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nECLARATION OF COVENANTS AND RESTRICTIONS
This decl~rntion maoe the 30thday of January, 1987 by
Thomas E. Samuels alkla Thomas Samuels, (Not) Haywater Road,
Cutchoque, New York 11935, hereinafter referred to as
"Declarant".
WHEREAS, declarant is the owner of certain real property
which is situate in the Town of southold, County of Suffolk and
"t~t., of 'Jew York, more particularly bounded and described as set
forth in Schedule "A" annexed hereto (the "property") dnd made a
~~rt hereof; and
WHFRFAS, declarant applied to the Planning Hoard of the
Town of Southolrl for minor suboivision aJ'lproval to sub-divide the
,)rfl:wrty into two lots for resioential J'lurJ'loses, which lots are
I" 'I~ !e,j anrl described on Schedule "A" annexed hereto: and
WHEREAS, on necember 22, 1986 the Planning Hoard of the
Towr. of Southold nrloJ'lted a resolution aJ'lproving the subdivision of
thp J'lroperty into said two lots suhject, however, to the
.'or.ditions contained in this neclaration of Covenants and
Restrictions: ~nd
WHEREAS, declarant desires to restrict the use and
f,r. ioyment of said f1roperty and has for such purposes determined to
impose on said f1roJ'lerty covennnts and restrictions and does herehy
declare that said f1rof1erty shall he held and shall be conveyed
suhject to the followin0 covenants and restrictions.
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NOW, THP.RP.FORE, this declaration witnesseth:
1. Nei ther of the lots described on Schedule "n-
annexed and referred to ahove shall be subdivided or have its lot
lineg chanqed in any manner at any future date unless authorized
"V the Planninq Roard of the Town of Southold.
2. No ganitary digposal facility shall be constructed
~r otherwise located within 100 feet of the edge of the tidal
wetlands along the shoreline of Hallocks Bay.
3. No stormwater runoff resulting from the development.
and improvement of the subdivision or any of its lots shall be
<4ic;chClr'led down the face of the hluff in any manner into the
adjoining hody of water Clnd the tidal wetlands bordering the
')ronerty.
4. The declarClnt does herehy donate, grant, transfer
'1.,<4 c()'lvey on to th" Town of Southold in perpetul ty a scenic and
"''':sprv,1l ion '>,ls..'""nl of the nature, character and to the extent
I,,'r,'ir.aft.>r set forth, over and upon the property within 50 feet
of the ghore!ine of Hallocks Ray (hereinafter sometimes referred
tn dS the "burdened premises"):
a. No huilding or structure of any description shall
~~ erected on the hurdened premises, except that one (1) catwalk
nn wider than five (5) feet and floating dock may be constructed
on each lot over the bUrfJened premises so long as such catwalk and
floating dock are approved by all applicable governmental agencies
li.win(] juriSdiction, including but not limited to the Trustees of
JIll
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the Town of Southold, the New York State nepartment of
Fr.vironment"l Conservation and the United States Army Corps of
P"gineers.
b. No topsoil shall be removed from the burdened
oremises nor shall sand, gravel, peat or other minerals be
exc"vated therefrom or deposited thereon for any purpose.
c. The burdened premises, to maintain its present
cp00arance, shall remain in its natural state, and for this
:Iurpose, decl"rant, his heirs and assigns reserve the exclusive
ti',llt to use and enjoy sain burdened premises.
d. Thp burdened premises shall not be open or
~'Jailable to the ['llblic for general or park use, but shall remain
~r ~ll times in the exclusive possession of the declarant, his
heirs and assiqns.
e. All rights, interests and privileqes of declar~nt
I' thl' burd,'ne,j rrl',nises not herain specifically donated, qrantpd,
ttar.sfarred and conveyed, remain and reside w~th declarant, his
f!pi ,-s ,lr.d ilssiqns.
5. These covenants and restrictions shall run with the
I."d and shall be hinrlinq upon declarant, his heirs and assigns,
"red u['on a 11 ['ersons or en tit ies cIa imi nq under them and may b",
I "I'rniICilted, revoked or ilmt>nded by thl> owner of the property only
WIth the authoriz"tion of the Planning Board of the Town of
Southold.
IN WITNESS WHP.RP.OF, the declarant above named has
exeC'uted
the foregoing instrument the day and year first above
'''ri tten.
L..~ (iJJu/A
0/- ,
V~. .
Thomas E. Samuels a/k/a
Thomas SamlH~ls
r
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S:AT~ or NEW YORK)
55. :
rnUNTY or surrOLK)
On this:JOtJ.... day of .January, 1987, before me personally
came THO"AS ~. S/\'IrWLS a/k/a THO"1AS SAMlIf.LS, to me known ana known
tn me tn be the inrliviaual descrihed in and who executed the
f,reqoinq instrument ana he duly acknowledQed to me that he
expcut~rl the same.
~1Ig-HEN R. ANGEL
Nanry PubIIo. St8te of New YOlt
No. 4803748
QueIHled In Suffolk County
Commlulon Expirlll September 30. 1988
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SCHEDULE A
BEGINNING at the intersection of the northerly line of Orchard
Street and the easterly line of Narrow River Road;
RUNNING THENCE along said easterly line of Narrow River Road, two
courses:
1. North 15 degrees 44 minutes 40 seconds east, 311.32
feet; thence
2. North 39 degrees 12 minutes 30 seconds west, 328.57
feet to land of Pluschau;
THENCE along said land of Pluschau, two courses:
,. North 42 degrees 29 minutes 50 seconds east, 221.79
feet; thence
2. North 36 degrees 14 minutes 00 seconds east, 80.00
feet to the ordinary high water mark of Hallock's
Bay;
THENCE along sa ir'1 ordinary high water mark and the following tie
lines:
1. North 87 degrees 41 minutes 00 seconds east, 114.07
feet; thence
2. South 14 ciegrees 49 minutes 30 seconds east, 84.05
feet; thence
3. South 61 degrees 45 minutes 50 seconds east, 61.29
feet; thence
4. South 5 degrees 49 minutes 30 seconds east, 49.25
feet; thence
5. South 21 degrees 41 minutes 40 seconds west, 100.09
feet; thence
6. South 34 degrees 53 minutes 30 seconds west, 92.66
feet; thence
7. South 3 degrees 56 minutes 00 seconds west, 160.38
feet; thence
8. South 19 degrees 48 minutes 00 seconds east, 53.14
feet; thence
9. South 27 degrees 23 minutes 00 seconds west, 281. 72
feet to the northerly line of Orchard Street;
THENCE along said line, south 82 degrees 33 minutes 20 seconds
west, 83.0 feet to the point of BEGINNING.
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SCHEDULE B
Lot One
Bf-GINNING at a point located on the easterly line of Narrow River
Road, which point is located the following two courses and
distances from the intersection of the northerly line of Orchard
Street and the easterly line of Narrow River Road I
1. North 15 degrees 44 minutes 40 seconds east, 311.32
feet I thence
2. North 39 degrees 12 minutes 30 seconds west, 153.57
feet and from said point of beginning
RUNNING THENCE along the easterly line of Narrow River Road north
39 degrees 12 minutes 30 seconds west 175.0 feet to land of
Pluschaul
THENCE along said land of Pluschau two courses:
1. North 42 degrees 29 minutes 50 seconds east, 221.79
feet; thence
2. North 36 degrees 14 minutes 00 seconds east, 80.0
feet to the ordinary high water mark of Hallock's
Bay;
THENCE along said ordinary high water mark and the following tie
lines:
1. North 87 degrees 41 minutes 00 seconds east, 114.07
feetl thence
2. South 34 degrees 49 minutes 30 seconds east, 84.05
feetl thence
3. South 61 degrees 45 minutes 50 seconds east, 61.29
feetl thence
4. South 5 degrees 49 minutes 30 seconds east, 49.25
feet; thence
5. South 21 degrees 41 minutes 40 seconds west, 58.09
feet;
THENCE along the dividing line between lots one and two of the
proposed minor subdivision, map of property Thomas Samuels, the
following two courses:
1. South 72 degrees 40 minutes 40 seconds west, 137.27
feetl thence
2. South 50 degrees 47 minutes 30 seconds west, 200.0
feet to the easterly line of Narrow River Road and
the point or place of BEGINNING.
..
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SCHEDULE A
Lot Two
BEGINNING at the intersection of the northerly line of Orchard
Street and the easterly line of Narrow River Road,
RUNNING THENCE along said easterly line of Narrow River Road, two
courses:
1. North 15 degrees 44 minutes 40 seconds east, 311.32
feet, thence
2. North 39 degrees 12 minutes 30 seconds west, 153.57
feet to a point on the division line between lots
one and two of the proposed minor subdivision map
of property Thomas Samuels,
THENCE the following two courses along said division line:
1. North 50 degrees 47 minutes 30 seconds east, 200.0
feet; thence
2. North 72 degrees 40 minutes 40 seconds east, 137.27
feet to the ordinary high water mark of Hallock's
Bay,
THENCE along sai<i ordinary high water mark and the following tie
lines:
1. South 21 degrees 41 minutes 40 seconds west, 42.0
feet; thence
2. South 34 degrees 53 minutes 30 seconds west, 92.66
feet, thence
3. South 3 degrees 56 minutes 00 seconds west, 160.38
feet, thence
4. South 19 degrees 48 minutes 00 seconds east, 53.14
feet, thence
5. South 27 degrees 23 minutes 00 seconds west, 281. 72
feet to the northerly line of Orchard Street,
TH~NCg along said line, south 82 degrees 33 minutes 20 seconds
west, 83.0 feet to the point of BEGINNING.
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DECLARATION OF COVENANTS AND RESTRICTIONS
This declaration made the &tLday of January, 1987 by
Thomas E. Samuels a/k/a Thomas Samuels, (Not) Haywater Road,
Cutchogue, New York 11935, hereinafter referred to as
"Declarant".
WHEREAS, declarant is the owner of certain real property
which is situate' in the Town of Southold, County of Suffolk and
State of New York, more particularly bounded and described as set
forth in Schedule "A" annexed hereto (the "property") and made a
part hereof; and
WHEREAS, declarant applied to the Planning Board of the
Town of Southold for minor subdivision approval to sub-divide the
property into two lots for residential purposes, which lots are
bounded and described on Schedule "B" annexed hereto; and
WHEREAS, on December 22, 1986 the Planning Board of the
Town of Southold adopted a resolution approving the subdivision of
the property into said two lots subject, however, to the
conditions contained in this Declaration of Covenants and
Restrictions; and
WHEREAS, declarant desires to restrict the use and
enjoyment of said property and has for such purposes determined to
impose on said property covenants and restrictions and does hereby
declare that said property shall be h~ld and shall be conveyed
subject to the following covenants and restrictions.
.
.
NOW, THEREFORE, this declaration witnesseth:
1. Neither of the lots described on Schedule "B"
annexed and referred to above shall be subdivided or have its lot
lines changed in any manner at any future date unless authorized
by the Planning Board of the Town of Southold.
2. No sanitary disposal facility shall be constructed
or otherwise located within 100 feet of the edge of the tidal
wetlands along the shoreline of Hallocks Bay.
3. No stormwater runoff resulting from the development
and improvement of the subdivision or any of its lots shall be
discharged down the face of the bluff in any manner into the
adjoining body of water and the tidal wetlands bordering the
property.
4. The declarant does hereby donate, grant, transfer
and convey on to the Town of Southold in perpetuity a scenic and
conservation easement of the nature, character and to the extent
hereinafter set forth, over and upon the property within 50 feet
of the shoreline of Hallocks Bay (hereinafter sometimes referred
to as the "burdened premises"):
a. No building or structure of any description shall
be errected on the burdened premises, except that one (1) catwalk
no wider than five (5) feet and floating dock may be constructed
on each lot over the burdened premises so long as such catwalk and
floating dock are approved by all applicable governmental agencies
having jurisdiction, including but not limited to the Trustees of
~
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the Commonalty of the Town of Southold, the New York State
Department of Environmental Conservation and the United States
Army Corps of Engineers.
b. No topsoil shall be removed from the burdened
premises nor shall sand, gravel, peat or other minerals be
excavated therefrom for any purpose.
c. The burdened premises, to maintain its present
appearance, shall remain in its natural state, and for this
purpose, declarant, his heirs and assigns reserve the exclusive
right to use and enjoy said burdened premises.
d. The burdened premises shall not be open or
available to the public for general or park use, but shall remain
at all times in the exclusive possession of the declarant, his
heirs and assigns.
e. All rights, interests and privleges of declarant
in the burdened premises not herein specifically donated, granted,
transferred and conveyed, remain and reside with declarant, his
heirs and assigns.
5. These covenants and restrictions shall run with the
land and shall be binding upon declarant, his heirs 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 authorization of the Planning Board of the Town of
Southold.
IN WITNESS WHEREOF, the declarant above named has
executed the foregoing instrument the day and year first above
written.
.........::;;
Thomas E. Samuels a/k a
Thomas Samuels
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STATE OF NEW YORK)
ss. :
COUNTY OF SUFFOLK)
On this ~Ol day of January, 1987, before me personally
came THOMAS E. SAMUELS a/k/a THOMAS SAMUELS, to me known and known
to me to be the individual described in and who executed the
foregoing instrument and he duly
acknowledged to me that he
'O~bdk;j~{
executed the same.
ICAIIEM"'~
IlClIM'I PIlIUl:.............
Ho.I7 GlCM"'.1uIIoIl CDunlII :11
c~ Iltl 1.... MINh ao. 11
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SCHEDULE A
BEGINNING at the intersection of the northerly line of Orchard
Street and the easterly line of Narrow River Roadl
RUNNING THENCE ~long said easterly line of Narrow River Road, two
courses:
1. North 15 degrees 44 minutes 40 seconds east, 311.32
feetl thence
2. North 39 degrees 12 minutes 30 seconds west, 328.57
feet to land of Pluschaul
THENCE along said land of Pluschau, two courses:
1. North 42 degrees 29 minutes 50 seconds east, 221.79
feetl thence
2. North 36 degrees 14 minutes 00 seconds east, 80.00
feet to the ordinary high water mark of Hallock's
BaYl
THENCE along said ordinary high water mark and the following tie
lines:
1. North 87 degrees 41 minutes 00 seconds east, 114.07
feetl thence
2. South 34 degrees 49 minutes 30 seconds east, 84.05
feetl thence
3. South 61 degrees 45 minutes 50 seconds east, 61.29
feetl thence
4. South 5 degrees 49 minutes 30 seconds east, 49.25'
feetl thence
5. South 21 degrees 41 minutes 40 seconds west, 100.09
feetl thence
6. South 34 degrees 53 minutes 30 seconds west, 92.66
feetl thence
7. South 3 degrees 56 minutes 00 seconds west, 160.38
feetl thence
8. South 19 degrees 48 minutes 00 seconds east, 53.14
feetl thence
9. South 27 degrees 23 minutes 00 seconds west, 281.72
feet to the northerly line of Orchard Street 1
THENCE along said line, south 82 degrees 33 minutes 20 seconds
west, 83.0 feet to the point of BEGINNING.
,
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SCHEDULE B
Lot One
BEGINNING at a point located on the easterly line of Narrow River
Road, which point is located the following two courses and
distances from the intersection of the northerly line of Orchard
Street and the easterly line of Narrow River Road 1
1. North 15 degrees 44 minutes 40 seconds east, 311.32
feet1 thence
2. North 39 degrees 12 minutes 30 seconds west, 153.57
feet and from said point of beginning
RUNNING THENCE along the easterly line of Narrow River Road north
39 degrees 12 minutes 30 seconds west 175.0 feet to land of
Pluschau1
THENCE along said land of Pluschau two courses:
1. North 42 degrees 29 minutes 50 seconds east, 221.79
feet1 thence
2. North 36 degrees 14 minutes 00 seconds east, 80.0
feet to the ordinary high water mark of Hallock's
BaY1
THENCE along said ordinary high water mark and the following tie
lines:
1. North 87 degrees 41 minutes 00 seconds east, 114.07
feet1 thence
2. South 34 degrees 49 minutes 30 seconds east, 84.05
feet1 thence
3. South 61 degrees 45 minutes 50 seconds east, 61.29
feet1 thence
4. South 5 degrees 49 minutes 30 seconds east, 49.25
feet1 thence
5. South 21 degrees 41 minutes 40 seconds west, 58.09
feet1
THENCE along the dividing line between lots one and two of the
proposed minor subdivision, map of property Thomas Samuels, the
following two courses:
1. South 72 degrees 40 minutes 40 seconds west, 137.27
feet1 thence
2. South 50 degrees 47 minutes 30 seconds west, 200.0
feet to the easterly line of Narrow River Road and
the point or place of BEGINNING.
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SCHEDULE A
Lot Two
BEGINNING at the intersection of the northerly line of Orchard
Street and the easterly line of Narrow River Road,
RUNNING THENCE along said easterly line of Narrow River Road, two
courses:
1. North 15 degrees 44 minutes 40 seconds east, 311.32
feet, thence
2. North 39 degrees 12 minutes 30 seconds west, 153.57
feet to a point on the division line between lots
one and two of the proposed minor subdivision map
of property Thomas Samuels,
THENCE the following two courses along said division line:
1. North 50 degrees 47 minutes 30 seconds east, 200.0
feet, thence
2. North 72 degrees 40 minutes 40 seconds east, 137.27
feet to the ordinary high water mark of Hallock's
Bay,
THENCE along said ordinary high water mark and the following tie
lines:
1. South 21 degrees 41 minutes 40 seconds west, 42.0
feet, thence
2. South 34 degrees 53 minutes 30 seconds west, 92.66
feet; thence
3. South 3 degrees 56 minutes 00 seconds west, 160.38
feet, thence
4. South 19 degrees 48 minutes 00 seconds east, 53.14
feet, thence
5. South 27 degrees 23 minutes 00 seconds west, 281.72
feet to the northerly line of Orchard Street,
THENCE along said line, south 82 degrees 33 minutes 20 seconds
west, 83.0 feet to the point of BEGINNING.
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