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Home My WebLink About1000-122.-2-24.1 111111I111111111111111111111111111111111111111I11111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 5 Receipt Number : 06-0115205 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 122.00 EXAMINED Following Fees For Block: 02.00 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 11/30/2006 10:21:50 AM 000012480 960 Lot: 024.001 $5.00 $15.00 $0.00 $30.00 $75.00 Exempt NO NO NO NO Number of pages ~ TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52l7 (County) Sub Total ;;LU EA-5217 (State) R.P.T.S.A. ~- Comm. of Ed. 5. 00 Affidavit 5' .s)' 7( t- Reg. Copy Sub Total Other /x;_ Grand Total 4 District 1000 Section Real Property Tax Service Agency Verification 122.00 Block 02.00 Lot 024.001 5 1000 12200 0200 024001 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 7 Co. Name Title # FECOPU:T' L,JUt 'ie") :~~Ci _ Ci ~ 2: ; ~{! !~i'-' Jud!th ~. Pascale CLEF.J:: CF _ _;,--[.",-,; ,.- !:CiUf,J"',";, ,_ [;f)DCi: ~4::"'C Recording / Filing Stamps Mortgage AmI. 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 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 inst ,mem.. tt Communit 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 DE CLARA TION OF COVENANT and RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) ECM. LLC The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of MATTITUCK BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING . . (over) TO TOWN OF SOUTHOLD PLANNING BOARD . . DECLARATION OF COVENANT AND RESTRICTIONS THIS DECLARATION made this tit day of ~filJJ1~ 2006, by and between ECM, LLC, with principal offices located at 10020 S01!md Avenue, Mattituck, NY 11952, hereinafter referred to as the "DECLARANT"; WITNESSETH: WHEREAS, the DECLARANT, is the owner of a certain plot, piece and parcel of land situate at, Sound Avenue, Mattituck, in the Town of Southold County of Suffolk, and the State of New York, known and designated as SCTM No. 1000-122-2-24.1, being more particularly bounded and described as set forth in Schedule "A", annexed hereto, and also shown on "Subdivision of Land Prepared for Carol Sullivan," surveyed by John C. Ehlers, L.S., on June 3, 2005, last revised April 26,2006, a reduced copy of which is annexed hereto as Schedule "B", both of which are incorporated for reference. WHEREAS, the DECLARANT made application to subdivide a 9.52 acre parcel into two lots where Lot 1 equals 20,000 square feet and Lot 2 equals 8.897 acres, and to transfer 8,454 square feet from SCTM#1000-122-1-24.1 to SCTM#1000-122-1-24.3, following the transfer this lot will equal 19,737 square feet: and in consideration of granting approval necessary to subdivide the above, the Planning Board of the Town of Southold and the DECLARANT agree that it is in the best interest of the DECLARANT and any future owner of the property that the within declaration and covenant be imposed. NOW, THEREFORE, the within DECLARANT does hereby covenant and agree as follows: (1) To comply with Chapter A-106 future yield calculation requirements. The clustered open space for Lot 2 equals 20,000 square feet (0.459 acre) and is inclusive and part of Lot 1, which equals 8.87 acres. When determining future parcel yield, the clustered open space shall be subtracted from Lot 1 as un-buildable lands. (2) To comply with Chapter A-I06, clustered open space requirements for Standard Subdivisions on a parcel equal to or greater than 7 acres. In the event that Lot 1 is further subdivided, the clustered open space resulting from Lot 2 (0,459 acre) shall be contiguous and inclusive of the cumulative total percent of cluster open space required on the parcel. (3) To comply with Chapter A-I06 Affordable Housing requirements, in the event Lot 1 is further subdivided, Lot 2 shall be considered a created lot and shall be included in the future yield. Therefore, the Affordable Housing requirement shall apply to any proposal of 4 or more created lots for the parcel. The within Declarations shall run with the land and shall be binding upon the DECLARANT, their 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 successors. This Declaration of Covenants and Restrictions may not be evoked, rescinded, extinguished, modified or amended without the , --.----- express written permission of a majority plus one of the Southold Town Planning Board or its legal successor, after a public hearing. This Declaration is binding upon all grantees. heirs, distrtbutees, successors or assigns of any portions of the lands described in Schedule "A" above; 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. IN WITNESS WHEREOF, the owner has duly executed this instrument this day of , 2006. ECM, LLC By: CAROL SULLNAN, Vice-President STATE OF NEW YORK) ) sS.: COUNTY OF SUFFOLK) On the.u~y of 1_ ~ , in the year 2006, before me, the undersigned, a Notary ~:d for said State, personally appeared CAROL SULLNAN , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she they executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. .-:ltJ~LFj) way NOT Y LIC MARGARET A. WOLF NO.01W06133754 Notary Public, State of New York QUalified in Suffolk County " My CommL:::icrl Expires 091191201.!/. ~ .~._--~---- . 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 Record tl,ereof,. do pereby certify that I have compared the annexed with b?th .. ". C{r ,,~(,t.rO'~.'f;~< . ~ (/.J.c ' ongmal D.<:LI...I::lJ...:.,.c...1..\.yT.RECORDED m my office on . 1.1. 3.J......... ., , ',),'i<O DO . under LIBER .J....'-f.,.,................PAGE .:I.b.........and, that the same IS a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set m~ hand and affixed the seal of said County and Court on this. 3.Qf h. .day of . NrJ .~.1"1 t3r-.f\,.... .. .., 20 Ob.. Qu.~ a. f),.t~ ~ e.../ CLERK..................... .................... . . SCHEDULE A SCTM#1000-122-02-024.001 ALL THAT CERTAIN plot, piece or parcel ofland situate, lying and being at Mattituck, in the Town of South old, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue, where the westerly side of land now or formerly of Moenius and Sullivan intersects the southerly side of Sound A venue, said point also being distant westerly 798.92 feet as measured along the southerly side of Sound Avenue from the intersection of the southerly side of Sound Avenue with teh westerly side of Factory Avenue; RUNNING THENCE from the said point South 21 degrees, 42 minutes, 12 seconds, East, 187.29 feet to a point; THENCE South 22 degrees 54 minutes, 15 seconds, East, 943.00 feet to a point; THENCE South 22 degrees 27 minutes, 35 seconds, East, 223.38 feet to a point; THENCE South 44 degrees 43 minutes, 50 seconds, West 318.47 feet to a point; THENCE North 22 degrees 23 minuets, 10 seconds, West along said land 81.55 feet; RUNNING THENCE North 22 degrees 28 minutes, 10 seconds, West along said land 1,258.22 feet to land now or formerly known as Adamoicz; RUNNING THENCE North 87 degrees 32 minutes, 00 seconds East to a point 86.66 feet; RUNNING THENCE North 22 degrees 31 minutes, 30 seconds, West still along said land 242.57 feet to the southerly side of Sound Avenue; RUNNING THENCE North 87 degrees 33 minutes, 00 seconds, East along the southerly side of Sound Avenue 221.01 feet to the point or place of BEGINNING. .' r~~~-----;~~-~- wI, I TOI'IIN OF SOUTHoLD I SUFFOLK .,;",ou:;, ~ YORK SCHEDULE B S I ~LKt:(;UITTTMMflIPMH!ll!R lOOO-l22.2-24.1 . 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