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GnANU TOTAL
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Renl rrulluly Tu Senlte ^geltcy Verificnlillll
Ulll( eclioll llIotl{ Lot
G
Title COIIII':lII)' Inrunnnlhlll
1000
006.00
03.00
008.000
-jnc~( 1000
... I n:r. PAIJ) nY:
----2.J Cll~h_ Check_~ Chnq~e_
006.00
0'1.00
007.000
CO"'I'''"Y Nnllle
Tille Numher
Pn}'crumcuH& H2
Stephen L. [tam, III
Hatt;hews & Ham
115 !lamp ton Road
Southampton, NY IJ.968
OH~
8
RECORIl & RETURN TO
9 Suffolk County Rccording & Endorscmcnt Page
This pnge forms part of the aUnched
Declaration
(Deed, Morlgnge, ele.)
mnde hy:
EDITH DI LLON EDSOI~
The pl'eJllises herein i~ silunfed in
SUI'I'OLI< COUNTY, NEW YORI<.
In the TOWN of SOU'l'1I0LD
In Ihr. VILLAGIi: FISHERS l,'3L^ND
o,'IIAl\"1LETllr
r:l\!;I;;,"I.r: "l-,I'!.\
12.1l104.,5"J
JI_L-,?d-l'?'?5 11: 4.3
lA T THEI~dS .'1 Hr-jj-r
P.02
DECLARATION
DECLARATION, made the 2.1,/'1-1 day of July, 1995, by EDITH
DILLON EDSON, formerly known as Edith Gibb Dillon, now residing at
2076 Maidstone Farm Road, Annapolis, Maryland, hereinafter
referred to as the Declarant.
WHEREAS, the Declarant is the owner of certain real
property situate at Central Avenue, Fishers Island, Town of
Southold, Suffolk County, New York, as shown on the map entitled
"Minor Subdivision Plan Property of Edith Dillon Edson",
prepared by Chandler, Palmer & King, dated December 11, 1992,
revised January 27, 1993, February 8, 1993, August 26, 1993,
October 12, 1993, March 10, 1994, May 26, 1994 and February 24,
1995, which map is to be filed in the Office of the Suffolk County
Clerk (the "Minor Subdivision Map"), said real property being more
particularly described on schedule A hereto; and
WHEREAS, the Declarant has made application to the
Planning Board of the Town of Southold faD approval of a minor
subdivision as shown on the above referred to map to create three
separate building lots shown as Lots 1, 2 and 3 thereon, with Lots
1 and 3 each consisting of one parcel landward of Central Avenue
and one parCel between Central Avenue and West Harbor, and w~ th
said Lot 3 being more particularly described on Schedule B
hereto: and
WHEREAS; for and in consideration of said granting of
approval, the Planning Board of the Town of Southold has deemed it
to be in the best interests of the Town of southold and the owner
JUL -24-1':l'::':' 11: ...L:.' -
I "1 II iL':;:::: '.
and prospective owners of said Lot 3 that the within covenant and
restriction be imposed on said Lot, and as a condition of said
approval, said Planning Board has required that the within
Declaration be recorded in the Office of the Suffolk County Clerk;
and
WHEREAS, the Declarant has considered the foregoing and
determined that the same will be for the best interests of the
Declarant and subsequent owners of said Lot 3;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the Declarant, for the purpose of carrying out the
intentions above expressed, does hereby make known, admit,
publish, covenant and agree that the said Lot 3 described on
schedule B hereto shall hereinafter be subject to the following
covenant and restriction which shall run with the land and shall
be binding upon all purchasers of said pJ;emises, their heirs,
executors, legal representatives, distributees, successors and
assigns, to wit:
1. During any excavation on said Lot 3, a professional
archaeologist must be present.
2. The covenant and restriction set forth in this
Declaration can be modified only at the request of the then owner
of said Lot 3, with the approval of a majority plus one of the
Planning Board of the Town of Southold after a public hearing.
