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DECLARATION OF PROTECTIVE COVENANTS made this 29th day of
November, 1966, byn~RGARET V~ BRAATZ, residing at 14 Glenside
Road, South Orange, New Jersey and HARBOR COVE, INC., a domestic
corporation with office and principal place of business at Vansto
Road, Nassau Point, Cutchogue, Suffolk County, New York.
WHEREAS, Margaret V. Braatz and Harbor Cove, Inc., are the
owners of certain lands situated at Nassau Point, Suffolk County,
New York, as originally conveyed by Nassau Point Club Properties,
Inc. to Daisy Mabel Vanston by deed dated December 4, 1919 and
recorded in Suffolk County Clerk's Office on March 26, 1920 in
Liber 996, cp 12 and which said lands are now described as
follows:
ALL that certain plot, piece or parcel of land,
situate, lying and being at Nassau Point or Little
Hog Neck, Town of Southold, Suffolk County, in the
State of New York, bounded and described as follows:
BEGINNING at a stake in the easterly side of a
road known as Vanston Road, which stake is across
said Vanston Road from a cement monument in the
westerly side of said road along a course North 840
11' East and which said cement monument is at the
southeasterly corner of land lately conveyed by the
party of th~ first part to Daisy M. Vanston; running
thence in agerleral direction North 330 46' 10' West,
but along the easterly side of said Vanston Road,
321.09 fe~t more or less to a stake; thence in a
general direction North 210 2' 20" West and still
along the easterly side of said road, 417.85 feet
more or less to a stake; thence in a general direc-
tion North 560 31' 10" East and still along the same
side-~f said road, 226.6 feet more or less to a
stake;thence in a general direction South 800 51'
10" East and still along the same side of said road,
304.97 feet, more or less; thence in a general
direction North 520 26' 30" East and still along the
same side of said road, 164 feet more or less to a
stake, which stake is at or near the intersection of
said side of Vanston Road with the westerly side of
a private road leading to the club house; thence in
a general direction South 340 9' 50" East and along
the westerly side of said private road, 451.34 feet
more or less to a stake, and thence South 80 28'
30" West, 339.20 feet, more or less, to a stake at
the ordinary high water mark of the waters known as
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The Lagoon, and sometimes called Wunneweta Pond;
thence South 870 42' 20" West and along said
ordinary high water mark, 113.65 feet, more or less,
to a stake; thence South 40 24' 10" West and still
along said high water mark, 81.93 feet; thence
South 840 11' West 377.17 feet, more or less, to the
stake at the point or place of beginning.
AND WHEREAS, the said Margaret V. Braatz and Harbor Cove,
desire to impose certain restrictions and covenants upon the
above described premises which shall be binding on all the
purchasers and mortgagees of individual lots, their heirs,
executors, administrators and assigns;
NOW, THEREFORE, the following restrictions and covenants are
hereby imposed upon the above described premises:
1. No structures shall be erected, altered, placed or per-
mitted to remain on any lot other than a detached single-family
dwelling not to exceed 2-1/2 stories in height, and one private
garage for not more than three cars, which garage may be
attached to, or detached from such dwelling. However, arbors,
playhouses, and outdoor fireplaces may be erected on such lots,
but no poultry house Or pen, or outside privy shall be construc-
ted or placed or maintained on any of said lots.
2. Only one residence shall be erected or placed on any lot
3. No building, fence, wall, pier or other structure shall
be erected or maintained, nor any change or alteration made
therein unless and until the plans, specifications and location
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of the same, including plans for the grading of the lot to be
built upon, shall have been submitted to, approved in writing by,
and a copy thereof as finally approved, lodged permanently with
Harbor Cove, Inc. or its successors or assigns. Approval or
I disapproval of the submitted plans will be given promptly.
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4. No basement, tent, garage or other outbuilding erected
or placed. upon any of said lots shall be used as a residence,
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'UBER 6082 rAGE 400 I
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Ii nor shall any structure of a temporary character be used as a
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Ii residence.
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i 5. No building shall be moved upon any lot, but this
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i restriction shall not bar a change of location of a building by
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Ii an owner from any lot in the restricted area to another lot in
the restricted area.
6. No structure,of any kind, nor any part thereof, except
as hereinafter set forth, shall be located on any lot nearer than
35 feet to the abutting street line, nor nearer than 10 feet to
either side line of said lot, or if one person owns a plot con-
sisting of more than one lot, nearer than 10 feet to either side
line of said plot, nor nearer than 20 feet to the rear line of
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II said lot. No detached garage nor any part thereof shall be
located on any lot nearer than 75 feet to the abutting street lin
nor nearer than 10 feet to either side line of said lot or plot.
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7. No one story dwelling containing a ground floor area of
less than 2,000 square feet, or a two story dwelling containing
less than a ground floor area of 1,200 square feet with a
habitable second floor area of at least 800 square feet, shall be
erected or maintained on any lot. The required minimum ground
, floor area of such dwelling shall be determined by the main
I portion of such dwelling, exclusive of the area of any porch,
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I garage, or other accessory building attached thereto.
8. No signs of any description shall be displayed to the
public view on any portion of any lot or building or structure
thereon, other than the usual small signs showing the name of the
occupant, the street number of premises, and "For Sale" or "For
of which signs shall not exceed 14" x
I Rent" signs, the dimensions
i 20", and no such sign shall
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have an area in excess of 280 square
This restriction shall not prohibit the erection and
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LlBfR 6082 r,IGE 401
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II maintenance of signs by builders or contractors during the
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I construction period and up to the time of sale.
