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HomeMy WebLinkAbout1000-9.-8-2 . 111111111111111111111I111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 6 Receipt Number : 07-0083770 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 009.00 EXAMINED Following Fees For Block: 08.00 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 Judith A. Pascale County Clerk, Suffolk County 09/07/2007 02:08:22 PM 000012521 393 Lot: 002.000 $5.00 $15.00 $0.00 $30.00 $78.00 Exempt NO NO NO NO . Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDHi 2007 Sep 07 02:08:22 PM Judith R. Pascale CLERK OF SUFFOLK coumv L [100012521 F' 393 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee Handling TP-S84 5. 00 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Real Proper!: Tax Service Agency Verification ~~ . "" o^ 1000 00900 0800 002000' ~~I, 0 U Specj 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 Notation EA-52 17 (County) EA-5217 (State) R.P .T.5.A. Comm. of Ed. Affida' Certified Copy NYS Surcharge Other If NO, see appropriate tax clause on page # of this instrument. 4 Disqa 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Improved Vacant Land TD PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLDNY I1971 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.5uffolkcountyny.gov/c1erk 7 Title Company Information Co. Name Title # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached by: F.I.T.F.. LLC DECLARATION OF COVENANTS & RESTRICTIONS (SPECIFY TYPE OF INSTRUMENT) made The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOl JTHOLD SOlJTHOLD TOWN In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. lover) . . IMPORTANT NOTICE If the document you've just recorded is your SA TISF ACTION OF MOR TGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, 'you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10" and on or before May 31... Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver ofTaxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver ofTaxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver ofTaxes One Independence Hill Farmingville, N.Y. 11738 (631) 451-9009 Shelter Island Town Receiver ofTaxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver ofTaxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver ofTaxes 99 West Main Street Smith town, N.Y. 11787 (631) 360-7610 Huntington Town Receiver ofTaxes 100 Main Street Huntin9ton, N.Y. 11743 (631) 351-3217 Southampton Town Receiver ofTaxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver ofTaxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver ofTaxes 53095 Main Street South old, N.Y. 11971 (631)765-1803 Sincerely, Q..... d.t'''(L C2. j)~p ,. ~ Judith A. Pascale Suffolk County Clerk dw 2/99 12..Ql04..06I0okd . . . SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by FITF LLC, a Maryland Limited Liability Company, doing business at 10055 Red Run Blvd., Suite 130, Owings Mills, Maryland, 21117, 6th day of September, 2007, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a subdivision on 3.30 acre, split zoned parcel into two lots where lot 1 is located in the R-80 zoning district, equals 2.48 acres and is proposed to be purchased by the Town of Southold for open space purposes, and lot 2 is zoned r-40 and equals .82 acres. The lot sizes were approved by Zoning Board of Appeals on December 14, 2006 (ZB File No. 5617). 2. As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants as follows: a. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. b. No changes to any of the lots lines without Planning Board approval. c. The proposed residence structure on lot 2 may be located at the owner's discretion. The owner shall seek such variances and other regulatory permits, as may be needed, either simultaneously with the subdivision application or at a later date, which authorize the placement of a two story single-family dwelling on the property. , . . d. The height of the two story dwelling shall be limited to 28 feet to the peek. e. The size of the residence shall be limited to the following: the footprint of the first floor shall not exceed 1,296 square feet; prior to construction of said residential structure, the existing 1,296 square foot commercial structure will be demolished unless used as part of the single-family dwelling; the owner may construct an open covered porch to the 1,296 square foot first floor, however the porch shall not exceed 10 feet by thirty-five feet; the square footage of the second floor shall be reduced by the square footage applied to the covered porch. f. The existing dock may be reconstructed and altered in accordance with regulatory permits. The said dock is limited to four (4) private residential slips. The dock shall not be used for commercial purposes. g. No detached accessory structures are permitted on Lot 2, except as may be attached and part of the total permissible square footage of 1,296 square feet. h. All storm-water 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. 1. Lot 2 is presently cleared and was at one time used as a commercial site. To the extent applicable, "clearing limits" pursuant to Town Code Section 240- 49 ( C) states "Existing native and/or nonnative vegetation shall be preserved subject to the following limits of clearing": The limit of clearing is 50% on 40,670 square foot parcel therefore 20,335 sf of the vegetation shall be preserved. . . j. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands and/or Fishers Island Sound in any manner k. All driveways shall be constructed of pervious materials. 1. All structures with impervious materials shall control and retain surface water through the use of gutters, leaders and subsurface dry-wells. m. Landscaping of lot 2 shall consist of native, disease-resistant and drought-tolerant plants. n. The residential application of synthetic fertilizers and pesticides is prohibited on lot 2 as shown on the approved map. 3. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 4. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my 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 of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 5. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his 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 of Southold granted by a majority plus one vote of the Planning board, after a public hearing. 6. 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 be held to 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. FITF LLC By:~11~ /( R. Dixon Harvey, . - ACKNOWLEDGMENT (TO BE USED IN OUTSIDE OF NEW YORK ST ATE) STATE OF MARYLAND ) ss.: COUNTY OF (Q..n.llu\.L ) On the d~ of September, 2007, before me, the undersigned, personallyappearJ"bIXON HARVEY, personally krnmn tn mp. or moved to me on the basis of satisfactory evidence to be the individual whose nal .L_. he executed the same in COUNTY CLERK'S OFFICE or the person upon beha STATE OF NEW YORK 1 individual made COUNTY OF SUFFOLK 55.: (J{,(,UIl1'~( Ail I, JUDITH A. PASCALE Clerk of th C . (lnserf the city or other pollticai, of Record thereof, do hereby ce~tif th t I ~ ounty of Suffolk and the Court the original Oecla,ration RECOwlo i~ m :r;i~ompare2t~7:'()]!fd with LIBER ./fii'r.:.ii{.l... PAGE ....~Y3 y e on ...:...................:.1.. under and of the whole of such original. ..... and, that the same IS a true copy thereof, In Testimony Whereof I have her seal of said County and Court ~n tho 7~nto set myJ1a~ and,affixed the IS.... ......... day of .~20 .(l.']. 12.0245p 1I1107kJ CLERK (;Z~.:~.:.:.I....a:..4.~~r...,.~...~.) . . ' . . Schedule A DESCRIPTION OF PROPERTY DECLARANT: FITF LLC . ALL Ihm certllin plOL l.jl:<:C M p:Ill:c1 uf l:md. ",ilh the buildings and ;mpI'OYcmentJ< I~n cn::cled, ~iIUlll.. lylnlllll1<l bdnll-ill<~ ~, at Fishers Island, in t.he T01ol11 of Southold, c;ount.y 01; Suffolk and State of l<ew ~ork, being bounded and described as foUews: BBClINN:INI; at a iron pipe on thl!! westerly side of Resl!!rvoir Road at the northeast erly corner of land n010l or formerly of. Micbael collyer and 6an~ collyel' and the southeasterly corner of the premises herein ~escribed; rurning th~ce along said westerly side of Reservoir R08Q the fOllowing fi'i~. ($) courses and distandeSt (1) North $!lo 13 I 00" West :J. .05 feet; (2) North 470 qS' 00. West 86.~9 feet; (3) North 3$0 4" DO" West 76.01 feet; (~) North 090 12' 00. Weat 125.$0 feet; and (5) North 120 10' 00" East 192.; 0 feet to a b;l;'ass marker and land now or fo:cme;rly of tln10lL Free Sohool !)~.strictl thence Nortn 53" 37' DO" West along saicl land now or fort4erly of U:110n P'X'ee School .DiBtdct 279 feel::, more or lese, to the Shore of l1'.i.she;rs IlIlllnd Sound; thence :in II general.eoutherly direction alo~ the SJ1arl!:. of Pishclr/i Island SOlmd and lOIter along the shore Une of Silver Ed Cove as they lloth w;i.nd anG tUnl 930 feet b10re or lesa to I.~d DOW at' fOl:ll1e~ly of Mlchael COllyer and. sandra Collyer first: mentioned allovel thence llorth ~,O' 17' 00' East along- said last II1Elntioned liiU1d 122 feet more or less to t~1 westerly side of ReBervo:i~ Road and l::he point or place of aESIN!UNG. . BEING AND INtENDED TO BB Parcel Three ~n prem1sc~ conveyed t9 the party of the fint p~:rt by deed dllted May 9. 1996 and recorded in the Suffolk County C1erk'~ OfftcB on September 10. 1996 in Liber 11791 Page 451.