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HomeMy WebLinkAbout1000-112.-1-16.1 1_11_ r ';':0 . .~~.: 11: '::..,:. .-. , ~ . 11547P~158 . oS LA BR I..fT M~ Declaration of Covenants and Restrictions THIS INDENTURE made this 29th da of September, 1992. by JOSEPH A. WANAT, residing at Bergen Avel,ue, Mattituck. Ne'" York. hereinafter called the Declarant. WHEREAS. the Declarant is the oWler in fee simple of a certain parcel of land situate at Mattit lck, Town of Southold, County of Suffolk, State of New York, deSi]nated on the Suffolk County Tax Map as District 1000, Section Il~, Block I. Lot 16_i, containing approximately ten acres. being tle same premises acquired by the Declanant by deed dated on OecemJer 15, 1989 and recorded In the Suffolk County Clerk's office on April 17, 1991 in Liber 10986 of Deeds at page 536 and referred t) herein as the "premi ses" and WHEREAS. the Dee I a r-ant intends t) subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants. and restrictions in order to preserve the / {;\-c-V and to prevent the overcrowding and to conserve the ground water II ~. -'- re5~~rces of the Town of Southold, and 'maximum open space, natural scenic beauty and natural yegetatlon ro( .,..r, '!;I _,~, :Jtce,i WHEREAS. the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision and development of the ,~; preml ses as a Mi nor .... 'f;'i::,: . ~,~~.. lIots or parcels, ,~yt~C . (?-\:; NOW THEREFORE. the /./, Jjremi ses and every /L\/N~Q) ~ /)-.;J '- ~..'~\~ subdivision, to contain not more than four (4) Declarant dOl S hereby declare that the aforesaid portion therlof Is hereby held and shtll be r::rn R (iil Ii: n \17 r' ";;) l5 ~ lS U ',':.: ~ I OGT26 i' ,~ \ ---1 . -, ;"-~-!OLD Te'- 'C:.BO; .. I~II~ T 2f,' '-j.:: 11: ':.,I~. . 11547PCl59 · . .' conveyed ~ubject to th~ conditions. covenants and restrictions hereinafter set forth and that ever' purchaser of said premises or any portion thereof, by the acceptance of a deed thereto. covenants and agrees that 'he premises so purchased shall be held subject to the covenants. cLPditicns and restrictions hereinafter set forth. 1. No lot or plot as shown and des. gnated on the minor subdivision map approved by and filed vith 'he Southold Town Plannin~ Board shall be further subdivided in lerpetuity. 2. There shall be no future disturl.ance, clearing. construction or filling in the conservation ea,ement areas shown on the map of Bergen Kollows. except those nlcessary for planting, fe~cing and erosion control purposes, date. and approved by the Southold Town Planning Board. 3. All four driveways shall have c~e common access point as pro- vided by the access easement as shown on the Map of Bergen HollowS, dated and approved by the Southold Town Planning Board. 4. That all of the covenants. conditions and restrictions contained herein shall be construed as; re~l covenants running with the land and shall continue and remiain in full force and effect at all times as against the owner of the premises or any porticn thereof in perpetuity. Said covenants. conditions and restrictions shall be binding upon, inure to the ienegit of and be enforceable by the Declarant. their heirs. successors and assigns; any owner of any portion of the aforementioned premises, their heirs, successors and assigns. and thE Town of Southold. and its successors and assigns. and tht failure of any of the foregoing to enforce any of such covenants. conditions and restrictions 1_'1_ I ~t.:. ":1..:. 11; ':".t..::' - ...... ~.r~ ~ - 11547rG161. . shall in no event be deemed a waiver of the rights to do so thereafter. The Declarant grants the conein'cing ri,.ht in perpetuity to the Town of Southold or any of its ,lesignated representatives to inspect any areas designated as open space, common areas or any similar nomenclature so as to i ,sure continued compliances with the covenants, terms and previs.ons designated herein in regard to same and to insure that such covenants, terms and-provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its desiglated representatives to enforce the conditions and restrictioys of the covenants as they relate to ehe open space, common area Jr nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding u~~n dec1acant, their heirs, executor legal representatives, distribuoees, successors, assigns and , transferees. j IN WITNESS WHEREOF, this irdentlre has been executed the day and year first above written. . STATE OF NEW YORK) . ss. : COUNTY OF SUFFOLK) On thez., day of Sep""'TI\S6R ' 1992, before me personally came JOSEFH A. ~ANAT, to me ~ncwn to be the individual described in and who executed the foregoing instrument and aCknowledged tha t he executed the same. 2-, (J __ ,,0 LJ"Q. .. NOTARY PUBLIC ~ SUESPANIK IIIcltaty Public, Slllte 01 N_ Vart NO. 62-47342611 . Qual. In Suffolli: C4luntv C6ttlftca~ ~lted in N_u Cm.o~~ Cotnm.u.on e..p;res M.y31. 1~ pt. a 1J tJ-'1'lL;:;(- WANAT "