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HomeMy WebLinkAbout1000-31.-1-1 . 111111I111111111111111111111111111111111111111111111111 I111I11111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 6 Receipt Number : 05-0041569 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 031.00 EXAMINED Following Fees For Block: 01. 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 Edward P.Romaine County Clerk, Suffolk County 04/19/2005 12:51:22 PM D00012382 930 Lot: 001. 000 $5.00 $15.00 $0.00 $30.00 $78.00 Exempt NO NO NO NO [i]~ . ( nber of pages TORRENS , / RECOFt<E[) 2005 Hpr 19 12:51:22 PM Edl,..lard P.Pomaine CLERK OF SUFFOU< COUHT'/ L D00012382 P '330 iaJ # tificate # )[ Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES se / Filing Fee /'0' - Mort.gage AmI.. L Basic Tax ndling 5. 00 ,-5217 (County) _______ \-5217 (State) Sub Total_d3 2, Additional Tax Sub Total Spec./Assil. or -584 ,tation Spec, / Add, TOT. MTG, TAX '111m, of Ed, 5, 00 Dual Town Dual Cuunty ___ Held for Appointment __.____ Transfer Tax P,T.S,A. _____'YJ ~ Tidavit Mansion Tax :rtifjed Copy ~-- Grand Tota] 7S:: -' rW TIle property covered by this mortgage is or will be l1uproved by a one or tWe). family dwcIling only. YES or NO YS Surcharge IS, 00 Sub Total__.52.:" :her If NO, see appropriate lax clause on page # of this instrument. i?.:i t. 0 () BJock 0/. U ..;') (,-?c"",' 5 Community Preservation Fund Dist. / "-z>V ,a] Property III Service Agency ~rification Section ~\ \~ 105 V p-d Consideration Amount $ CPF Tax Due ~ lmpn)vcd ______m.._.._,.. '/a(':m\ l.....and Satisfactions/Discharges/Re]eases List Property Owners Mailing Address ) RECORD & RETURN TO: TD /) ~'-r::/I it c, Iii. (". lJ)()ore, TD L'''' )' c'( > ,~i / <) oi- i' me:; "') >t::?J. ,j'o ;-c j/ A tf-'2) 'I'D / if) ';1' I; '/7;, 7 Co, Name Title # J Suffolk County Recording & Endorsement Page ~;tt" ~ ~:___t!!n,'/-' ___________..____ made by: (SPECIFY TYPE OP INSTRUMENT) This page f0l111S part of the attached _..__ _.-~ G .d n- ..S;S C"?r') /' The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of _~o J ;-110< :) In the VILLAGE or HAMLET of TO BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECOIUJING OR FILINC. (over) .' . . DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARA nON is made this <i day of J" ''1' 2003 by Sy & Catherine Ghassemi residing at 23 Langdon Place, Lynbrook, NY 11563, hereinafter referred to as the DECLARANT; WITNE SS ET H: WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of the Main Road (N,YS. Route 25), Town of South old, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of South old to implement a proposed cluster set-off, as shown on the Set Off Plan of "Sy & Catherine Ghassemi" prepared by Peconic Surveyors which map will be filed in the Office ofthe Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of South old has deemed it to be in the best interests of the Town of South old 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 have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; 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 said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) Lot I shall not be used or maintained for any purpose other than a one-family residence, 2) Upon future subdivision of Lot 2 only 30,703 acres may be used when calculating the actual yield. The remaining 1.060 acres was used as a cluster provision for Lot I, 3) Lot 2 is accessed by a 25 foot right-of-way over Lot I. Any further subdivision of Lot 2 will require improvements in accordance with the Town Highway Specifications within this right-of-way, . . 4) A common curb-cut within the 25 foot right-of-way on Lot I is to be used to provide access to both Lot I and Lot 2. All other existing curb-cuts are to be eliminated, 5) The cost ofthe maintenance of the 25 foot right-of-way is the responsibility of the owner of Lot 2, 6) All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way ofSR 25, Main Road, and 7) The existing cottage located in the northwest comer of Lot I may not be used as a temporary or permanent habitable structure. The cottage may only be used as an accessory building for storage and/or a personal artist or hobby studio. No product sales shall be permitted from this structure. 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 affect the validity ofthese 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 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, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote ofthe Planning Board of the Town of South old or its successors, after a public hearing. . . . IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day ~c!sear first written above. < By: STATEOFNEWYORK ) COUNTY OF SUFFOLK) SS: On thi~~1~ of ~ in the year 2003 before me, the undersigned, personally appeared &,,J'~~/~;Sb'Z~eJ;lmally known to me or proved to me on the basis of satisfactory evidence to be the individu~l(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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. ~(l~ Projects/Ghassemiffown/C&R's 062703 MARGARET C WIWAMs NOTARY PUBUC, Slate of New Yolk No. 30-4666602 Qualified In Nassau ~ I Term expires Sept 30, 20q . . DECLARATION OF COVENANTS & RESTRICTIONS THIS DE CLARA nON is made this:" day of J: h.!, 2003 by Sy & Catherine Ghassemi residing at 23 Langdon Place, Lynbrook, NY 11563, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property sitnate on the North side of the Main Road (N.Y.8. Route 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of South old to implement a proposed cluster set-off, as shown on the Set Off Plan of "Sy & Catherine Ghassemi" prepared by Peconic Surveyors which map will be filed in the Office of the Suffolk County CJerk; 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 ofthe 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 have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; 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 said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) Lot I shall not be used or maintained for any purpose other than a one-family residence, 2) Upon future subdivision of Lot 2 only 30.703 acres may be used when calculating the actual yield. The remaining 1.060 acres was used as a cluster provision for Lot I, 3) Lot 2 is accessed by a 25 foot right-of-way over Lot I. Any further subdivision of Lot 2 will require improvements in accordance with the Town Highway Specifications within this right-of-way, . . 4) A common curb-cut within the 25 foot right-of-way on Lot 1 is to be used to provide access to both Lot 1 and Lot 2. All other existing curb-cuts are to be eliminated, 5) The cost of the maintenance of the 25 foot right-of-way is the responsibility of the owner of Lot 2, 6) All stormwater nmoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of SR 25, Main Road, and 7) The existing cottage located in the northwest corner of Lot 1 may not be used as a temporary or permanent habitable structure. The cottage may only be used as an accessory building for storage and/or a personal artist or hobby studio. No product sales shall be permitted from this structure: 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 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 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, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of South old or its successors, after a public hearing. . . GHASSEMI 1000-031,00-01,00-001.000 SCHEDULE "Au DESCRIPTION ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT EAST MARION, 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 NORTHERLY SIDE OF MAIN ROAD (S.R. 25) DISTANT 831.67 FEET WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY SIDE OF ROCKY POINT ROAD WITH THE NORTHERLY SIDE OF MAIN ROAD (S.R.25); THENCE ALONG THE NORTHERLY SIDE OF MAIN ROAD (S.R. 25) SOUTH 56 DEGREES 13 MINUTES 40 SECONDS WEST 120.00 FEET; THENCE NORTH 19 DEGREES 47 MINUTES 10 SECONDS WEST 370.39 FEET; THENCE NORTH 72 DEGREES 25 MINUTES 10 SECONDS EAST 144.42 FEET ALONG LANDS OF MAP OF PEBBLE BEACH FARMS, SHEET 1 OF 3, FILED 6/11/75 AS MAP NUMBER 6266; THENCE ALONG SAID ABOVE MENTIONED LAND AND THEN CONTINUING ALONG SAID MAP SHEET 3 OF 3 THE FOLLOWING 17 COURSES AND DISTANCES; 1.) NORTH 16 DEGREES 35 MINUTES 20 SECONDS WEST 239.60 FEET; 2.) NORTH 16 DEGREES 14 MINUTES 00 SECONDS WEST 90.07 FEET; 3.) NORTH 15 DEGREES 10 MINUTES 00 SECONDS WEST 213.04 FEET; 4.) NORTH 12 DEGREES 37 MINUTES 40 SECONDS WEST 153.04 FEET; 5.) NORTH 13 DEGREES 56 MINUTES 20 SECONDS WEST 285.00 FEET; 6.) NORTH 13 DEGREES 36 MINUTES 40 SECONDS WEST 262.01 FEET; 7.) NORTH 15 DEGREES 39 MINUTES 30 SECONDS WEST 200.09 FEET; 8.) NORTH 13 DEGREES 56 MINUTES 20 SECONDS WEST 200.00 FEET; 9.) NORTH 13 DEGREES 01 MINUTES 50 SECONDS WEST 505.25 FEET; 10.)NORTH 13 DEGREES 00 MINUTES 20 SECONDS WEST 132.76 FEET; 11.)NORTH 11 DEGREES 47 MINUTES 00 SECONDS WEST 126.63 FEET; 12.)NORTH 13 DEGREES 40 MINUTES 10 SECONDS WEST 446.72 FEET; 13.)NORTH 12 DEGREES 41 MINUTES 40 SECONDS WEST 314.36 FEET; 14.)NORTH 13 DEGREES 26 MINUTES 40 SECONDS WEST 557.97 FEET; 15.)NORTH 13 DEGREES 31 MINUTES 30 SECONDS WEST 436.67 FEET; 16,)NORTH 13 DEGREES 54 MINUTES 10 SECONDS WEST 816.76 FEET; . . PAGE 2 17.)NORTH 15 DEGREES 18 MINUTES 10 SECONDS WEST 248.64 FEET TO THE MEAN HIGH WATER MARK OF LONG ISLAND SOUND; THENCE ALONG THE MEAN HIGH WATER MARK OF LONG ISLAND SOUND NORTH 23 DEGREES 03 MINUTES 30 SECONDS EAST 447.39 FEET TO LANDS NOW OR FORMERLY OF KANEV; THENCE ALONG SAID LAND OF KANEV, SOUTH 13 DEGREES 59 MINUTES 40 SECONDS EAST 923.41 FEET; THENCE SOUTH 13 DEGREES 23 MINUTES 50 SECONDS EAST 592.86 FEET; THENCE SOUTH 13 DEGREES 05 MINUTES 50 SECONDS EAST 4136.64 FEET; THENCE SOUTH 57 DEGREES 39 MINUTES 00 SECONDS WEST 219.98 FEET; THENCE SOUTH 15 DEGREES 27 MINUTES 00 SECONDS EAST 200.13 FEET TO THE NORTHERLY SIDE OF MAIN ROAD (S.R.25) TO THE POINT OR PLACE OF BEGINNING.