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HomeMy WebLinkAbout1000-109.-6-9.1 , . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 5 Receipt Number : 06-0114862 Recorded: At: District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM LIBER: PAGE: Section: 109.00 EXAMINED Following Fees For Block: 06.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $15.00 $5.00 $0.00 $5.00 $0.00 Handling NYS SRCHG Notation RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 11/29/2006 01:10:10 PM 000012480 817 Lot: 009.001 $5.00 $15.00 $0.00 $30.00 $75.00 Exempt NO NO NO NO .ww . c:> Number of pages c: RECClR[:lECi 2006 tkl1) 2'3 01: 10: 10 Pi'l Judit.h R. Pascale CLERr.:: OF SUFFOLK COUrfrl.,.' L [:{!0012480 P 81.7 This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee Handling lS=- EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Sub Total c:JO Mortgage AmI. I. Basic Tax 2. Additional Tax Sub Total Spec.lAssit. or 5. 00 TP-584 Notation IS. 00 Sub Total 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 two family dwelling only. YES or NO Affidavit ~;~;~~~ NYS Surcharge 5 .- Comm. of Ed. 30 cx---..., 5. 00 Other Grand Total If NO, see appropriate tax clause on page # of this instrument. 1000 4 Dts!. 1000 10900 0600 009001 5 Community Preservation Fund Real Property Tax Service Agency Verification Consideration Amount $ CPF Tax Due $ 6 SatisfactionslDischargeslReleases List Property Owners Mailing Address RECORD & RETURN TO: steven E. Losquadro, P.C. 649 Route 25A Suite 4 Rocky Point, NY 11778 Improved Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk 7 Title Com an Information Co. Name Title # 8 Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached Amendment to Covenant & Restriction (SPECIFY TYPE OF INSTRUMENT) made by: Manzi Trust The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO Town of Southold In the TOWN of In the VILLAGE or HAMLET of Southold Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMJ;,ORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property iaxes. *vou w!1l now need to contact your local Town Tax Receiver so that vou mav be billed directlv for all future orooertv tax statements, Local property taxes are payable twice a year: on or before January 10'h and on or before May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Llndenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead. N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence H!l1 Farmingville, N.Y. 11738 (631) 451-9009 Sheiter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island. N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton. N.Y. 11937 (631) 324-2770 Smith town Town Receiver of Taxes 99 West Main Street Smithtown. N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y, 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y, 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold. N.Y. 11971 (631) 765-1803 Sincerely. Cl'rl;TL Q. J/~ Judith A. Pascale Suffolk County Clerk 12-0104.. 06/06kd . . AMENDMENT TO DECLARATION OF COVENANT AND RESTRICTIONS THiS DECLARATION made on this d l' day ofNO"chtj~1\. ,2006 by John Elci~s Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, herinafter referred to as DECLARANT, as the Owner of premises located directly north of Cedar's Road in Cutchogue, New York 11935 and described (herein after referred to as the PREMISES) as SCTM No. 1000-109.00-06.00-009.001, who desires to restrict the use and enjoyment of said PREMISES and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that the PREMISES shall be held and shall be ,conveyed subjectto the following covenants and }..l't restrictions: LA:klC"':te add(eSS I'::,;:' E:3 'I ko..\r\C~ o..~ K.). ~ ~ r , \ III g WHEREAS, DECLARANT has previously filed with the Suffolk County Clerk covenants and restrictions in Liber 12467 at page 209, and the DECLARANT hereby seeks to amend the covenants and restrictions filed only to the extent set forth herein; and WHEREAS, the Planning Board of the Town of South old consents to the amendment of the covenants and restrictions upon said land; and NOW, THEREFORE, the DECLARANT, its successors and/or assignes hereby sets forth the following covenants, agreements and declarations against the above described property: 1. The DECLARANT hereby agrees that access to lot 1 shall be from cedar's Road. 2. The previously filed Declaration of Covenants and Restrictions, as recorded in the Office of the Suffolk County Clerk in Liber 12467 at page 209, will remain valid, with the exception of the noted change. 