Adjoining property owners shall be entitled to notice of suet
public hearing, but their consent to any such modifications shall
not be required.
- !~;\__ ...:....:.-~.L:: :-~, II ; -':4
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IN WITNESS WHEREOF, the Declarant above named has
executed the foregoing Declaration as of the day and year first
above written.
{;r/,Y-4 '])JJifY'- EJ<;~
Edith Dillon Edson
STATE OF MARYLAND
ss. :
COUNTY OF ANNE ARUNDEL
'/-L
On the d.& day of July, 1995, before me personally
appeared Edith Dillon Edson, to me known and known to me to be the
individual described in and who executed the foregoing instrument
and she acknowledged to me that she executed the same.
vJttIt/(/~ 71. 'i?~
Notary PUblic
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SCHEDULE A
PERIMETER DESCRIPTION OF MINOR SUBDIVISION OF EDITH DILLON EDSON
MAIN PARCEL
BEGINNING at a monument on the Northeasterly line of Munnatawket
Avenue at its intersection with the Northwesterly line of Central
Avenue, said monument being 4570.33 feet North of a point which is
139.01 . feet West of another monument marking the united States
Coast and Geodetic Survey Triangulation station "PROS" and
THENCE RUNNING along said Munnatawket Avenue line North 44 degrees
19 minutes 45 seconds West 282.78 feet to a monument;
THENCE still along said avenue line North 44 degrees 19 minutes 45
seconds West 212.91 feet to the Northwesterly line of a right of
way;
THENCE North 49 degrees 57 minutes 00 seconds East 104.76 feet;
THENCE North 60 degrees 53 minutes 00 seconds East 92.29 feet;
THENCE North 78 degrees 14 minutes 00 seconds East 146.90 feet;
'!
,THENCE South 68 degrees 19 minutes 59 seconds East 31.44 feet to a
monument at the center of a turnaround, having a radius of 40.00
feet located at the Northeasterly end of a right of way;
THENCE North 81 degrees 26 minutes 00 seconds East 189.59 feet to
a monument;
THENCE South 85 degrees 36 minutes 00 seconds East 239.85 feet to
a monument at the Westerly line of Central Avenue;
THENCE along said Avenue line South 04 degrees 11 minutes 20
seconds West 247.06 feet to a monument;
THENCE along the Northwesterly line of said Avenue South 40
degrees 36 minutes 00 seconds West 64.54 feet to a monument;
THENCE along said Avenue line South 69 degrees 55 minutes 10
seconds West 253.44 feet to a monument;
THENCE along said Avenue line South 45 degrees 50 minutes 15
,seconds West 161.72 feet to the point or place of BEGINNING.
iThe above described tract or parcel of land is conveyed subject to
i the rights of others for use as a roadway over a strip of land
'25.00 feet in width extending Northeasterly from said Munnatawket
i Avenue with a turnaround having a radius of 40.00 feet at the
! Northeasterly end thereof, the center line of said right of way
,being bounded and described as follows:
iBEGINNING at a point on the Northeasterly line of said Munnatawket
[Avenue, said point being located 4915.95 feet North of a point
,which is 476.55 feet West of said "PROS" monument; and
THENCE RUNNING North 49 degrees 57 minutes 00 seconds East 102.63
feet;
THENCE North 60 degrees 53 minutes 00 seconds East 89.18 feet;
THENCE North 78 degrees 14 minutes 00 seconds East 120.62 feet;
,THENCE North 83 degrees 41 minutes 40 seconds East 50.74 feet to
Ithe center of said turnaround;
,
iTOGETHER with
!portion of the
a right of way for use as a roadway
turnaround located on land of others.
