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Home My WebLink AboutL 12147 P 149DECLARATION OF COVENANTS & RESTRICTIONS B. Tuthill Limited Family Partnership affJa John B. Tuthill Family L.P., with an address at c/o John B. Tuthill, P.O. ~,,~x 192, Orient, NY 11957, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the south side of Main Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into two (2) lots, as shown on the Setoff Map of "Clustered Subdivision for the Tuthill Family" prepared by John C. Ehlers, Land Surveyor, last dated April 26, 2001 which map is to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of said 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 and prospective owners of said lots that the within Covenants and Restrictions be imposed on both lots (gl and #2), and as a condition of said approval, 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 the same will be for the best interest of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLiLRANT, for the !mrpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lot #2 within said setoff map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall nm with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: WHEREAS, the DECLARANT is required, pursuant to the Conditional Sketch Approval granted by the Planning Board of the Town of Southold in a resolution adopted on March 7, 2000, and pursuant to Conditional Final Approval granted by the Planning Board of the Town of Southold in a resolution adopted August 13, 2001, to create a covenant and restriction on parcel 2 as follows: 1. The set-off known as "Clustered subdivision for the Tuthill Family" located in the Low Density Residential, R-80, Zoning District, in which the minimum lot area requirement is 80,000 square feet. The Planning Board has allowed the application to be processed as a cluster subdivision, thereby allowing the creation of a 25,015 square foot lot (Lot #1) as shown on the map as last amended on April 26, 2001. In accordance with the cluster provisions, 54,985 square feet (the difference between 80,000 square feet and 25,015 square feet) must be excluded from the yield of any future development of the remaining parcel (Lot # 2). 2. New drainage installations shall contain run-off generated by all new construction. This includes but is not limited to all roof areas, driveways, patios, and other similar impervious surfaces. The covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state, or federal laws, ordinances, regulations, or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations, and/or provisions may hereafter be revised, amended, or promulgated. The covenants and restrictions contained herein shall be enforceable by the Town of Southold or by any lot owner by injunctive relief or by any other remedy in equity or at Law. The failure of the Town of Southold or any of its agencies 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. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANTS, its 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 a majority plus one of the Planning Board of the Town of Southold after a public heating. 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 within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, 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 Southold or its successors, after a public hearing. 1N WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. For the John B. Tuthill Limited Family Partnership a/k/a John B. Tuthill Family L.P.: ( By? John B. Tuthill, General Partner State of New York SS. County of Suffolk On the }If& day of O~bO.~r' in the year~"7,l~l before me, the undersigned, a Notary Public in and for said state, personally appeared ~-m h~t ~. T~[f I ~ , personally ~own to me or proved to me on the basis of satisfactow evidence to be the individual(s) whose nme(s) is (~e) subschbed to the within inst~ent ~d ac~owledged to me ~at he/she/they executed the sine in his~er/~eir capacity(ies), ~d that by hisSer/their si~m~e(s) on ~e insment, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Not~ Public SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTI Number of Pages: 6 District: Section: Block: 1000 017.00 06.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Recorded: At: LIBER: PAGE: Lot: Exempt Page/Filing $18.00 NO Handling COE $5.00 NO TP-584 Notation $0.00 NO Cert. Copies RPT $15.00 NO SCTM Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 10/15/2001 02:54:29 PM D00012147 149 014.00~ Exempt $5.00 NO $0.00 NO $6.00 NO $0.00 NO $49.00 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 4I Handling ~ O0 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. /~" / Comm. of Ed. 500 Reg. Copy Other Deed / Mortgage Tax Stamp FEES Sub Total Sub Total ORANDTOT^L HCL OO Real Property Tax Service Agency Verification Dist. Section B lock Lot 0 to0 '],oo O e,oo RECORPE[) 200i Oc~ 15 02:54:29 Pl*l L L?r::. OF ~;IjF FOLK L:uUNTY Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TO]'. MTG. TAX Dual 3'own Dual County.__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Satisfactions/Discharges/Releases List Property Owners Mailing Addres~ RECORD & RETURN TO: Suffolk ]his page forms part of the attached TO Vacant Land TD TD TD Title Company Information Co. Name Title # Recordin & Endorsement Pa "~¢L-III:~ID. ~ ~::~O-.%"~g ~' /~,~'{'~.d[~;tl.} madeby: (SPECIFY TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNq~, NEW YORK. In the T0wnship 0f In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE 'IXPED OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER)