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HomeMy WebLinkAbout1000-35.-3-12.6 . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 6 Receipt Number : 05-0127435 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 035.00 EXAMINED Following Fees For Block: 03.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $18.00 $5.00 $5.00 $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 12/08/2005 09:13:45 AM 000012424 237 Lot: 012.009 $5.00 $15.00 $0.00 $30.00 $83.00 Exempt NO NO NO NO ^ . N umber of pages JJ TORRENS Serial # Certificate # Prior Ctf. # Deed I Mortgage Instrument Deed I Mortgage Tax Stamp Recording I Filing Stamps 3 FEES Page I Filing Fee Handling 5. 00 Mortgage AmI. I. Basic Tax 2. Additional Tax Sub Total Spec.lAssit. TP-584 Notation or EA-52 17 (County) _ EA-5217 (State) R.P. T.S .A. Sub Total Spec./Add. TOT. MTG. TAX Comm. of Ed. 5. 00 Dual Town _ Dual County _~. Held for Appointment ___ Transfer Tax Mansion Tax 30 Affidavit --~ Certified Copy N 15. 00 Sub Total The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO Other Grand Total If NO, see appropriate tax clause on page # ( 'thi.' inst3tft. 4 Section Block Lot 5 Community Preservation Fund I--tr Real Prop rty Tax Service Ageney Verification 1000 03500 0300 012009 Consideration Amount $ CPF Tax Due $ Improved __--'- Vacant Land 6 SatisfactionslDiseharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD ~~-' ~aL~ r,b /cl-{,7 /t!.~L~ { J?" // 7',,/ (Irc~ TD TD 7 Title Com 8 Suffolk Count _ -e 0/.. S-o Recordin & Endorsement Pa 4j~ {kef-/!( ~ (SPECIF YPE OF INSTRUMENT) Co. Name Title # The premises herein is Situate~d in SUFFOLK COUNTY, NEW YORK. In the Township of ~t}J \ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FlLlNG. This page forms part of the attached /~,~:,}~,o .______ made by: TO (over) .~. . . DECLARATION AND COVENANT . ~ '0ec <i'.'Y\,bcr THIS DECLARATION made the U day of NQ"emDor 200S by Gregersen's Keep LLC, a Limited Liability Company with a principal office located at 970 Willow Drive, Greenport, NY 11944, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Greenport, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a minor subdivision application entitled, "subdivision for Gregersen's Keep LLC", as shown on Final Plat last dated prepared bypeconic Surveyors, PC, Licensed Land Surveyors, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose 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 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: A. There shall be a SO'-wide non-disturbance/non- fertilization buffer adjacent to the wetland boundary on the Lot I and 2 on the subdivision map approved by the Planning Board. . . Notwithstanding the above, the non-disturbance/non-fertilization buffer may be supplemented with additional native vegetation without Planning Board Approval. B. Access to Lot 2 shall be from the IS'-wide access easement on Lot 1,. a-e .:::>LOWH Vi! the::. a.tJtJl.uveu subdl Vl5lUl1 IlLU.f'-~ ,x..0E!V.LJ.<.:::J b..LWU.l taneou01y lleieilI. C. Lot I is subject to a 20' wide right-of-way along the northerly property line to provide access to the existing dock, as ~nnT.Tr:J. GFl UH= dPPLUV<cd 3l:1Bc:ljui c::i nn IDo.p. D. Prior to any construction activity, the project will require a General Permit for the storm-water runoff from construction activity (GP-02-01) administered by the New York State Deparcment of Environmental Conservation under Phase II state Pollution Discharge Elimination System. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. Gregersen's Keep,LLC BY: :JdJr 1'a.'t..c~)-4: '/la/'td I() Barbara G. Berbrich STATE OF NEW YORK ss. : COUNTY OF SUFFOLK ;" \+. On the l..L day of \)"("'~&'\ ,:J.0V), before me, the undersigned, a notary public in and for said State, personally appeared Barbara G. Berbrich 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. i,\ /ljJ)ajlcL') CYNTHIA M. MANWARING ~WTARY PUBLIC, STATE OF NEW YORl< NO:01 MA61 0050'7 QUr;UFiED IN SUFFOLK COUNl;X.-v COMMISSION EXPIRES OCT. 20 ill ]STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTifY THAT I HAVE COMPARED THE ANNEXED COPY Of, ___ DEED UBER" d..JI J~ AT PAGE .;2 .3 7 RECORDED /,;,J - (f - OJ AND THAT IT IS A JUST ND TRUE COpy OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SI~,T MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS i(' 'f---t, DAY OF tI.Y---w.,~il- ~ . -c1~~- j., . 1 ~l: ~l"t.~ CLERK 120169 12J97c~ . . SCHEDULE A .. DESCRIPTION OF PROPERTY DECLARANT - Gregersen's Keep, LLC H.8. REF. NO. 810-05-0007 or Gregersen's Keep, LLC ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, said parcel being more particularly bounded and described as follows: BEGINNING at a point on the easterly line of Gull Pond Lane at the intersection formed by the easterly line of Gull Pond Lane with the southerly line of Lot 1 as shown on a certain Map entitled, "Map of Fordham Acres Section 1", and filed in the Office of the Suffolk County Clerk on March 7, 1962, as Map Number 3519, being more particularly bounded and described as follows: RUNNING THENCE from said point and place of beginning, North 60 degrees 00 minutes 00 seconds East along the southerly line of Lot 1 as shown on the aforementioned Filed Map, a distance of 48.30 feet to a point; THENCE South 47 degrees 00 minutes 00 seconds East, a distance of 6.88 feet to a point; THENCE North 43 degrees 00 minutes 00 seconds East, a distance of 22.50 feet to a point; THENCE continuing along the southerly line of Lot 1 as shown on the aforementioned Filed Map, North 60 degrees 00 minutes 00 seconds East, a distance of 61.49 feet to a point on the mean high water mark of Gull Pond Inlet; THENCE along the mean high water mark and along tie lines along Gull Pond Inlet the following (3) courses and distances: 1) South 34 degrees 28 minutes 50 seconds East, a distance of 96.25 feet to a point; 2) South 16 degrees 00 minutes 20 seconds East, a distance of 83.65 feet to a point; 3) South 00 degrees 53 minutes 40 seconds West, a distance of 168.05 feet to a point and lands now or formerly of Kraus;