over
that
WATERFRONT PARCEL
!BEGINNING at a point located on the Easterly line of Central
Avenue, said point being located 4,848.11 feet North of a point
which is 299.24 feet East of a monument marking the united states
Coast and Geodetic Survey Triangulation station "PROS" and
THENCE RUNNING South 04 degrees 11 minutes 20 seconds West 45.27
feet to a point;
THENCE South 40 degrees 36 minutes 00 seconds West 88.16 feet to a
point;
,THENCE South 69 degrees 55 minutes 10 seconds West 255.33 feet to
a point;
. THENCE South 45 degrees 50 minutes 15 seconds West 187.43 feet to
a point, the last four lines running along said Easterly and
:, Southeasterly 1 ine of Central Avenue;
:i
'THENCE South 75 degrees 00 minutes 00 seconds East about 45 feet
Ito the shore of West Harbor;
,THENCE Northeasterly along the meanders of said shore about 820
':feet to a point;
,THENCE North 85 degrees 36 minutes 00 seconds West about 161 feet
Ito a point on the Easterly line of said Central Avenue;
"
"THENCE South 04 degrees 11 minutes 20 seconds West 214.74 feet to
i ,the point of BEGINNING.
,
i:
EDITH DILLON EDSON
11735 fC 484
SCHEDULE B
LOT 3
MAIN PARCEL
A certain tract or parcel of land located at the
Central Avenue and H~nnatawket Avenue on Fishers
Town of Southold, County of Suffolk. State of
bounded and described as follows,
intersection of
Island. in the
New York being
BEGINNING at a monument on the Northwesterly line of Central
Avenue at the intersection with the Northeasterly line of
Hunnatawket Avenue, said monument being 10,cated 4,570.33 feet North
of a point which is 139.01 feet West of another monument marking
the United States Coast and Geodetic Survey Triangulation Station
"PROS" and thence running North 44 degrees 19 minutes 45 seconds
West 182.78 feet to a point; thence North 48 degrees 12 minutes 22
seconds East 251. 28 feet to a point; thence North 72 degrees 59
minutes 48 seconds East 210.00 feet to a point; thence South 65
degrees 17 minutes 01 seconds East 153.07 feet to a point on the
Westerly line of said Central Avenue: thence South 04 degrees 11
minutes 20 seconds West 47.06 feet to a monument; thence South 40
degrees 36 minutes 00 seconds West 64.54 feet to a point; thence
South 69 degrees 55 minutes 10 seconds West 253.44 feet to a point;
thence South 45 degrees SO minutes 15 seconds West 161.72 feet to
the monument at the point of beginning, the last four lines running
along said Westerly and Northwesterly line of Central Avenue.
Containing 89,380 sq. ft.. more or less.
Together with a 10 foot wide easement for utilities. the
Southwesterly ~ine of said easement being described as follows,
BEGINNING at a point located 5.055.57 feet North of a point which
is 151.57 feet West of said "PROS" monument and thence running
South 21 degrees OS minutes 34 seconds East 163.58 feet to a point;
then7e South 81 degrees 58 minutes 36 seconds East 79.90 feet to
a pOlnt on the Northwesterly boundary of the herein described Lot
#3 Tract "A".
SCHEDULE B
LOT 3
WATERFRONT PARCEL
BEGINNING at a point lpcated' on the Easterly line of Central
Avenue, said point being located 4,848.11 feet North of a.point
which is 299.24 feet East of a monument marking the United States
Coast and Geodetic Suryey Triangulation Station "PROS" and thence
running South 04 degrees 11 minutes 20 seconds West 45.27 feet to
a ~oint; thence Southl40 degrees 36 minutes 00 seconds West 88.16
feet to a point; thence South 69 degrees 55 :minutes 10 seconds West
255,33 feet to a point: thence South 45- degrees 50 minutes 15
. seconds West 187.43 feet to a point; the last four lines running
along said Easterly and Southeasterly line of Central Avenue:
thence South 75 degrees 00 minutes 00 seconds East about 45 feet
to the shore of West Harbor: thence Northeasterly along the
meanders of said shore about 565 feet to a point: thence North 65
'degrees 17 minutes 01 seconds West about 55 feet to the point of
beginning.
Containing 21,550 sq. ft.. mar" or less.