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DECLARATION OF COVENANTS AND RESTRlCTIONS
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DECLARATION. made the:L day of November, 2006, by H. LLOYD
KANEV and KA YE E. KANEV, residing at Fire Road #3, 355 Rosenburg Road (off Rocky
Point Rd,), referred to as the Declarant.
WHEREAS, the Declarant is the owner of ce11ain real property situate at Fire Road #3,
355 Rosenburg Road (off Rocky Point Road), Southold, Town of South old, County of Suffolk
and State of New York, more particularly bounded and described as set forth in Schedule "A"
annexed hereto, and
WHEREAS, the Declarant has made application to the Planning Board of the Town of
Southold for approval to set off a 5.24 acre parcel from the remainder of the property, in a
subdivision shown on map prepared by Joseph A. Ingegno, Land Surveyor, dated December 30,
2002, last revised March 26, 2006, known as Set-Off Map for H. Lloyd Kanev, and
WHEREAS, for and in consideration of the granting of subdivision approval, the
Planning Board of the Town of South old has deemed it to be in the best interests of the Town of
Southold and the owner and prospective owners of said parcels that the 5.24 acre parcel (Parcel
I) on said map, not be further subdivided, and as a condition of said approval, the 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 detemlined 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 make known, admit, publish, covenant and agree that the said premises herein described
shall hereafter be subject to the following covenant 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:
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1. DECLARANT agrees and consents that there shall be no further subdivision of Parcel
1 on said Map, consisting of an 5.24 acre parcel, which parcel is more fully described in
Schedule B hereto, in perpetuity.
2. This prohibition on further subdivision shall not apply to Parcel 2 on said Map,
consisting of a 20.21 acre parcel more fully described in Schedule C hereto.
IN WITNESS WHEREOF, the Declarant above named has executed the foregoing
Declaration the day and year first above written.
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STATE OF NEW YORK:
:SS
COUNTY OF SUFFOLK:
On November )0 ,in the year 2006, before me, the undersigned, a Notary Public in and for
said State, personally appeared H. Lloyd Kanev and Kaye E. Kanev, personally known to me or
proved to me on the basis of satisfactory evidence that they executed the same in their capacity
.LL _ __ _ .______ __ ",_.f-:t.. ...............
1
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COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
SS.:
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record t,hereof, do .hereby certify that I have compared the annexed with the
ongmal...(lCcl"-'i..","-../ RECORDED' ffi l'l <a
'D~~""""""""" mmyo~oo.~I~'
under LIBER I ~ \;l, '-\lQ . " . . ........"-'. ....
~ CC;C;. .... .I.........PAGE .:7.5.T......and, that the same is a true
copy thereof, and of the whole of such original.
. In Testimony Whereof, I haYf hereunto set 1jU.Y. hand and affixed the seal of
Sald County and Court on this .0.1.~.... .day of.. J',ICV.embif......, 20.C(p.
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CLERK. ..0u ,,}. 'rJ /1 /)
..,.,. .,.;...{..Ir....t/....."" LcJI
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SCHEDULE A
ALL that certain plot, piece or parcel of land, located at East Marion, Town of Southold, County
of Suffolk, State of New Yark, more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Rocky Point Road (Sound Avenue) at the
northeast corner of Lot Ion Map ofStratmors Estates, filed in the Suffolk County Clerk's Office
on February 20, 1963 as Map No. 3723;
FROM said point of beginning running along the northerly side of said Lot I and the westerly
side of Lots I and 2 on said map the following three (3) courses and distances:
1. South 79 degrees 50 minutes 20 seconds West, 188.68 feet; thence
2. South 45 degrees 00 minutes 20 seconds West, 14.96 feet; thence
3. South 13 degrees 29 minutes 40 seconds East, 188.19 feet to a monument to the
northeasterly comer of Lot 5 on said map;
RUNNING THENCE along the northerly side of Lots 5 and 6 on said map South 79 degrees 01
minute 20 seconds West, 186.47 feet to a set re-bar;
RUNNING THENCE South 10 degrees 14 minutes 20 seconds East, 193.38 feet;
RUNNING THENCE South 11 degrees 23 minutes 30 seconds East, 250.47 feet to a set re-bar
and the southwesterly comer of Lot 7 on said map;
RUNNING THENCE North 77 degrees 30 minutes 40 seconds East, 226.27 feet to Lot 10;
RUNNING THENCE South 07 degrees 05 minutes 20 seconds East along the westerly side of
Lot No.1 0 and later along lands now or formerly of Megdanis, Tsampas and others, Nanos,
Chryssiadis and McNamara, 563.64 feet;
RUNNING THENCE North 80 degrees 49 minutes 30 seconds East still along said lands now or
formerly of McNamara, 150.10 feet to the westerly side of Rocky Point Road (Sound Avenue);
RUNNING THENCE along said westerly side of Rocky Point Road (Sound Avenue) the
following two (2) courses and distances:
1. South 07 degrees 05 minutes 20 seconds East, 4.29 feet; and
2. South 08 degrees 59 minutes 50 seconds East, 74.50 feet to a set re-bar and land now
or formerly of East Marion Woods Homeowner's Association Inc., - "Open Space Area", on
Subdivision Map of "East Marion Woods", filed June 7, 1989 as Map No. 8759;
RUNNING THENCE South 75 degrees 38 minutes 40 seconds West along said last mentioned
land, and passing through a set re-bar, 867.40 feet to a concrete monument and lands now or
formerly of Ghassemi;
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RUNNING THENCE along said lands now or formerly of Ghassemi the following two (2)
courses and distances:
I. North 13 degrees 23 minutes 50 seconds West, 439.36 feet to a concrete monument;
and
2. North 13 degrees 59 minutes 40 seconds West passing through a re-bar and through a
pipe, 913.99 feet to the apparent high water mark of Long Island Sound;
RUNNING THENCE along the apparent high water mark of Long Island Sound the following
four (4) tie line courses and tie line distances:
I. North 19 degrees 27 minutes 43 seconds East, 171.65 feet; thence
2. North 24 degrees 42 minutes 35 seconds East, 302.64 feet; thence
3. North 21 degrees 54 minutes 56 seconds East, 67.64 feet; thence
4. North 34 degrees 50 minutes 23 seconds East, 167.98 feet to lands now or formerly
of Henry Viscardi, Jr.;
RUNNING THENCE along said lands now or formerly of Henry Viscardi, Jr., the following
four (4) courses and distances:
1. South 15 degrees 51 minutes 40 seconds East and passing through a concrete
monument, 251.84 feet to a concrete monument;
2. South 60 degrees 51 minutes 40 seconds East, 122.47 feet to a concrete monument;
3. South 15 degrees 51 minutes 40 seconds East, 332.76 feet; and
4. North 74 degrees 08 minutes 20 seconds East, 31.10 feet to a concrete monument and
lands now or formerly ofDarnoulakis;
RUNNING THENCE along said lands now or formerly of Damoulakis the following two (2)
courses and distances:
1. North 45 degrees 00 minutes 20 seconds East, 215.85 feet; and
2. North 13 degrees 30 minutes 00 seconds West, 10.00 feet to lands now or formerly
of Grace Raymond;
RUNNING THENCE along said lands now or formerly of Grace Raymond the following two (2)
courses and distances:
1. South 56 degrees 50 minutes 00 seconds East, 14.55 feet to a pipe; and
2. North 79 degrees 50 minutes 20 seconds East, 190.93 feet to a pipe on the westerly
side of Rocky Point Road (Sound Avenue);
RUNNING THENCE South 13 degrees 45 minutes 10 seconds East along said westerly side of
Rocky Point Road (Sound Avenue), 50.10 feet to the point or place of BEGINNING.
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SCHEDULE B
ALL that certain plot, piece or parcel of land, located at East Marion, Town of Southold, County
of Suffolk, State of New York, more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Rocky Point Road (Sound Avenue) at the
northeast comer of Lot 1 on Map of Stratmors Estates, filed in the Suffolk County Clerk's Office
on February 20,1963 as Map No. 3723; .
FROM said point of beginning running along the northerly side of said Lot 1 on said map South
79 degrees 50 minutes 20 seconds West, 188.68 feet;
RUNNING THENCE South 45 degrees 00 minutes 20 seconds West; 231. 73 feet;
THENCE South 60 degrees 40 minutes 51 seconds West, 104.95 feet;
THENCE North 82 degrees 31 minutes 48 seconds West, 124.91 feet;
THENCE North 64 degrees 58 minutes 21 seconds West passing through a set re-bar, 401.04
feet to the apparent high water mark of Long Island Sound;
RUNNING THENCE along the apparent high water mark of Long Island Sound the following
four (4) tie line courses and tie line distances:
1. North 19 degrees 27 minutes 43 seconds East, 64.85 feet; thence
2. North 24 degrees 42 minutes 35 seconds East, 302.64 feet; thence
3. North 21 degrees 54 minutes 56 seconds East, 67.64 feet; thence
4. North 34 degrees 50 minutes 23 seconds East, 167.98 feet to lands now or formerly of
Henry Viscardi, Jr.;
RUNNING THENCE along said lands now or formerly of Henry Viscardi, Jr., the following
four (4) courses and distances:
1. South 15 degrees 51 minutes 40 seconds East and passing through a concrete
monument, 251.84 feet to a concrete monument;
2. South 60 degrees 51 minutes 40 seconds East, 122.47 feet to a concrete monument;
3. South 15 degrees 51 minutes 40 seconds East, 332.76 feet; and
4. North 74 degrees 08 minutes 20 seconds East, 31.10 feet to a concrete monument and
lands now or formerly of Nick and Koula Damoulakis;
RUNNING THENCE along said lands now or formerly of Nick and Koula Damoulakis the
following two (2) courses and distances:
1. North 45 degrees 00 minutes 20 seconds East, 215.85 feet; and
2. North 13 degrees 30 minutes 00 seconds West, 10.00 feet to lands now or formerly of
Grace Raymond;
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RUNNING THENCE along said lands now or formerly of Grace Raymond the following two (2)
courses and distances:
I. South 56 degrees 50 minutes 00 seconds East, 14.55 feet to a pipe; and
2. North 79 degrees 50 minutes 20 seconds East, 190.93 feet to a pipe on the westerly
side of Rocky Point Road (Sound Avenue);
RUNNING THENCE South 13 degrees 45 minutes 10 seconds East along said westerly side of
Rocky Point Road (Sound Avenue), 50.10 feet to the point or place of BEGINNING.
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SCHEDULE C
ALL that certain plot, piece or parcel of land, located at East Marion, Town of Southold, County
of Suffolk, State of New York, more particularly bounded and described as follows:
BEGINNING at a point at the northwest comer of Lot I on Map of Stratmors Estates, filed in
the Suffolk County Clerk's Office on February 20,1963 as Map No. 3723;
Said point of beginning being the following two (2) courses and distances from the northeast
comer of said Lot I and Rocky Point Road:
1. South 79 degrees 50 minutes 20 seconds West, 188.68 feet;
2. South 45 degrees 00 minutes 20 seconds West, 14.96 feet.
FROM said point of beginning running along the westerly side of Lots 1 and 2 on said map
South 13 degrees 29 minutes 40 seconds East, 188.19 feet to a monument to the northeasterly
comer of Lot 5 on said map;
RUNNING THENCE along the northerly side of Lots 5 and 6 on said map South 79 degrees 01
minute 20 seconds West, 186.47 feet to a set re-bar;
RUNNING THENCE South 10 degrees 14 minutes 20 seconds East, 193.38 feet;
RUNNING THENCE South 11 degrees 23 minutes 30 seconds East, 250.47 feet to a set re-bar
and the southwesterly comer of Lot 7 on said map;
RUNNING THENCE North 77 degrees 30 minutes 40 seconds East, 226.27 feet to Lot 10;
RUNNING THENCE South 07 degrees 05 minutes 20 seconds East along the westerly side of
Lot No. 10 and later along lands now or formerly of Megdanis, Tsampas and others, Nanos,
Chryssiadis and McNamara, 563.64 feet;
RUNNING THENCE North 80 degrees 49 minutes 30 seconds East still along said lands now or
formerly of McNamara, 150.10 feet to the westerly side of Rocky Point Road (Sound Avenue);
RUNNING THENCE along said westerly side of Rocky Point Road (Sound Avenue) the
following two (2) courses and distances:
1. South 07 degrees 05 minutes 20 seconds East, 4.29 feet; and
2. South 08 degrees 59 minutes 50 seconds East, 74.50 feet to a set re-bar and land now
or formerly of East Marion Woods Homeowner's Association Inc., - "Open Space
Area", on Subdivision Map of "East Marion Woods", filed June 7,1989 as Map No.
8759;
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RUNNING THENCE South 75 degrees 38 minutes 40 seconds West along said last mentioned
land, and passing through a set re-bar, 867.40 feet to a concrete monument and lands now or
formerly of Ghassemi;
RUNNING THENCE along said lands now or formerly of Ghassemi the following two (2)
courses and distances:
1. North 13 degrees 23 minutes 50 seconds West, 439.36 feet to a concrete monument;
and
2. North 13 degrees 59 minutes 40 seconds West passing through a re-bar and through a
pipe, 913.99 feet to the apparent high water mark of Long Island Sound;
RUNNING THENCE along the apparent high water mark of Long Island Sound North 19
degrees 27 minutes 43 seconds East, 106.80 feet;
RUNNING THENCE South 64 degrees 58 minutes 21 seconds East through are-bar, 401.04
feet;
THENCE South 82 degrees 31 minutes 48 seconds East, 124.91 feet;
THENCE North 60 degrees 40 minutes 51 seconds East, 104.95 feet;
THENCE North 45 degrees 00 minutes 20 seconds East 216.77 feet to the point or place of
BEGINNING.