HomeMy WebLinkAbout1000-96.-3-7.1SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION/DOP
Number of Pages: 7
Receipt N%unber : 05-0125480
District:
1000
Recorded:
At:
12/02/2005
01:44:51 PM
Page/Filing
COE
TP-584
Cert.Copies
SCTM
Received the Following Fees For Above Instrument
Exempt Exempt
$21.00 NO Handling $5.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$8.75 NO RPT $30.00 NO
$0.00 NO
Fees Paid $84.75
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
LIBER: D00012423
PAGE: 307
Section: Block: Lot:
096.00 03.00 007.001
EXAMINED AND C~ARGED AS FOLLOWS
Number of pages
TORRENS
Serial #
Certificate #
RECOR[,E[~
2005 bec 02 01:44;51
Ed~.J~rd
CLERK OF
~LtFFOLK COUP.iT7
L [;00012423
;' 307
Prior Ctf. #
Deed / Mortgage Instrument
31
Handling 5.
00
Deed / Mortgage Tax Stamp
FEES
TP-584
Notation
EA-52 17 (County)
Sub Total
EA-5217 (State)
R.RT.S.A. J'-
Comm. of Ed. 5.00
Affidavit
~ed Cop~) C",, /
NYS Surcharge 15. 00
Sub Total
Other
4 Dist. I_
Real Propert
Tax Service
Agency
Verification
Grand Total
1000 09600 0300 007001
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
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.
5 Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
I Satisfactions/Discharges/Releases List Property Owners Mailing Address
6
I
RECORD & RETURN TO:
Vacant Land
TD
Cox-
TD
TD
71
Co. Name
Title #
Title Company Information
Suffolk County Recording & Endorsement PaRe
This page forms part of the attached c~ Cz~.~,S-wu4~ ~ /~-~,,3%,~t. made by:
(SPECIFY TYPE OF INSTRUMENT)
~CW~/&-/~ ~ G',/~t./~ The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the Township of
~0~.2,00Jr ~o,~, M~ In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED ~ BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
DECLARATION OF COVENANTS & RESTRICTIONS
TI-IIS DECLARATION is made on this .2 ~ cd~
day of Decemher 2005 by Leander B. Glover Jr.
Who resides at Cox La. Cutchogue, N.Y. 11935, hereinafter referred to as the DECLARANT:
WITNESSETH:
WHEREAS, the DECLARANT is the owner of a certain real property situate on the on the s/s/o
Cox's La. approximately 1500' n/w of Main Road in Cutchogne,New York, more particularly
bounded and described in Schedule "A" attached hereto (hereinafter referred to as the
Proporty);and
WHERAS, the DECLARANT has made application for and has roceived conditional approval
from the Planning Board of the Town of Southold to subdivide said property into two (2) lots as
shown on the Subdivision map "Subdivision of Property Clustered Set-offprepared for Leander
B. Glover" prepared by John C. Ehkxs Land Surveyor, last dated Feb. 15, 2000; and
WHEREAS, for and in consideration of granting said approval, the Planning Board of the Town
of Southold has d~med it in the best interests of the Town of Southold owner and prospective
owners of said lots 1 and 2, and as a condition of said approval, said Planning Board has
required that the within Declaration he recorded in the Suffolk County Clerk's Office; and
WHEREAS, the DELARANT has considered the foregoing and have determined that thc same
will he for the interests of the DECLARANT and subsequent owners of said parcel;
NOW ,THEREFORE, THIS DELARATION WITNESSETH:
That the DECLARANT, for the purpose of ean~ng 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, distributes, successors and
assigns, to wit:
1. The clustered open space is equal to 36,439 s.f. and is located within Lot 1 and shall he
considered unbuildable lands for the purpose of future yield calculations.
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 he terminated, revoked or amended by the owner of thc Property only with the written
consent of the Town granted by a majority plus one vote of the Planning Board after a public
hearing.
If any section, subsection, paragraph ,clause, phrase or provision of these covenants and
restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, ualawfull, invalid or
held to be uaconstitutional, the same shall not affect the validity of these covenants as a whole or
any other part of 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 enforceable
by the Town of Sonthold, State of New York, by injunctive relief or by any other remedy in
equity or 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 therof.
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 nm with the land and shall he finding upon the DECLARANT and its
successors and assigns, and upon all persons or entities claiming under them, and may not be
annulled, waived, changed, modifies, 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 Southold or its successors, after a public hearing.
IN WITNESS WHERE OF, the DECLARANT above named have executed the foregoing
instrument the day and year written above.
Leander B. Glover Jr. ~/
ATE OF NEW YORK SS:
UNTY 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
DEEDLIBER /P ~/~ AT PAGE ~o 7 RECORDED /~- ~'O~
AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE
THEREOF.
cNoTESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID
CLERK
~No. ~JU605@400 w York
Commission Expires May 39,
SCHEDULE A
DESCRIPTION OF PROPERTY
Stewart Title Insurance Company
Tit~ No: SS25-S-0110
Schedule A Description
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in
the Town of Southold, County of Suffolk and State of New York, bounded and described as
follows:
BEGINNING at a monument set on the southwesterly side of Cox's Lane distant
1518.62 feet northerly from the comer formed by the intersection of the southwesterly side of
Cox's Lane and the northwesterly side of Main Road;
RUNNING THENCE South 37 degrees 18 minutes 30 seconds West, 165.00 feet to a
point;
THENCE South 57 degrees 25 minutes 30 seconds East, 185.00 feet;
THENCE South 37 degrees 18 minutes 20 seconds West, 407.91 feet;
THENCE North 58 degrees 45 minutes 30 seconds West, 1050.32 feet;
THENCE North 34 degrees 56 minutes 40 seconds East, 593.91 feet to the southwesterly
side of Cox's Lane;
THENCE the following two (2) courses and distances along the southwesterly side of
Cox's Lane:
South 57 degrees 52 minutes I0 seconds East, 163.52 feet;
South 57 degrees 31 minutes 40 seconds East, 106.03 feet;
THENCE South 32 degrees 28 minutes 20 seconds West, 200.00 feet;
THENCE South 57 degrees 31 minutes 40 seconds East, 200.00 feet;
THENCE North 32 degrees 28 minutes 20 seconds East, 200.00 feet to the southwesterly
side of Cox's Lane;
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
THENCE along said southwesterly side of Cox's Lane the following two (2) courses and
distances:
South 57 degrees 31 minutes 40 seconds East, 100.90 feet;
South 57 degrees 25 minutes 30 seconds East, 317.31 feet to the point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying