by virtue of deed dated 9/8/61, recorded 11/22/61 in Liber 5085 page 174, as to Parcel ii_ JOHN E~ CL~USS AND JOANNA PAgLSEN-, fee owners by virtue of deed dated 1/13/77, recorded 1/24/77 in Liber 8179 page 240, as to Parcel Iii. H.D.REF. NO./NAME OF SUBDIVISION: S10-00-0007, CATHERINE SIDOR SUBDIVISION SCHEDULE A P~CEL I ALL that certain plot, piece or parcel of land, situate, lying and being at Mal-tibJck, in the Town of Southold,'County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on, the northwesterly side of Middle road (C.R. ~48) at ~ch.e southwesterly comer of the p~emi~ herein described ~nd. the sou~easterly corner of land now or forr~edy of, County of Suffolk; RUNNING THENCE along said land now or formerly ofcounb/of Suffolk the.fi31lowing two (2) courses and dfstances: 1. North 51 degrees 16 minutes 57 seconds West, 427.45 feet; and 2. SoLrbh 64 degrees 17 minutes 07 seconds West, 565.10 feet to the easterly side of Mary's Road; THENCE North 27 degrees- 17 minutes 46 seconds West along said easterly side of Mary's Road, 790.67 feet to land now or formerly of 3ohn 3; Sidor, ]r., and Catherine Sider; THENCE Nor~.h 61 degrees O0 minutes 53 seconds East along'said land, 134.00 feet; THENCE North 27 degrees :[7 minutes 46 seconds West still along said last mentioned land, 200.00 feet to the southeested¥ side of Wickharn Avenue (fermedy Old Hiddle Road); THENCE alohg said southeasterly side of W~ckham Avenue the following two (2) courses and distanc'es: 1. North 62 .degrees 00 minutes. 53 seconds East, 159.89 feet; and 2. North 59 degrees, 18 minutes 09 seconds East, 215.61 feet to lend now or formerly of 3ohn E. Clauss and 3oanna Pau 'son; THENCE South 28 degrees 56 minutes 31 seconds East along said lan~, 201,40 feet; THENCE North 52 degrees 54 minutes 59 seconds East still along said land, 137.00 feet to land now or formerly of Marlo and Florence Bel[etti; THENCE North 58 degrees 42 minutes 09 seconds East along said land, 200.74 feet; THENCE North 18 degrees 45 minutes 21 seconds West still along said last mentioned land, 105,14 feet to rand now or formerly of Sidor; THENCE South 30 degrees 38 minutes 46 seconds East along said land now or formerly of Sidor, 1270.83 feet to the northwesterly side of Hiddle Road (C.R, #48); THENCE South 38 degrees 43 minutes 03 seconds West along said northwesterly side of Middle Road (C.R. #48), 220.28 feet to the point or place of BEGZNNING, TAX LOT 003.000 © © SCHEDULE A -, PARCEL II ALLthat certatn plot, piece, or parcel of land, situate, lying and being at HaU:ituck, Town of Southoid, Suffolk County, State of New York, bounded and described as follows: BEGINNING at a point marking the intersection of me southerly line of Wickham Avenue sometimes referred to~a~ Middle l~,oad,= .ape the _.e. astedy line o[ Hary's Road, from said point of beginning running along the so~U~edy side'of Wic~ham. Avenue, NOrth 61 degrees 00 minutes 53 seconds East, 134.00 feet; THENCe- a~gng o~her Jand of th~ pa .r~y of th(~ firs[ part two (2) courses and distances as follows: 1. South ZT. deg~es :~7 minutes. 46".~econds East, Z00.00 feet to a point; 2.. South 6~ .deg~'ees.130 minutes 53 seconds West, 134.00 feet to the easterly line of Mary's Road; THENCE along ~he easterly line. of Mary's Road, North 27 degrees 17 minutes 46 seconds West 200.00 feet to the point or place of BEGINNING. TAX. LOT 00~.000 C, © SCHEDULE A PARCEL ALL that certain plot, piece, or parcel of land, situate, lying and being at MaLLiLuck in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set in the southerly line of Wickham Avenue, sometimes known as Middle Road distan~ 509.50 feet easterly from the coTner formed by the intersection of the southerly line of Wickham Avenue wi~h the easterly' line of Har~s Road; and RUNN~G THENCE North 59 degrees 18 minutes 09 seconds East along the southerly line of Wick, ham Avenue, 4.4~,feet; TH~:E ;North 52 degrees 32 minutes 29 seconds EasL still along the southerly line of Wickham Avenue l~:7~32:'f~L~t to a:.mo,urn~tsetJn the northwesterly corner of land now or formerly of Stanley Probka and Saphfe F~0bka,. his wife; THENC,E South 33 ,degreesi16 minutes 3.1 seconds East along said last merfdo~ed land, 200.00 feet to a mon~me~t and!