3. All of the covenants and restrictions 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 at the time of execution of this agreement, or at the time such laws, ordinances and/or regulations may thereafter be revised, amended, or promulgated. 4. 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. 5. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, County of Suffolk and/or State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies to enforce the same shall not be deemed to affect the validity of this covenant. 6. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following a public hearing. 7. 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 effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. ACKNOWLEDGMENT State of New York ) ):ss.: County of Suffolk ) On the ~ day of -'Jove".. 10...,,-. in the year 2006, before me, the undersigned, personally appeared, John Elcik personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person on behalf of which the individual(s) acted, executed the instrument. FREDERICK J. NAPOLITANO Notary Public, SWe of New York Reg. No. 01NAC089519 J Qu,,:i\ied in Suffolk County 0 0 Commis&ion Expires March 24, _ "+ , . COUNTY CLERK'S OFFICE STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Recorj,! therfof, df hereby ~ertify that I have compared the annered with tht original Hmf.Nlm&J..o.(!5.HN.,,:?i..RECORDED in my office on .11":'.d::Cf.~.;;".():j... under LlBER ...i.d..i.J.r0..............PAGE ..1S:l7.....and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, ] jave ~ereunto set?J~ hand and affixed the seal of said County and Court on this.... .1.+.. .day of .N9.. rn.f?&f-.........., 20.0&.. \ CLEruQ~~. . [l..tJit<t :.1;8'0 . . ,. Schedule A Page 1 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of the westerly line of New Suffolk Road (or Lane) with the northerly line of Cedars Road; THENCE from said point of beginning: RUNNING THENCE along the northerly line of Cedars Road the following (2) courses and distances: 1) South 80 degrees 19 minutes 30 seconds West 169.70 feet; and 2) South 73 degrees 39 minutes 50 seconds West 153.95 feet to lands of Caberon Properties, Inc; THENCE along said last mentioned land the following (8) courses and distances: 1) North 09 degrees 19 minutes 30 seconds West 198.76 feet; 2) North 80 degrees 06 minutes 40 seconds East 69.85 feet; 3) North 09 degrees 53 minutes 20 seconds West 112.72 feet; 4) North 77 degrees 53 minutes 30 seconds East 85.97 feet; 5) North 09 degrees 53 minutes 20 seconds West 373.95 feet (deed) 353.50 feet (actual); 6) North 63 degrees 12 minutes 40 seconds West 190.17 feet (deed) 201.84 feet (actual); 7) North 38 degrees 27 minutes 20 seconds West 204.74 feet; and 8) South 69 degrees 31 minutes 30 seconds West 72.24 feet to the easterly line of Case's Lane; THENCE along the easterly line of Case's Lane, North 17 degrees 00 minutes 00 seconds West 73.36 feet to the lands of Swiatocha; THENCE along lands partly of Swiatocha and partly of Milius, the following two (2) courses and distances: 1) North 78 degrees 59 minutes 20 seconds East 211.81 feet; and 2) North 80 degrees 06 minutes 40 seconds East 293.07 feet to the westerly line of New Suffolk Road; . . . . -, Schedule A Page 2 THENCE along the westerly line of New Suffolk Road, South 09 degrees 53 minutes 20 seconds East 343.60 feet to lands of Richard L Horton; THENCE along said last mentioned land South 80 degrees 06 minutes 40 seconds West 150 feet to a point in lands herein described; THENCE partly along the lands of Richard L Horton A.F. Cain, R. H. Case, C. Novitt and Axin (formerly Sauer), South 09 degrees 53 minutes 20 seconds East 500 feet; THENCE from said point North 80 degrees 06 minutes 40 seconds East 150 feet to the westerly line of New Suffolk Road; THENCE along the westerly line of New Suffolk Road, South 09 degrees 53 minutes 20 seconds East 172.10 feet to the point or place of BEGINNING. . 