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HomeMy WebLinkAbout1000-122.-2-23.1 "\. . . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 7 Receipt Number : 06-0120157 Recorded: At: District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM LIBER: PAGE: Section: 122.00 EXAMINED Following Fees For Block: 02.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $21. 00 $5.00 $0.00 $10.00 $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 12/14/2006 04:05:34 PM 000012483 291 Lot: 023.001 $5.00 $15.00 $0.00 $30.00 $86.00 Exempt NO NO NO NO ~, :\1I111hLr (jf page:-; IT I TORRENS Sni:1I11 CcrliriL',llC .ft Prior etL 11 l)ccd . ~vlortg(l;;c Ill\trument Deed I Mortgage Tax Stamp 3 FEES Pagt~ I Filing Fce Handlin;.: Of) Ip.'~4 Notation /2~ L\.S217 (C"""lyl SlIb T,)t:1I h\.jZI7ISlale) R.P.T.SA QQ DO ('1I1l11ll. 01' F':d. ()() ;?jj~~I~\II_~ (~lIil~ Reg. COP) /0 100" , I Sub T\)lal l.' .---;;::::.:r- Gland '](>1:11_.,)). b ) Ollll'l" /5 4 DistlicllOOO Seclioll 122,02 Block 02.00 Lot 023.00 I 5 Real 1000 12200 0200 023001 Prqx;rty Ta\ Scrvtct: /\~ellC}; Vcr,i'ic;lti(lll 3 S,lli"j;'lc'linll/l)isc!wrge"/Re!easL' List Pnlpcny OWnCL'i iv1:iilillg ,.:.\ddres<., RECORD'" RETl'RN TO: Wickham, Bressler, Gordon & Geasa, P.c. P.O. Box 1424 Mattituck, New York 11952 7 . FECCPL"EL' ..'"; ,.". c>~,= i 4 C4 ~ CiS ~ 3+ ~''f'1 ~ ,. . ." jU'Jlt.!": H, . ..._v.... '2 ~::U~::;'~. ~}~ ~,"'.J: 1-1 i ").;j.;=:-.: j..-' . .~; ; Recording I Filing Stamps , Mortgage /\mt. 1. Basic Tax Z. Aclditinnal T:" Sub Tolal Spec. I AssiL or Spec. I Add. TOT'. MTG TAX Dua]'TI)\\:n l)llal County Held for Appointmenl Transfer Tax Man~jpll Tax The property covered hy this nWlgage j.... or wi]1 he impruvcd h) a olle OJ' two family dv./clling. ol1ly. YES or .\;O If NO, see aprrnpriate tax (]ause on page 7' Ih: ins~n~'ru {;; Community Preservation Fund Consideration Amount cpr Tax Due Improved Vi!L';ml I.;me! TD__LQ TI) TI) Title Company Information co. Name ,A.!. Lr7 17tc.- Title # <;; ,<.) 7 '7 s Suffolk County Recording & Endorsement Page Tliis I'''ge forms 1':<1'101 Ibe alla(hedI)ECLA.RATIQJ'I_QI.c.OYENANTS~J~ESTRlcTJQNS made by: (SPECIFY TYPE OF I,STRUME"TI . COCLLHQUSJNGOEYELQP~ENIFUND. CORPORA nON Till' prl'lllisi" hen.>ill j.... silllatcd in SU"FOLK COUNTY, NEW YORK. III Ihe VILLi\C;E III Ihe Towllship 01 .SQJJ.IROLQ____. TO "I' HAV1LET of _~AIIHUCK BOXI'S (, THROUGH Ii VII'ST BI: TYPED OR PJ,I,TEI) IN BLACK INK ONlY PRIOR TO RECORDINC OR F1U,G. (()\'crl . . Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. 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 Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Is1ip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, k~t ~t"'~~ Edward P. Ramaine Suffolk County Clerk . . DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the 3tl-- day of December, 2006, by CDCLI Housing Development Fund Corporation, having an office at 2100 Middle Country Road, Centereach, New York 11720, hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at 895 Factory Avenue, Mattituck, Town of South old, County of Suffolk and State of New York, more fully described in Schedule A annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval of a 22 lot Standard Subdivision in the Affordable Housing District known as "Cottages at Mattituck", and WHEREAS, in consideration of the granting of subdivision approval, the Planning Board of the Town of Southold has required certain covenants as a condition of said approval and that this Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the said premises described in Schedule "A" annexed hereto shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: I. No Further Subdivision. There shall be no further subdivision of any lot in perpetuity. 2. No Lot Line Change. There shall be no modification of any lot line without the approval of the Planning Board. 3. Non-Disturbance Buffer. The lots shall contain a non-disturbance vegetation 1 . . buffer at the rear of each lot as shown on the filed map and as set forth below (the Buffer Area): Lot I: 25 feet, and in addition, the northerly area of Lot I as shown on the filed map. 25 feet. 15 feet 15 feet in the area shown on the filed map. 20 feet 25 feet in the area shown on the filed map. 25 feet. Lots 2 through 5 inclusive: Lot 6: Lot 7: Lot 10: Lot 12: Lots 13 through 22, inclusive: No trees or natural vegetative cover may be removed within the Buffer Area; except for the removal of noxious, dead and decayed vegetation; provided that the area in which maintenance activity is conducted will be re-vegetated in accordance with a plan approved by the Planning Board with species native to Long Island and the State of New York. Such clearing and replanting shall be subject to prior review by the Town Planning Board to insure the proper maintenance and preservation of the natural buffer. Noxious vegetation shall mean poison ivy or other poisonous plant material, bamboo, or vines or other invasive species which threaten the health of trees or other natural undergrowth within the buffer. No structures may be erected within the Buffer Area, except I) a fence around the outer perimeter, and 2) an unlit sign within the Buffer Area of Lot 1 setting forth the name of the subdivision, all of which shall be in compliance with Town Code. No dumping of debris or other action inconsistent with the non-disturbance purpose of the Buffer Area is permitted in the Buffer Area. 4. Perpetual Affordability. The subdivision is subject to a Declaration of Covenants and Restrictions dated November 17, 2006, and recorded in the Suffolk County Clerk's Office in Liber 12480 cp 627, covenanting, inter alia, that all the lots in 2 . . such subdivision are subject to the provisions of the Affordable Housing District as set forth in the Southold Town Code, 5. All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. 6. Driveway Access. There shall be no driveway or other vehicular access from Lot 9 to Factory Avenue. Vehicular access to all lots shall be from Sound Avenue only, except for emergency access over the access designated on the filed map. 7. These covenants and restrictions can be modified only at the request of the then owner of the lot with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Property owners of other lots in the subdivision which adjoin or are across the street from the lot subject to the modification request shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. CDCLI Housing Development Fund Corporation \ . A . /' 1"71 A 1'. \ COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK SS.: f R I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court ~ri i:~r~t~ certify that I have compared the annexed with the dg LIB..E.R.....I...0.~/...~..;;;............RECORDED In the office on /.~ {,.., IC9& un er '1 -, ~. v PAGE 0( '11 .................. copy thereof, a~d ~f';h~ ~h~i~';i ~'~~h origin~i.' . ...... and, that the same is a true . In 1 estimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court on this ...1.-?......day of ~~.............., 20.f/J.l:J. \ CLERK.Qu.~..a.~.4...~'...tJ ;j . . SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: CDCLI HOUSING DEVELOPMENT FUND CORPORATION, fee owners by virtue of deed recorded in Liber 12450 page 9211; SCTM#1000-122-2-23.1 H.D.REF. NO.: S10-05-0021 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue (North Road) distant 293.00 feet westerly as measured along the southerly side of Sound Avenue from its intersection with the westerly side of Factory Avenue (Railroad Avenue); RUNNING THENCE along land now or formerly of J & N Moloney, South 20 degrees 07 minutes 40 seconds East 256.03 feet; THENCE North 69 degrees 52 minutes 20 seconds East 38.00 feet; THENCE South 18 degrees 39 minutes 40 seconds East 28.73 feet still along'land now or formerly of J & N Moloney; . THENCE South 21 degrees 50 minutes 20 seconds East 221. 91 feet along land now or formerly of J. [ Berdinka and land now or formerly of Mautarelli; . THENCE South 19 degrees 16 minutes 10 seconds East 166.65 feet along lands now or formerly of. D. Pinkall, E. MeGetrick and F. Zaneski; THENCE South 72 degrees 05 minutes 50 seconds West 43.69 feet along the northerly line of land now or formerly of M.T. Bradley; THENCE South 17 degrees 21 minutes 10 seconds East 113.22 feet along the westerly side of land now or formerly of M.T. Bradley; THENCE along the southerly line of land now or formerly of M.T. Bradley, North 72 degrees 34 minutes 02 seeo.nds East 255.99 feet to the westerly side of Factory Avenue; THENCE along the westerly side of Factory Avenue. South 17 degrees 21 min.utes 10 seconds East 91.80 (91.27 deed) feet to the northerly line of land now orformerly of Long Island Railroad; Page 1 of 3 . . SCHEDULE A DESCRIPTION OF PROPERTY SCHEDULE A Continued THENCE along the land now or formerly of Long Island Railroad the following 8 courses and distances: 1. South 47 degrees 00 minutes 00 seconds West 224.15 (224.32 deed) feet; 2. North 19 degrees 16minutes 10 seconds. West 7.10 feet; 3. South 48 degrees 42minutes 00 seconds West 134.96 feet; 4. South 52 degrees 37 minutes 10 seconds West 91.94 feet; 5. South 45 degrees 24minutes 50 se<;onds West 108.55 feet; 6. South 43 degrees 16 minutes 50 seconds West 100.21 feet; 7. South 46 degrees 08 minutes 20 seconds West 100.01 feet; 8. South 48 degrees 49 minutes 50 seconds West 1O.S9 feet to land now or formerly . of Charlotte Dickerson; THENCE along land now or formerly of Charlotte Dickerson, North 20 degrees 06 minutes 00 seconds West 231.30 feet to the southerly line of land now or formerly of C. Sullivan; THENCE along last mentioned land, North 71 degrees 09 minutes 30 seconds East 177.27 feet.to the easterly side of land now. or formerly of C. Sullivan; THENCE along last mentioned land the following 5 courses and distances: 1. North 20 degrees 19 minutes 00 seconds West 126.65 feet; 2. North 19 degrees 04 minutes 40 seconds West 251.55 feet; 3. North 20 degrees 21 minutes 00 seconds West 91.02 feet; 4. North 19 degrees OS' minutes 00 seconds West 195.00 feet; 5. North .20 degrees 07 minutes 40 seconds West 30.81 feet still along land now or formerly of C. Sullivan; THENCE along lands now or formerly of C. Sullivan, L. Yocovelli, T. and S. Best and K. ~uentes. North 69 degrees 52 minutes 20 seconds East 235.62 feet to the easterlY line of land now or formerly of K. Fuentes; Page 2 tlf 3 . . . SCHEDULE A DESCRIPTION OF PROPERTY SCHEDULE A Continued THENCE along last mentioned land, North 20 degrees 07 minutes 40 seconds West 274.20 feet to the southerly side of Sound Avenue (North Road); THENCE along the southerly side of Sound Avenue (North Road) the following 2 courses and distances: 1. South 87 degrees 49 minutes 00 seconds East 42.60 feet; 2. North 85 degrees 35 minutes 00 seconds East 7.37 feet to land now or formerly of J. & N. Moloney and point or place of BEGINNING. Page 3 of 3 .~ . . AGREEMENT FOR ROAD MAINTENANCE COTTAGES AT MATTITlICK This Agreement is made and dated January 17.1007. by CDCLI HOUSING DEVELOPMENT FUND CORPORATION (CDCLl).1100 Middle Country Road. Suite 300. Centereach. NY II nO-3576 WHEREAS. the Southold Town Planning Board has issued conditional final approval for a 21 lot standard subdivision known as "Cottages at Mattituck"" pursuant to the Atfordable Housing District Code of the Town of South old as shown on subdivision map prepared by Nelson & Pope. last dated November 6. 1006 and to be tiled in the Suffolk County Clerk' s Office ("the Map"): and WHEREAS. the Map contains a road. recharge basin. and other subdivision improvements required by the Planning Board (""the Improvements") which CDCLI intends to construct and dedicate to thc Town of Southold: and WHEREAS. the Town has accepl<:d a performance bond Irom the developer as requircd by the Planning Board to insure completion of the Improvements: and WHEREAS. the Planning Board has required that the developer provide a maintenance agreement for the Impro\'ements until same have been dedicated to the Town of South old and accepted into the Town Highway system. THEREFORE. in consideration of the approval oflhc subdivision and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. CDCLI agrees as follows: 1. Maintenance of Road Improwments, CDCII agrees to maintain the Improvements until such time as the Town accepts thc Improvements for dedication. CDCLI reserves the right to charge the homeowners in the subdi\ision for an allocable portion of the cost of maintenance of the Improvements (""the Maintenance Costs"). or to transfer ownership of the Improvements and responsibility Il)f the Maintenance Costs to a Homeowners Association or other responsible entity. 1. Recording. In thc cvent the Town does not accept dedication of the roads. then within ten (10) days of written demand bv the Town. CDCLI will record a Road Maintenance Agreement in the SulTolk County Clerk's Ot1ice requiring that the lot owners or a homeowner's association be responsible t,)r the Maintenance Costs of the Improvements, .1 ./. . . IN WITNESS WHEREOF. CDCLI has executed this Agreement as of the date first above written. CDCLI Housing Development Fund Corporat,ion i3y:~I ~ ~p (l-Y {l CLLr&4 ( P/;Y M nanne GarvIn, PresIdent STATE OF NEW YORK ) ) S5.: COUNTY OF SUFFOLK) On thell. day of January, 2007. before me. personally appeared Marianne Garvin, personally known to me or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity. and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Re/cdc/roadmaintagmt ABIGAIL A. WICKHAM NotlIty Public. State 01 New ~ C::;:',:.:2871 . Suffolk County ExpI,. Sept. 30. 20~ 2