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Home My WebLink AboutL 12554 P 764DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this 9th day of.lune, 2008, by PECONIC LAND TRUST, INCORPORATED,'~ hereinafter referred to as the "DECLARANT"; as owne~ of the premises designated as part of SCTM #1000 - 63 -1-25 and shown on a survey prepared by Peconic Surveyors P.C. dated March 20, 2008 and last revised .lune 6, 2008, and a portion of which is designated as the "Residential Reserved Area" and described in the metes and bounds description attached hereto and made a part hereof, hereinafter referred to as the "Residential Reserved Area". -q<-6;L.~.~, /-/f~r~?TO~WiTNESSETH:A-~m,-..qO,.~THf~PT~,rO"// II~ WHEREAS, DECLARANT is the owner of certain real property situate at 3005 Young's Avenue, Southold, in the Town of SOuthold, County of Suffolk and State of New York, (the "Property"); and WHEREAS, the DECLARANT has granted to Town of Southold a Development Rights Easement dated June 9, 2008 for a part of SCTH #1000 - 63 - 1-25; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board") has deemed it in the best interests of the Town of Southold (the "Town"~a-~"d the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Reserve Area, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and ~ ~'.3~c/~-~ r~ ~,.o, p.o. ~,~x. I/7~), ,S~,~T~oC.'~, r~" I;~7/ WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Reserve Area shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: Grantor shall not make application for and seek a change of zone or any other relief from the Town of Southoid that would allow the subdivision of or a residential site plan approval for the Residential Reserved Area, unless such application provides for the transfer of development rights, in a form acceptable to the Town of Southold and as required by the Town Code. Notwithstanding the restrictions contained in Paragraph 1 above, Grantor retains the right to those uses permitted by the Town Code in the R-80 zoning district, including but not limited to principal and accessory uses or uses which may be granted by special permit, special exception, or variance, now or as the Town Code may be amended, subject to the limitation in Para. I above y~ith respect_to subdivision and residential site plan approval. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and 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. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or 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. 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. This Declaration 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. This Declaration shall run with the land and shall be binding upon DECLARANT, its 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 premises unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. 2 ' IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. STATE OF NEW YORK) COUNTY OF.-~.~ F~ I~' ) On the DECLARANT: P~C,~_, !C~ND, TRUST, INCORPORATED uy: T'~thyl~. Caufield, Vice President SS.: ~' day of.,~'~,~< in the year 2008 before me, the undersigned, personally appeared Timothy J. Caufield, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names.are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned in Notary Public Fidelity National Title Insurance Company of New York TITLE NO. 08-7404-71368-SUFF SCIIEI)ULE A-I (Description) RESIDENTIAL RESERVED AREA 1000-63-01 -PART OF 25 ALL that certain plot, piece or parcel of' land, with the buildings and improvements thereon, situate, lying and hcmg at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as fo}lmvs: BEGINNING at a point on the westerly line of Railroad Avenue (Young's Avenue) at a monnment set at thc intc~secmm formed by the westerly line of "Founder's Village Condominium, Section 1" filed in the Office of the Suffolk (ounty Clerk under Condominium Map No. 115; RUNNING THENCE in a westerly direction South 76 degrees 22 lnmutes 20 seconds West along "Founder's Village Condominium, Section 1" a distance of 306.98 feet to_a point; THENCE North 13 degrees 37 nmmtes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 dcgrees 11 minutes 20 seconds East a distance of 184.24 leer to a monument and lands now or formerly of Talarico; THENCE North 80 degrees I 1 minutes 20 seconds East along lands now or fk)rmerly c;f Talin icu a distance of 150.00 to a monument set on the westerly linc of Raih'oad Avenue (Yonng's Avenue); TIIENCE Sonth 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to thn point or place of I;;EGINNIN(L SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 5 Receipt Number : 08-0057635 District: 1000 Recorded: At: 06/17/2008 09:34:37 AM Page/Filing COE TP-584 Cert. Copies LIBER: D00012554 PAGE: 764 Section: Block: Lot: 063.00 01.00 025.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt $15.00 NO Handling $5.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $75.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County Number of'pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 2CtL'IL-': %*n !? .~ud~t.h ~ ~ CLERk: '.IF Si_!F'FL*iLi( l':F!l L [:,!)0L-i! 72554 F' 7;4 Deed / Mortgage Tax Stamp I Recording / Filing Stamps 31 FEES Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.RT.S.A. Comm. of Ed. Affidavit Other Real Property Tax Service Agency Verification 5. 00 Sub Total 5. 00 15. 00 Sub Total Grand Total ~ooo o~oo o~oo o2sooo~l0 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ,_~oc,'-r-A,4tnp-m,v, Nc{ t lq¢~ Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or t~vo family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fund Consideration Amount CPF Tax Due $ Improved Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www. suffolkcou ntyny, gov/clerk Title # Suffolk County Recording & Endorsement Page Thispageformspartoftheattached~5.~d~r~-r,'o,q Ooc dO,~2~J~/v,n'W~'~5 ? ~.~z'ZTr','c_~FTo,~-I madeby: (SPECIFY TYPE OF INSTRUMENT) Q--~/~*) IQ- ~-/~_)~.] T/~Ox,.~% rhe premises herein is situated in [ PO Q._I~}/~./z~,~./~"~'-~N,~) ' SUFFOLK COUNTY, NEW YORK. TO In the TOWN of T0kA) 63 h t!E:Z ~ ~0 '[~O_ ~-"'~ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) ~ ~' CC #: C08-6713 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 06/17/2008 under Liber D00012554 and Page 764 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 06/17/2008 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL