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Home My WebLink About1000-38.-7-9 . / . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE District: 1000 Received the page/Fili.ng COE TP-584 Cert.Copies At: LIBER: PAGE: Section: 038.00 EXAMINED Following Fees For Block: 07.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO $15.00 $5.00 $0.00 $5.00 THIS Handling NYS SRCHG Notation RPT Fees Paid PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 04:21:22 PM D00012539 321 Lot: 009.000 $5.00 $15.00 $0.00 $30.00 $75.00 Exempt NO NO NO NO ~. _~A.;' ~..I.. . ... ~"'''''''':","~'''" euCiJ -5 This document will be public record. Please remove all Social Security Numbers prior to recording. 3 Deed I Mortgage Instrument FEES Page I Filing Fee Handling TP'S84 Notation Deed I Mortgage Tax Stamp \?:) ao S. 00 .._'^',....:,..","... - """".--./t "","v_~...;.,.,.. ,~,."..<<",.:.~..." Sub Total d[) , ao EA.S2 17 (County) EA-S2I7 (State) R.PT.S.A. (y.r Comm. of Ed. 5. 00 Affidavit : Cer;;fied CoP1) NYS Surcharge Other .1=) 00 IS. 00 Sub Total iOOO-03800C1700 '009000 6 SatisfactionslDischarges/Releases List Property Owners Mailing Address RECORD & RETURN TO: m/~ c./(bn-/tJ k..oo/-d/ &=g. P O. /OtJ)L &7 6reenpor~ 'uY//Cf'-JL/ Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk . RECORDED 2008 Jan 31 04: 21: 22 pr'i Judi th A. Pasc.31e CLEPf': OF SUFFOLK COUNTV L D00012539 P 321 Recording I Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax ~"h"t 'STit)'l,Tbta1-'- Spec.! Assit. or / Spec. / Add. TOT. MTG. TAX Dual Town _ Dual County _ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage 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 instrument. CPF Tax Due $ Improved Vacant Land TD /0 . TD TD 7 Title Com an Information Co. Name~i - "'" ,., ~/{ Title # ;:Z,'O.A7-/V Suffolk Count Recordin & Endorsement Pa e This page forms pan of the attached DerJiaya.-I--/ Di-7 of' &verJOA-/6 f/ ke6A made by: (SPECIFY TYPE OF INSTRUMENT) rM/Gj;de J-/e&1f6~, 8 The premises herein is situated in SUFFOLK COUNTY. NEW YORK. TO In the TOWN of In the VILLAGE or HAMLET of '- (P () a. '/f7 tJ lei fa of lJ1a'fi on I BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FlUNG. (over) -, . . ( DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this '3:fay of January, 2007 by P~kside Heights Co. with offices at 43 West 54th Street, New York, NY, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the West side of Shipyard Lane, Hamlet of East Marion, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and w~~~~, t1w.P.e(;;L~.;r.h<lS!Jl';l.de lll:LllPplication fqr ang has received conditional approval from the Planning Boara of the Town of South old to subdivide said property into four (4) lots, as shown on the Subdivision Map of "Cleaves Point Manor" prepared by John T. Metzger, Land Surveyor, last dated February 14,2007 which map will be filed in the Office of the 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 ihe owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots I, 2, 3 and 4, and ~ 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 has 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 .... .. on'<M.~urchase;,s~lot alorS; ~,..""'" ~...~ 1) There shall be no further subdivision of Lots 1,2,3 and 4. 2) No lot lines shall be changed unless authorized by the Town Planning Board. 3) Access to Lots 1,2,3 and 4 shall be from Shipyard Lane as shown on the approved map. 4) All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. . . 5) Prior to the commencement of any construction activity on Lots 1,2,3 and 4, a NYSDEC SPDES General Permit must be secured and submitted. 6) Prior to the commencement of any construction activity on Lots 1, 2, 3 and 4, no more than 50% of any lot, equaling 22,002 s.f. per 44,004 s.f. lot, shall be cleared of existing vegetation. 7) The use oflow flow faucets and toilets as per Suffolk County Water Authority is required in each of the completed residences. These covenants and restrictions shall run with the land and shall be binding upon the.. DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Plarming Board after a public hearing. . ,~f ll!\iY~e<<tiqn,sul;lsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, be 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 aforementioned Restrictive Covenants are intended for the benefit of and shall be ~nforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity ofthis covenant nor to impose any liability whatsoever upor the Town of Southold or any officer or employee thereof. The within Declaration is made subj ect 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 finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be armulled, waived, changed, modified, terminated, revoked, armulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Plarming Board of the II Url_~ .. . L_.~8.fi~e~X~!jpr~,!\.ttN a public hearing. . . IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. ......._~1.~.. '''':.'''I.Nci ~'!(j-Ii~I.~"ot. twllJill ~1:,6ll98358 ~~s1r.::t20.J.J STATE F NEW YORK) COUNTY OF SUFFOLK) SS: ~J1lfijJjLI!~~.~%II}IDi~~.in the year 2007 before me, the undersigned, personally appeared MICHAEL E. KONTOKOSTA, personally known to me or~ove_d to.=_ on the basis of satisL ------ ---- ----- - - - - the within instrumen capacity, and that by upon behalf of whicl COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compare'!. the a~~ WIth the orig~.p...!;c!n. ation RE",ggOpO in my office on ..1.....3.1........... . under LlBER .fQ(Dj).~.. PAGE .~..L. and, that the same is a true copy thereof, and of the whole of such origirp.J. In Testimony Whereof, I have Ijeg\.unto set IW-_h.~d and Affixed ~ seal of said County and Court on thIS ....I.......... day of ,w-dMQ:'..1200..... 55.: 12.0245p.Ol/07kd / CLERK Q.~y!,,"'!:I....a:..!)~.. _Ir,nJ_~f:,~t~;:,:t~-~~~,:,';''I!:Jl\-,J.!/~';'~'-:''~'~':~,~>' .n Jilfl(nlilf.llIl11fi . . Schedule A ALL certain lot, tract, piece or parcel ofland, situate, lying and being in the hamlet of East Marion, Town of South old, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point in the westerly line of Shipyard Lane, 1708.97 feet southerly as measured along said westerly line from the Main Road; running thence from said point of beginning along the said westerly line of Shipyard Lane, South 35 degrees 41 minutes 30 seconds East, 600 feet to a point; running thence ~~Mi!1i.Ulw..~:q~"ji$p~~.~~~~o~~f;.r;'JJ,~~.tp.~nce . North 35 degrees 41 mmutes 30 seconds West, 600 feet to a pomt; runnmg thence North 55 degrees 16 minutes 00 seconds East, 293.40 feet to the point or place of beginning. SCTM: 1000-38-08-09 /' ___.:.;.,_~.,. "~"'i"''7~<;;~~ s"~'~~~b@tC"i_>_"~;,;;>o:_~'<~",'- -.-,l{L">'-'~.w\o. - ..:.-,/,,,,,,,"1'.>;<:>- ':'~;',_c,;.:".,~,._..~'.~""'_