111111111111111111111111111 1111111111 1111111111 11111111 111111111111111111111 111I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 6 Receipt Number : 06-0085297 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 109.00 EXAMINED Following Fees For Block: 05.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $18.00 $5.00 $0.00 $5.00 $0.00 Handling NYS SRCHG Notation RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 08/31/2006 01:11:07 PM D00012467 209 Lot: 008.000 $5.00 $15.00 $0.00 $30.00 $78.00 Exempt NO NO NO NO . ' . -.-' Number of pages TORRENS &7 Serial # Certificate # Prior Clf. # Deed. Mortgage Instrument Deed I Mortgage Tax Stamp 3 FEES .- Page I Filing Fee Handling 5.QL TP-584 Notation :J3 - EA-5217 (County) Sub Total EA-52l7 (State) R.P.T.S.A. ~) 00 5. .00...- Comm. of Ed. Affidavit (~:;tlfled Copy) ..... ---- ---_.----/ Reg. Copy ~ .- Sub Total 513- ._,- 10 Grand Total Other 4 Block Section 109.00 Real Property Tax Service Agency Verification 1000 10900 0500 008000 6 SatisfactionlDischargeslRelease List Property Owners Mailing Address RECORD & RETURN TO: steven E. Losquadro, P.C. 649 Route 25A Suite 4 Rocky Point, NY 11778 7 Co. Name Title # , ;i;- Recording I Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. I Assit. or Spec. I Add. TOT. MTG. TAX Dual Town _ Dual County _ Held for Appointment _ Transfer Tax Mansion Tax The property covered by this motgage 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. 5 Community Preservation Fund Consideration Amount $ $ CPF Tax Due Improved Vacant Land TD TD TD Title Company Information 8 Suffolk County- Recording & Endorsement Page This page forms part of the attached Covenants & Restrictions made by: Manzi Trust (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in TO 'i'own of Southold In the Township of SU,,'FOLK COUNTY, NEW YORK. Southold In the VILLAGE or HAMLET of Cutchogue BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) . . THIS DECLARATION made by John Elcik as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, this 30 day of A-v~ v'!' I ,2006, located at 9 Rockhalllane, Rocky Point, New York 11778, herein a er referred to as DECLARANT, as owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desire to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: I. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval of plans or approval of a Standard Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN ofthe subdivision or development application, the DECLARANTS covenant as follows: a. that pursuant to Section AI06-56(C) of the Southold Town Code, clearing limits for each lot as shown on the approved subdivision map are as follows: i. Lot I clearing limit - 26,486.30 sq. ft. (35.00%) ii. Lot 2 clearing limit - 20,310.34 sq. ft. (50.00%) iii. Lot 3 clearing limit - 20,041.00 sq. ft. (50.00%) iv. Lot 4 clearing limit - 22,415.07 sq. ft. (50.00%); and b. that access to Lots I, 2 and 3 shall be from New Suffolk Avenue; and c. that access to Lot 4 shall be from Cases Lane; and d. that no changes to any of the lot lines without Planning Board approval; and e. that all stormwater 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, and f. prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runofffrom Construction Activity (GP-02-01) administered by the New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program, and g. the location of principal residential structures must be within the building envelope shown for each lot on the approved map, and h. construction of residences on any or all of the lots on the approved map shall include the use of gutters, leaders and subsurface drywells to retain surface runoff, and i landscaping on any or all ofthe lots on the approved map shall consist of native, disease-resistant and drought-tolerant plants, and j. the residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map, and . . k. construction or residences on any or all lots on the approved map shall include the use oflow flow faucets and toilets, and I. pervious driveways shall be required to serve each lot on the approved map. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in ant and all leases to occupants, tenants and/or lessees of the above-described property and shall, by their terms, subject 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 subjugation to the covenants and restrictions. 4. All ofthe covenants and restrictions contained herein shall be in addition to and not in derogation oflimitation upon any provisions oflocal, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subj ect to the provisions of all laws required 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. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose 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 shall be binding on the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them. 8. If any section, subsection, paragraph, clause, phrase or provision ofthese covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 9. 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 DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, r-- terminated, revoked or amended by subsequent owners of approved by a maj ority plus one vote of the Planning ar its successors, after a public hearing ACKNOWLEDGMENT State of New York ) ):ss.: County of Suffolk ) On the 30 day of A-u '''.l.,,- in the year 2006, before me, the undersigned, personally appeared, John Elcik personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir capacity(ies), and that by hislherltheir signature( s) on the instrument, the individual( s) or the person on behalf of which the individual(s) acted, executed the instrument. FREDERICK J. NAPOLITANO Notary Public, State of New York Reg. No.01NA6089519 Quafified in, Suffolk County .) 00 + Commission Expires March 24, _ Z5' Notary Public ~ r c COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK \ I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the COt:rt of l'ecJo~ thereof, dA: hereby fel1ify that I have compared the anne!'ted Wjilh the ongma. uec.l~e..'TlDAJ......RECORDED 111 the office on '25/'0.1. .~ under LlBFR J.qCjlc:7........PAGE .dO~.and, that the same is a true copy thereOf and of the whole of such original. In Testimony Whereof, I have hereunto s~^my hand and affixed the seal of said County and COLIJ1 On tI1JS .'3.l?rdaYOf"~Lt~..... 20.Db CLERK.Q~~a.IJ~..,\, . . Schedule A Page 1 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of the westerly line of New Suffolk Road (or Lane) with the northerly line of Cedars Road; THENCE from said point of beginning: RUNNING THENCE along the northerly line of Cedars Road the following (2) courses and distances: 1) South 80 degrees 19 minutes 30 seconds West 169.70 feet; and 2) South 73 degrees 39 minutes 50 seconds West 153.95 feet to lands of Caberon Properties, Inc; THENCE along said last mentioned land the following (8) courses and distances: 1) North 09 degrees 19 minutes 30 seconds West 198.76 feet; 2) North 80 degrees 06 minutes 40 seconds East 69.85 feet; 3) North 09 degrees 53 minutes 20 seconds West 112.72 feet; 4) North 77 degrees 53 minutes 30 seconds East 85.97 feet; 5) North 09 degrees 53 minutes 20 seconds West 373.95 feet (deed) 353.50 feet (actual); 6) North 63 degrees 12 minutes 40 seconds West 190.17 feet (deed) 201.84 feet (actual); 7) North 38 degrees 27 minutes 20 seconds West 204.74 feet; and 8) South 69 degrees 31 minutes 30 seconds West 72.24 feet to the easterly line of Case's Lane; THENCE along the easterly line of Case's Lane, North 17 degrees 00 minutes 00 seconds West 73.36 feet to the lands of Swiatocha; THENCE along lands partly of Swiatocha and partly of Milius, the following two (2) courses and distances: 1) North 78 degrees 59 minutes 20 seconds East 211.81 feet; and 2) North 80 degrees 06 minutes 40 seconds East 293.07 feet to the westerly line of New Suffolk Road; . . Schedule A Page 2 THENCE along the westerly line of New Suffolk Road, South 09 degrees 53 minutes 20 seconds East 343.60 feet to lands of Richard L. Horton; THENCE along said last mentioned land South 80 degrees 06 minutes 40 seconds West 150 feet to a point in lands herein described; THENCE partly along the lands of Richard L. Horton A.F. Cain, R. H. Case, C. Novitt and Axin (formerly Sauer), South 09 degrees 53 minutes 20 seconds East 500 feet; THENCE from said point North 80 degrees 06 minutes 40 seconds East 150 feet to the westerly line of New Suffolk Road; THENCE along the westerly line of New Suffolk Road, South 09 degrees 53 minutes 20 seconds East 172.10 feet to the point or place of BEGINNING.