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HomeMy WebLinkAbout1000-79.-8-18.1 . . ~ DECLARATION AND COVENANT ') J,t; THIS DECLARATION made th~pay of May, 2008, by ALLAN WEXLER and ELLEN WEXLER, residing at 305 West 20th Street, New York, New York 10011, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Southold, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a minor subdivision application entitled, "Standard subdivision of Allan and Ellen Wexler", as shown on Final Plat last dated prepared by Joseph A. lngegno, LS, dated September 12, 2001 and last revised on September 11, 2006, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run 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: a. Future residents of the lots on the approved subdivision are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town code. . . b. No further subdivision of any of the lots on the approved subdivision map in perpetuity. c. No changes to any of the lot lines without Planning Board approval. d. All storm water runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. e. Prior to any construction activity on Lot 1, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Enviornmental Conservation under Phase II State Pollutant Discharge elimination system. f. The clearing for Lot 1 will be 35 %and refer to Section 240-49C of the Town Code. g. No clearing, grading or ground disturbance shall be permitted within 100' of the freshwater wetlands h. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner. i. A fifty (50) foot buffer will be created along North Bayview Road to remain in its natural state and cannot be cleared and/or disturbed other than a driveway. j. Declarant shall use native plants and disease-resistant and drought tolerant plants and landscaping. k. All utilities will be located underground I. Declarant shall not apply and use synthetic pesticides and fertilizers capable of entering the potable water supply. m. Declarant shall use pervious driveways to serve each lot. . . These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of South old granted by a majority plus one vote of the Planning board, after a public hearing. 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 whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of South old or its successors, after a public hearing. . . , . d., ,"~N':;::: ::::EOF, th' Oecl'A";:':;'["d ".1 th, Allan Wexler qpt7~ WVX&f Ellen Wexler State of New York) ss: Countyof S"H.lk) On this '2'1 r~day of May, 2008 before, the undersigned, personally appeared ALLAN WEXLER and ELLEN, WEXLER, personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ~~~ John M. Judge NOTARY PUBLlC6SIate 01 New York No. 01 JU605940 Qualified In Suffolk County Commission Expires May 29. 20!L