HomeMy WebLinkAbout1000-125.-3-13
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made this Ie day of /Ur//<PWt c..y
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,2001, by LAUREL
LINKS COUNTRY CLUB, INC., having a mailing address at Main Road, Laurel, New York,
hereinafter referred to as the DECLARANT:
WITNESSETH:
WHEREAS, the Declarant is the owner in fee simple of certain real property situate at
Laurel, Town of Southold, County of Suffolk, State of New York, known and designated on the
Suffolk County Tax Map as District 1000,125.00-03.00-13.00,015.000,017.000 and 1000-125.00-
04.00-024.001 and 021.000 and 1000-126.00-07.00-001.000 as more particularly described on the
annexed Schedule A; and
WHEREAS, for and in consideration of granting the subdivision and site plan approval the
Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of
Southold, the owners and prospective owners of said lots that the within covenants and restrictions
be imposed on said lots, and that said Planning Board has required that the within Declaration be
recorded in the Suffolk County Clerk's Office; and
WHEREAS, the Declarant has considered the foregoing and has determined that same will
be in the best interests of the Declarant and subsequent owners of said lots;
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 lots within said subdivision map
shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run
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with the land and shall be binding upon all purchasers and holders of said premises, their heirs,
executors, legal representatives, distributees, successors, and assigns, to wit:
1. Laurel Links Country Club, Inc. will improve the roads and road drainage structures
and facilities. Laurel Links Homeowners Association, Inc. will provide for the maintenance and
upkeep of the road throughout the subdivision. Laurel Links County Club, Inc. will provide for the
maintenance and upkeep of the road to the subdivision and throughout the remainder of the site and
will maintain the area designated as Open Space.
2. Declarant will maintain the drainage areas and swales, as well as those drainage areas
that border N.Y.S. Route 25.
3. That drainage swales as shown on the final road and drainage plan, alongside Laurel
Trail, Laurel Court and Laurel Way, including those on Lots 1 through 29 shall be left undisturbed
during and after residential construction.
4. The use and development of those areas designated as an Open Space maintained by
Declarant will forever be restricted to some or all of the following:
a) Open fallow.
b) Except as to parcel B, which shall be preserved in its natural state, landscaped,
wooded areas with foot paths.
5. The following practices shall be adhered to for those areas designated as Open Space:
a) Except as may be required for reasons of irrigation, drainage, sanitation or
disease control, no trees, plants or other vegetation located thereon, shall be killed, destroyed, cut
or removed therefrom.
b) No dumping, placement, storage or burning of any liquid or solid waste,
garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or
offensive material shall be permitted on or within the said premises, except for leaves, brush and grass
clippings.
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c) The open space areas will forever be kept open and free of all billboards or
other forms of commercial advertisement or display.
6. The Declarant reserves the right to the exclusive use and possession of the areas
designated as Open Space, to the extent not inconsistent with the covenants and restrictions
hereinabove set forth; and Declarant or future owner( s) may exclude the general public or any
designated person or persons from the use of or entry upon the said Open Space Area, except that
the Town shall have the continuing right to inspect the said area to the extent reasonably required to
monitor compliance and determine that the covenants, terms and provisions herein have not been
violated, such inspection to be performed at reasonable times.
7. The policies and procedures set forth in the Laurel Links Integrated Turfgrass
Management Program, dated December 4, 1998, the Groundwater Monitoring Agreement, dated
November 15, 2001 and the Storm Water Pollution Prevention Plan, copies of which are on file with
the Planning Board, dated March 2001, shall be adhered to by the Declarant.
8. There shall be no clearing, grading or construction:
a) Within 100 feet of all wetlands; and
b) Within clearing limits as established on the site plan.
9. That the emergency access from Peconic Bay Boulevard may be used for access only
by emergency personnel and the superintendent and his family. The gates shall be locked at all times
with extra gate keys for the superintendent and for emergency/fire squad divisions. The emergency
access may not be used by construction or utility vehicles and shall have a steel gate placed across
it.
10. That the site plan and, to the extent applicable, the residential subdivision shall be
subject to the policies and procedures set forth in the following agreements or programs: Integrated
Turfgrass Management Program, dated December 4, 1998 Groundwater Monitoring Agreement,
dated November 15, 2001 Stormwater Pollution Prevention Plan, dated March 2001.
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11. No access shall be permitted to Birch Drive and a landscaped barricade shall be
installed.
12. That all utilities servicing the subdivision shall be installed underground.
13. No lot or any part ofa lot located between the railroad right of way and New York
State Route 25, which lots are presently identified on the Suffolk County Tax Map as 1000-125.00-
03.00-013.00, 015.000 and 017.000, shall be transferred, assigned or conveyed in any manner unless
it is included in the transfer, assignment or conveyance of the entire golf course as shown on the
approved Laurel Links site plan.
14. There shall be no further subdivision of any lot within the subdivision in perpetuity.
15. Declarant shall convey its one-half (1/2) interest in Suffolk County Tax Map No.
1000-128.00-06.00-003.000 to the Laurel Country Estates Property Owners' Association not later
than the date on which the subdivision map is signed by an authorized member of the Planning Board.
16. That the building envelopes as shown on the final plan shall be interpreted as being
the setbacks for all permitted structures whether principal or accessory.
17. The Declarant grants the continuing right in perpetuity to the Town of Southold or
any of its designated representatives to inspect any areas designated as open space, common areas,
open space easements, or any similar nomenclature so as to ensure continued compliance with the
covenants, terms and provisions designated herein in regard to same and to ensure that such
covenants, terms and provisions have not been violated.
18. Declarant grants the continuing right in perpetuity to the Town of Southold, any of
its designated representatives or any owner of property within the subdivision to enforce the
conditions and restrictions of the covenants as they relate to the open space, or any similar
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 upon
Declarant, its heirs, executors, legal representatives, distributees, successors, assigns and transferees.
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19. These covenants and restrictions can be modified only at the request of the then owner
of the premises 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 such
hearing, but their consent to such modification shall not be required.
IN WITNESS WHEREOF, the Declarant above named has executed the foregoing
Declaration the day and year first above written.
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
M~~Y1n the year 2001, before me, the undersigned, personally
appeared... personally known to me, or proved to me on the
basis of satisfacto evidence, to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
~;f!'
Notary Public ~
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SCHEDULE A
PARCELS: 1000-125.00-04.00-024.001 and 021.000: 1000-126.00-07.00-001.000
ALL that certain plot, piece or parcel ofland, situate, lying and being at Laurel, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road where same is intersected by the division
line of the westerly side ofland now or formerly of Bert G. Lewis, Jr. with the southerly side of Main
Road;
RUNNING THENCE along said land of Lewis and others the following courses and distances:
South 18 degrees 40 minutes 00 seconds East, 203.82 feet;
South 13 degrees 45 minutes 50 seconds East, 773.42 feet;
North 87 degrees 02 minutes 00 seconds East, 65.08 feet;
South 18 degrees 31 minutes 50 seconds East, 660.47 feet;
South 12 degrees 34 minutes 00 seconds East, 283.51 feet;
South 84 degrees 35 minutes 40 seconds East, 135.55 feet;
South 18 degrees 42 minutes 40 seconds East, 245.02 feet;
South 71 degrees 21 minutes 40 seconds West ,558.44 feet;
South 18 degrees 25 minutes 10 seconds East, 935.78 feet;
South 49 degrees 44 minutes 40 seconds West, 667.30 feet;
South 48 degrees 09 minutes 10 seconds West, 399.14 feet;
North 17 degrees 35 minutes 40 seconds West, 148.79 feet;
South 39 degrees 31 minutes 40 seconds West, 478.84 feet;
Along an arc ofa curve bearing to the right, having a radius of50.00 feet, a distance along
said curve of 131.14 feet;
South 39 degrees 48 minutes 10 seconds West, 70.00 feet;
North 50 degrees 11 minutes 50 seconds West, 93.19 feet;
South 39 degrees 31 minutes 40 seconds West, 70.00 feet;
South 50 degrees 11 minutes 50 seconds East, 92.85 feet
South 39 degrees 48 minutes 10 seconds West, 316.43 feet;
Along an arc of a curve bearing to the left, having a radius of 50.00 feet, a distance along said
curve of 102.88 feet;
South 18 degrees 04 minutes 40 seconds East, 129.31 feet;
South 06 degrees 11 minutes 40 seconds East, 62.70 feet;
South 20 degrees 00 minutes 20 seconds East, 100.63 feet to the northerly side ofPeconic
Bay Boulevard;
THENCE along the northerly side ofPeconic Bay Boulevard the following (2) courses and distances:
1)
2)
3)
4)
5)
6)
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1) South 39 degrees 48 minutes 10 seconds West, 32.60 feet;
2) South 29 degrees 04 minutes 40 seconds West, 16.60 feet;
THENCE North 19 degrees 44 minutes 20 seconds West, 265.74 feet;
THENCE South 29 degrees 04 minutes 40 seconds West, 800.00 feet to the easterly side ofDe1mar
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Drive;
THENCE along the easterly side of Delmar Drive, the following two (2) courses and distances:
1) North 19 degrees 44 minutes 20 seconds West, 265.37 feet;
2) Along an arc ofa curve bearing to the left, having a radius of50.00 feet, a distance along said
curve of 124,70 feet;
THENCE the following three (3) courses and distances:
1) North 19 degrees 44 minutes 20 seconds West, 299.44 feet;
2) North 18 degrees 20 minutes 10 seconds West, 2813.61 feet;
3) North 28 degrees 57 minutes 10 seconds West, 333.78 feet to the southerly side ofL.1.R.R.;
THENCE along the southerly side of the L.1.R.R. the following six (6) courses and distances:
1) North 47 degrees 27 minutes 00 seconds East, 1173.78 feet;
2) North 47 degrees 17 minutes 40 seconds East, 270.32 feet;
3) South 18 degrees 13 minutes 10 seconds East, 9.07 feet;
4) North 47 degrees 17 minutes 40 seconds East, 221.15 feet;
5) North 18 degrees 42 minutes 00 seconds West, 9.23 feet;
6) North 47 degrees 17 minutes 40 seconds East, 242.49 feet to the southerly side of Main
Road;
THENCE along the southerly side of Main Road, the following five (5) courses and distances:
1) North 82 degrees 57 minutes 30 seconds East, 147.36 feet;
2) North 68 degrees 41 minutes 20 seconds East, 217.59 feet;
3) North 73 degrees II minutes 20 seconds East, 354.78 feet;
4) North 71 degrees 11 minutes 20 seconds East, 275.00 feet;
5) North 54 degrees 48 minutes 50 seconds East, 257.85 feet to the land now or formerly of
Lewis as first above mentioned and the point or place ofBEGlNNlNG.
PARCEL: 1000-125.00-03.00-013.000
ALL that certain plot. piece or parcel ofland, situate, lying and being at Laurel, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road where the division line between premises
described and land now or formerly of 1.8. Young intersects the southerly side of Main Road;
RUNNING THENCE along the southerly side of Main Road, the following two (2) courses and
distances:
I) North 68 degrees 25 minutes 00 seconds East, 89.46 feet; and
2) North 76 degrees 52 minutes 00 seconds East, 317.57 feet to land now or formerly of Frank
and Helen Carlin;
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THENCE South 18 degrees 24 minutes 10 seconds East, along said last mentioned land and also
along land of the Long Island Railroad, 351. 90 feet;
THENCE still along land of the Long Island Railroad, the following two (2) courses and distances:
1) South 47 degrees 17 minutes 40 seconds West, 73.15 feet; and
2) South 47 degrees 27 minutes 00 seconds West, 361.51 feet to land now or formerly of the
Estate of Albert C. Nolte:
THENCE North 19 degrees 20 minutes 00 seconds West, along said last mentioned land and also
along land now or formerly of J.R Young, 554,17 feet to the southerly side of Main Road, at the
point or place of BEGINNING.
PARCEL: 100-125.00-03.00-015.000
ALL that certain plot, piece or parcel ofland, situate, lying and being at Laurel, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a monument set on the southerly side of Main Road, said monument being located
at the northeasterly comer of land now or formerly of Carlin;
RUNNING THENCE North 77 degrees 02 minutes 50 seconds East along the southerly side of Main
Road, 86.51 feet;
THENCE North 86 degrees 34 minutes 00 seconds East along the southerly side of Main Road,
118.09 feet;
THENCE North 86 degrees 31 minutes 20 seconds East, 115.62 feet;
THENCE running along land now or formerly of the Long Island Railroad the following (3) courses
and distances:
1) South 47 degrees 17 minutes 40 seconds West, 122.22 feet;
2) North 18 degrees 19 minutes 30 seconds West, 9.06 feet; and
3) South 47 degrees 17 minutes 40 seconds West, 220.25 feet to land now or formerly of Carlin;
THENCE along said land, North 18 degrees 13 minutes 10 seconds West, 200.61 feet to the
southerly side of Main Road and the point or place of BEGINNING.
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