~arjd .now or formerly of B~rney ~. Sider; THENCE.South: 52 degrees ~4 minutes 59 seconds West along said last mentioned land 137.00 feet to a monument; and THENCE North 28 degrees. 56 minutes 31 seconds West still along said last mentioned land 200.00 feet to the point or place~f BEGINNING. TAX LOT 004.000 SCHEDULE B - CONSENT OF MORTGAGEE/LIENOR DECLA~RANTm CATHERINE SIDER A/K/A KATHERINE SIDOE, fee owner by virtue of deed dated 3/1t/96, re~orded 3/21/96 in ~iber 11766 page 905, as to Parcel I. JOHN SIDER, JR. AND CATHERINE sIDeR, fee owners by virtue of deed Oeted 9/8/61, recorded 11/22/61 in Liber 5085 page 174, as to Parcel II. JOHN E. CLAUSS AND JOANNA PAULSEN, fee owners by virtue of deeu date~ 1/~3/77, recorded 1/24/77 in Liber 8179 page 240, as to Parcel III. H.D_REF. NO./NA/4E OF SUBDIVISION: S10-00-0007, CATHERINE SIDER SUBDIVISION In the matter of the application of Catherine Sider, the undersigneU, as holder of a mortgage or lien on premises described as Parcel III in Schedule ~A" annexed hereto, hereby consents to the annexed covenants and restrictions on said premises. NORTH FORK BANK Deborah A. Doubrava, Assistant Treasurer STATE OF NEW YORK, COUNTY OF SUFFOLK: ss: personally known to me or proved to me on 5he basis of satisfactory evidence to the individual whose name is subscribed re the within instrumen~ and ~. acknowledged to me that~e executed the same in ~capacity and that by'~ri~ signature on the instrumenL, Ehe individual, or the person upon behalf of which the individual acted, executed the instrument. ; ~ O O SCHEDULE C - RESULTS OF WATER ANALYSIS SEE ATTACHED 0.!00 50_ 0¢; dg./L S;u~kt hr in ....................... < 0-. ~-00 5.0.0(~ Cklorodifiuoromethana ............ < 0.500 5.00 ug/L Di~hlo~odifluorometh~n~ .......... < 0.500 5.00 C~loro~tkan~ ...................... < 0.500 5.00 =ert-Am¥1-Ethyt-Ether ........ . .... < 0.500 50.00 ug/L Benmane .......................... < 0.5~0 5_00 ug/L Tp]u/ene ....................... < 0.500 5_00 ug/L Chlorob~nzen~ ..................... < 0.500 5_00. u~/L Eth3'lbenz~ue ...................... · 0.500 5_00 u~,'~ lan~ .................... ; .... < 0.500 5 00 ug/L m-X¥1ene ......................... < O.50o 5.00 p-~ylene ......................... ~ 0.500 5.00 ug p-Di~hylben~ene ................ < 0_50~ 5.00 ug/L al~ha -0HC ...................... < 0.200 0.20 ug'/L - baC. a-B~C .......................... < 0.ZO0 0 20 ug/L '~gemm~a=-BHC {r=~z-,~e) .............. < 0.200 0.20 ug/L Jdel J~m~-HHC ........................ < 0.200 0.20 ~l~ep'~chio c ...... < ................ < 0_~b0 0.4,0 u~,/~ 4,4-ODD ....................... < 0_200 50.00 uq/L DeL~opropyIatrazine (G-28279) ..... < Alacb/or DA (Oxanilic Acid) ....... < analyzed ~f Suffolk Counzy Depar~menu of Health Se/~Jice$ =========================== 5.00U 100.00 ug/~ Nickel (NJ) ..................... = 5.00O ug/L 2.000 50.00 ug/L 50.600 2000.Q0 ug/L 1.000 4_00 ug/L t_0O0 5.00 ug/L 1.O0g ug/L 3.850 100.00 ug/L Lead IPb) ........................ < 1_000 15.30 ug/L Antimony (Sb) .................... < 1 000 6.~0 ug/L Sal~nium (Se) ..................... < 2_000 50_00 ug/L Thorium (Th) ..................... < 1.000 ug/L SUFFOLK COU1N'T~Y CLERK REcoRDs OFFICE RECORDING' PAGE TYPe of Instrument: /~Nuniber of Pages: 4 DECLARATION COVENANT/RESTRICTIO Recorded: At: LIBER: PAGE: o2/i3/ ooi 10:13:44 AM D00012102 083 District: Section: Block: Lot: 1000 107.00 10.00 003.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees. For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO TP-584 Notation $0.00 NO Cert. Copies RPT $15.00 NO SCTM Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County-Clerk, Suffolk County Exempt $5.OO NO $0.00 NO $4.00 NO $0.00 NO $4i.00