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HomeMy WebLinkAboutL 12048 P 2 DECLARATION OF COVENANTS AND RESTRICTIONS ?esidlng at San Simeon Adult Home, G P , as residuaW devisee of the Last Will and Testament of Owille W. Terw who died 12/24/86 (Surrogate No. 274 P 1987) as to tax lots f 10~-020.00-01.00-003.002 and 003.003, TOWN OF SOUTHOLD, with offices at 53075 Main Road, Southoid, New York, 11971 as owner of deveJopmentaJ rights granted by Liber 10715 cp 202 as to tax lot ~ 1 ~0-020.~-01 .~-~3.~2 and EDWARD J. WYSOCKJ, residing at 37725 Main Road, Orient, New Yo~, 11957 as Jee owner by deed in Liber 11733 cp 209 as to tax lot ff 1~20.~ 1 .~3.~4, hereinafter refe~ed to as DECLARANTS, as owners of premises described in ScheduJe "A' annexed hereto (hereinafter referred to as PREMISES) deske to resist the use and enjoyment of said PREMISES and has for such purposes dete~ined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES sha~l be held and shall be conveyed subject to the folJowing covenants and restrictions: ~. WHEREAS, DECLARANTS have made application to the Suffolk County Department of Health Se~ices (hereinafter reJerred to as the DEPARTMENT) for a permit to construct and)or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES, and ~. WHEREAS, the PREMISES are to be se~ed by an individual on-site private wel[; and WHERAS, the test welJs sampled for the PREMISES indicated that the test results were within the minimum drinking water standards and/or guidelines of the State of New York and results are attached hereto as ScheduJe C. Each chemical parameter which exceeds 60% of the acceptable level is ~dicated with an asterisk; and WHEREAS, it has been determined that wate~ quality of private wells is subject to change; and WHEREAS, approval of the DEPARTMENT does not guarantee that the water quality will always meet drinking water standards; and WHEREAS, the DEPARTMENT recommends periodic comprehensive water analysis of such welJ in order to monitor the water quality to prevent the unknowing consumption oJ contaminated water, the DECLARANTS, their successors, heirs, or assigns agrees that if said water anaJysis should indicate water contamination in excess of the mJnmum drinking water standards and/or guidelines of the State of New York, DECLARANTS, their successors, heirs, or assigns may be require to, A. connect to public water, or B. install necessap/ water conditioning equipment so as to meet the minimum drinking water standards and/or guidelines of the State of New York. The DECLARANTS, their successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subiect same to the covenants and restrictions contained herein. Failure of the DECLARANTS, their successors and/or assigns to so condition the leases shall not invalidate their automatic subj'Jgation to the covenants and restrictions. L All of the covenants and resffictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect af the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, emended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Courtly of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor fo compose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shalT be binding upon the DECLARANTS, their successors and afsigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMEt4T. s. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. g 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 validily of these covenants as a whole, or any other part or provision hereof other than the part so od'udged to be illegal, unlawful, invalid, or unconstitutional. ii) Local Lavr #32-1980 - The DECLARANTS represent and warrant that they has not offered or given any gratuity fo any official, employee, or agent of Suffolk Court[y, New York State, or of any political party, with the purpose or intent of iTITLE N0. 25970.SS SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and keing in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ~EGINNING at a point on the northerly side of Main (State) Road distant 32.60 feet westerly as measured along the northerly side of ~ain Road from the corne~ formed by the intersection of the northerly side of Main Road and the westerly side of Greenway East; FUNNING THENCE along t he northerly side of Main Road the following three (3) courses and distances; 1) South 68 degrees 48 minutes 30 seconds West, 255.22 feet to a ~oint; 2) Westerly along the arc of a curve to the right, having a radius cf 994.00 feet and a distance of 152.09 feet to a point; 3) South 77 degrees 34 minutes 00 seconds West, 339.53 feet to land now or formerly of the Estate of Spencer; THENCE North 11 degrees 05 minutes 00 seconds West, along the last ~entioned land, 2639,71 feet to the Long Island Sound; IHENCE easterly along the Long Island Sound, along a tie course of North 75 degrees 33 minutes 30 seconds East, 451.82 feet to the Map cf Green Acres, filed in the Suffolk County Clerk's Office as Map NO. 3540; /HENCE along the last mentioned land the following three (3) ¢ou~es and distances; 1) South 9 degrees 24 minutes 00 seconds East, 1809.00 feet to a point; 2) North 82 degrees 24 minutes 00 seconds East, 419.50 feet to a point; 3) South 5 degrees 30 minutes 10 seconds East, 768.39 feet to the northerly side of Main Road, the point or place of BEGINNING. 1204 87t002 Number of pages /! ~ 1ORRENS Serial #. Certificate #. Prior C~£ # De~-d/Mortgage Instrument 41 Deed / Mortgage Tax Stamp RLq: Om 0S JL'!i 12 fi?i 10:53 SUFF6[~;COUNTY Recording ! Filing Stamps FEES SubTotal -- GRAND TOTAL Spec./Add. TOT. MTG. TAX Real property Tax Service Agency Ve'iflcation 0.90.0o OI. bb Satisfactio~DJschatges/Releases List Pro~y Owne~ Mailir RECO~ & RETURN TO: ~o~ P.Ter,',I, 'To.~.., of Seu'4~olc4 TO Community Preservation Fund Lot Consideration Amount CPF Tax Due S TD TD TD Title Company Information Co. Name F,'deh~ U~t,o,uol T~-(~-._ Title # Suffolk County Recording & Endorsement Page This page forn~ part ofthe attached "~¢lea~',0~ o.~ ("OU~.~O~'/~ ~' (SPECIFY TYPE OF INSTRUMI'~NT ) The premises I~lein is situated in SUFFOLK COUNFY, NEW YORK. In the Township of In the VILLAGE or IIAMLETof (~C.'~,/1 1c , made by: i;OXES 5 Ti IRU 9 MUST BE TYPED OR ~ IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER)