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HomeMy WebLinkAbout1000-113.-7-1.1 .............J 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 5 Receipt Number : 07-0003844 Recorded: At: District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM LIBER: PAGE: Section: 113.00 EXAMINED Following Fees For Block: 07.00 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 01/12/2007 02:49:26 PM 000012487 224 Lot: 001. 001 $5.00 $15.00 $0.00 $30.00 $75.00 Exempt NO NO NO NO -- Number of pages TORRENS Serial # Certiticate # Prior Of. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Page I Filing Fee Handling 5. 00 TP-584 Notation EA-5217 (County) Sub Total 0)6 EA-5217 (State) __~ni) R.P.T.S.A. Comm. of Ed. 5. 00 Atfidavit J) Certitied Copy /' J).!.J 7 5 Reg. Copy Sub Total Otber /5 Grand Total 4 DistrictlOOO Section 113 Block 7 Lot Real Property Tax Service Agency Verification 1000 11300 0700 001001 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: RANDALL C. WEICHBRODT, ESQ. PO BOX 3042 EAST QUOGUE, NY 11942 7 Co. Name Title # . PECOP[:;:~[:: 2C!07 .}.3'; i2 Ci:2:4';~2f. F'i"'i 3udith ~L F'.3Sc.3le C:LEF.:V JF ';U!~'FOLf< CCiUi"~T\" L. C{JOO 124::::7 P 224 Recording / Filing Stamps 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 propel1y 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. 1.15 Communit Preservation 'Fund Consideration Amount $ $ CPF Tax Due Improved Vacant Land TD 'I'D 'I'D Title Company Information 8 Suffolk County Recording & Endorsement Page This page forms part of the attached COVENANTS AND RESTRICTIONS (SPECIFY TYPE OF INSTRUMENT) made by: BENNETT BROKAW The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of _MATTITUCK...---- TO < '. BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (over) . . DECLARATION OF COVENANTS AND RESTRICTIONS or THIS DECLARATION is made this ~ day of January, 2007, by Bennett Brokaw, presently residing at 31 Woodland Avenue, Westhampton Beach, New York 11978, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the south side of Bergen Avenue, approximately 1299 feet west of Cox Neck Road in Mattituck, Town of Southold, County of Suffolk, State of New York, more specifically described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval ITom the Planning Board of the Town of Southold to subdivide said real property into two (2) building lots as shown on the Subdivision Map entitled "SUBDIVISION MAP OF BENNETT BROKAW" (hereinafter Map), prepared by Joseph A. Ingegno, Land Surveyor, last dated June 21, 2006, which map will be filed herewith in the Office of the Suffolk County Clerk; 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 owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots I 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 interests of the DECLARANT and subsequent owners of said lots, NOW THEREFORE THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the lots within said subdivision map shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: I. There shall be no further subdivision, resulting in additional building lots, to any of the two lots, as shown on the aforesaid subdivision map. No lot lines shall be changed unless authorized by the Town Planning Board. . . 2. Access to Lot 2 shall be from a private driveway within the 20' -wide flag strip shown on the approved subdivision map. 3. Future residents of the lots on the approved subdivision map 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, ofthe Southold Town Code. 4. 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. 5. Prior to any construction activity on Lot 2, the project will require a Genera] Permit for the storm water runoff from construction activity (GP-02-0]) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. The within Declarations shall run with the land and shall be binding upon the DECLARANT 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 Planning Board of the Town of Southold or its successor, following a public hearing. ]f 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 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 Iiabi]ity 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 herein and made a part hereof, as though fully set forth. That the within Declarations shall run with the land and shall be binding upon the DECLARANT 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 2 approved by a majority plus one vote of the Planning Board of the Town of South old or its successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing Declaration the day and year first above written. DECLARANT: BY/~ Bennett Brokaw State of New York) County of Suffolk ) On the ~ day of January in the year 2007 before me, the undersigned, a Notary Public in and for said State, personally appeared BENNETT BROKAW, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/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. MARY J. DEHNER Notary Public, State of New Yortc No.01DE6149542 Qualified In Suffolk County ^ Commlaalon expires July 10,20/'-' (trl~O {JjAJ~ (Signature and Office of individual taking Acknowledgment) / / a~ fc D D B 5 ( ( s t 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 Reco~thereof, ~ereby certify that I have compared the annex1 with., the .original ..).. .1a......../tpdi,t.;.....RECORDEDt~ my office on ......~jt?!:::.D7 under Ll ~R .1\0.00. .qZ.6.'I..PAGE .~0-'r..and, that the same IS a true copy thereof, a~of the whole of such original. In Testimony Whereof, I havf)ereunto sllmy hand and affixed the seal of said County and Court on this ../d.....day of ./fiY):UL1!IUj.... .., 2o..~2 . ,~ , . . . SCHEDULE A ALL that certain piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and Stale of New York, bounded and described as follows: BEGINNING at a concrete monument along the southerly side of Bergen Avenue, said point being the following two courses and distances from the intersection of the southerly side of Bergen A venue and the westerly side of Cox Neck Road; J. South 63 degrees 54 minutes 3] seconds West 1298.54 feet to a point; 2. South 5S degrees 12 minutes 21 seconds West 20.87 feet to a concrete monument and the point and place of beginning; THENCE South 36 degrees 10 minutes 4 seconds East 673.51 feet to a concrete monument and Lot 1 Minor Subdivision for Arthur Foster; THENCE along the said land and land of James and Florence Bebbia South 59 degrees] 9 minutes 51 seconds West 231.92 feet to a pipe and the land of Pindar Associates; THENCE along said land the following two courses and distances: J. South S4 degrees 00 minutes 51 seconds West] 0 1.91 feet to a concrete monument; 2. North 35 degrees 24 minutes 44 seconds East 658.65 feet to a concrete monument and the southerly side of Bergen A venue; THENCE along the southerly side of Bergen Avenue North 55 degrees 10 minutes 53 seconds East 324.02 feet to a concrete monument and the point or place of BEGINNING.