9. All buildings erected and maintained on any lot shall
be used for private dwelling purposes only for one single family,
I and for no other purpose except that these restrictions shall not
'Iprohibit the maintenance of any professional office by any occu-
!pant of such a dwelling legally practicing a profession therein
in conjunction with occupancy thereof as his or her residence.
If a portion of the building is to be used for professional
offices, it shall not exceed 35% of the total building area. No
trade or business shall be carried on upon any lot or in any
building or structure thereon; nor shall any structure or any
portion thereof on any lot be used as a mortuary or undertaking
parlor, boarding or lodging house, sanitarium, convalescent home,
club, school, private or public, dog or other animal kennel; nor
shall there be permitted on any such premises any chickens, ducks
geese, pigeons, pigs, horses, cows or other animals, except that
this restriction shall not be deemed to prevent the reasonable
harboring of dogs or cats, and the erection of a small house for
their occupancy, these animals to be for the private use of the
I family occupying the plot.
10. All cesspools and wells for the supply of drinking
water shall be constructed and maintained in accordance and in
compliance with all regulations of the Suffolk County Department
of Health.
11. No occupancy of any building will be allowed until the
outside of the building, and all electrical and plumbing work
is completed.
12. No one shall be permitted to place or expose any
garbage or debris, loose or contained in receptacles at any place
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;beyond one foot from the front wall of the building, facing the
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Iroad upon which said building fronts. Debris and garbage shall
Ibe kept in secure, closed receptacles free from the gaze or sight
ilof the public. Outside clothes dryers and lines shall be suitabl
Ii screened.
13. Each property owner will be obligated to pay his pro-
portionate share in the cost of maintaining and improving Sailor'
Lane, the beach area and real property taxes thereon. The right
to use the beach and the road will be granted only to owners in
good standing who have paid their shares of the taxes. When titl
to 60% of the lots has been conveyed to owners, they shall form
a Property Owners' Association of which each owner shall be a
member. Ownership of the beach area, the road and the dock area
will be conveyed to said Association, which is to maintain and
keep improved said properties thereafter. All income from said
property shall be used to defray taxes, maintenance and improve-
ments of property. Owners, their successors and assigns and
invitees hereby release all their rights to make claims or to
bring suits against Harbor Cove, Inc. for personal injuries or
property damage while using said beach area and the road or dock
area.
14. Invalidation of any of these restrictions, conditions
or covenants by judgment or court order or otherwise shall in no
way affect any of the other provisions hereof, which other pro-
visions shall remain in full force and effect.
15. Harbor Cove, Inc. hereby specifically reserves to
itself, and to its successors and assigns the right and authority
to annul, alter, modify, amend or extend, at any time after the
recording of this Declaration, by written agreement with the
owners for the time being, of a majority of the lots embraced in
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UBER 6082 P,IGf 403/ :
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IthiS Declaration, the covenants and restrictions hereinabove set
[lforth, or any of them, and such agreement, if and when made, shal
be deemed sufficient and be effectual to annul, alter, modify,
in this Declaration.
restrictions or any of them, without the
of other lots shown on said map and embrace
For the purpose of determining the owners
II amend or extend such
consent of the owners
of a majority of lots whose written consent is required for any
change in the restrictions, as above provided, any owner of two
or more contiguous lots shall be considered the owner of one lot,
and where ownership of such lot is in two or more persons in
common, jointly or by the entirety, it shall constitute one
ownership.
16. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them until
1975 at which time said covenants shall be automatically extended
for successive periods of ten years unless a vote of the majority
of the then owners of the lots agree to change said covenants in
whole or in part, or terminate them.
IN WITNESS WHEREOF, the foregoing Declaration has been
executed by Margaret V. Braatz and Harbor Cove, Inc. the day
land year first above written.
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[STATE'OF NEW YORK: SS
'il COUNTY OF SUFFOLK;
I On the1-1J?tay of November;
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~ argare . Br tz
HARBOR COVE, INC.
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John A. Clarke
Vice President and
Treasurer
1966, before me personally came
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USER 6082 PACE 404
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ilin and who execute~ the foregoing
ithat she executed the same.
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MARGARET V. BRAATZ, to me known to'be the individual described
instrument, and acknowledged
ry Publl.c
NOTARY mmA~~T'riif~kYORv
No. 52-4259000 "
T?,uwi!i.ed}n Suffolk County
. ",L '..pJ.es Ual'th 30, 1967
STATE OF NEW YORK:
SS
COUNTY OF SUFFOLK:
On the;t ..,4ay of November
1966, before me personally came
JOHN A CLARKE to me known, who, being by me duly sworn, did
depose and say that he resides at Darien, Connecticut; that he
is the Vice President and Treasurer of HARBOR COVE, INC., the
corporation described in and which executed the foregoing instru-
,ment; that he knows the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was
so affixed by order of the Board of Directors of said corporation
and that he signed his name thereto by like order.
WlLLMM WICK!! t:{
NOTARY PUBLIC, STA'1'l<; OF llEWYOltK
No. 52-4259000
Qualified lu Suffolk C~unty
Term expires !rant SO, 1967
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RECORDED
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