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Home My WebLink About1000-27.-3-3.1 • " ~ 1f,.., THIS DECLARATION, made the day of March, ;1976, by CHARLES DEVOE, residing at 3630 Orchard Street, Orient, ~ ~~New York 11957, hereinafter called the "declarant," and THIS i~INDENTURE and grant of scenic and conservation easement from ~~the "DECLARANT," to the TOWN OF SOUTHOLD, a municipal corporation I~ j~of the State of New York having its office at 16 South Street, ~u ~iGreenport, New York 11944, i i W I T N E S S E T H' ' v ~ i WHEREAS, the "declarant" is now the owner in fee \~J ~~simple absolute of all that certain parcel of land as shown on ;'a certain map entitled, "Beaujolais Acres," Town of Southold, t~ ii County of Suffolk, State of New York, made by Roderick Van Tuyl, ' ~~P.C., to be f/filed in the Office of the Clerk of the County of I~' Suffolk on,/~fii~ ~~1976 as Map # ~y3~3, and I ~ v ii WHEREAS, the "declarant" intends to develop the iaforesaid premises as a planned community, subdividing, granting s !hand conveying same or portions thereof to various purchasers, and , fe II WHEREAS, the "declarant" is desirous of subjecting I~ `the whole of said premises and every portion thereof to certain 'i ;conditions, covenants, restrictions, reservations, exceptions ' ;land easements for the purpose of promoting the general welfare 1 Hof the residents of the area, protecting the environment, produc- I ~Ning harmonious neighborhoods, preserving p~fopert:y values and i f' ~ I•perpetuating the aesthetic amenities pre}lailing in the community, !i ' f ,i 1 it i - - = tisEF~g~1~3 ~~:1~i:3 ~I NOW, THEREFORE, the "declarant" declares that the 1 I~ j' aforesaid premises and the whole and every portion thereof be and the same hereby are held and shall be conveyed subject to ~ I ~~the conditions, covenants, restrictions, reservations, exceptions ~ and easements hereinafter set forth, and each and every prospec- ~ f II~tive purchaser of said premises or a portion, lot or plot hereof (j by the acceptance of a deed thereto, covenants and agrees that ~ 11 I the premises so purchased shall be held subject to and together ~~with the following conditions, covenants, restrictions, reserva- i I~tions, exceptions and easements, to wit: i I' rI ii ARTICLE I j i~ DEFINITIONS I' i I i SECTION 1. DECLARANT. The word "declarant" as ~ ~~used herein is defined as meaning Mr. Charles Devoe, residing at ~~3630 Orchard Street, Orient, New York 11957, his heirs, legal ~ I I~representatives, successors and assigns. + I 4, i SECTION 2. PREMISES. The word "premises" as , 'used herein is defined as meaning all that certain parcel of land i as shown on a certain map entitled, "Beaujola$s Acres," Town of j i (Southold, County of Suffolk, State of New York, made by Roderick ~~Van Tuyl, P.C „ filed in the Office of the C3erk of the County of M Suffolk on 1 1976 as Map # ~+~~J .a t I' SECTION 3. SUBDIVISION MAP. The words "subdivision` I. , .;map" as used herein are defined as meaning Map Number I 2 ii _ _ _ _ ' jlgF~8~18 r,f164 SECTION 4, LOT & PLOT. The words "lot" and ! I "plot" as used herein are defined as meaning the separate f f numbered parcels of land into which the premises has and will be { i divided as shown on the subdivision map. ~ i i ~ SECTION 5. OWNER. The word "owner" as 'I 0~ j, used herein is defined as meaning any individual, corporation ! i ~ior partnership owning any of the lots and plots as shown on ' I jithe subdivision map and his heirs, legal representatives, I! i successors and assigns. ~I fI SECTION 6, USAGE. Wherever necessary or appropriate, the use herein of any gender shall be deemed to ~ r o include the other genders, and the use herein of either the Ismngular or the plural shall be deemed to include the other. 1 ARTICLE II j OPERATION AND EFFECT I! SECTION 1, REAL COVENANTS. All of the conditions, I covenants and restrictions created herein shall be construed as f ~ , (real covenants running with the land. I SECTION 2, ENFORCEMENT. This declaration shall be binding upon, inure to the benefit of, and be enforceable by j j~the "declarant" and any owner of any lot and plot. j I, iII SECTION 3. WAIVER. The failure to enforce l any of the conditions, covenants and restrictions created herein I~I f I I~ 3 I~ ~ !II ' l~ I _ - T ~ • ! • . ~ - ~~a~r8~118 +~nl_.165 J shall not constitute a waiver or estoppel of the right to do so ~ithereafter. ~ 'i ! ; j~ SECTION 4. DURATION. The covenants, conditions i~ ~ I. and restrictions created herein shall be perpetual in nature ~ ~~except as otherwise herein provided. I! SECTION 5, INVALIDATION. The invalidation of any ij !!section or portion of this declaration by a court of competent 'j i jurisdiction shall not affect any of the remaining provisions ~ l i ,hereof which shall remain in full force and effect. j I ARTICLE III J! RESTRICTED AREA jI i I~ I SECTION 1. DESIGNATION, That portion of each lot if located within the "restricted area" as shown on the map of Ji"Beaujolais Acres" shall be limited to the uses herein provided. w SECTION 2. RESTRICTIONS. The "restricted area" ! shall be limited only to open space and/or recreational and/or i agricultural uses and only to agricultural structures and barns, I (sheds and the like, which are appurtenant to such uses, shall be J~constructed therein. Land located within the "restricted area" I Ii I ijshall not be split off and/or separated from any lot, nor shall I lJthe lots shown on the subdivision map of "Beaujolais Acres" be further subdivided. If IN WITNESS WiiEREOF, I have hereunto set my hand and jIl I~ li 4 ! i' I~ i _ r _ t 19Ef, ~ Q . ~il~U r"Af~~~IJ • seal the day and year first written above. ' i ~i Attest: ~ ii I I ~ , (I 7; II CHARLES DEVOE I ii COUNTY OF SUFFOLK) I ss.: II STATE OF NEW YORK) I i 11 j On the Pl day of March ~ 1976, before me per- ~isonally came CHARLES DEVOE to me known to be the individual I described in and who executed the within declaration and ~ ~ ~ 'who acknowled ed to me that he executed the same. 9 I~ I~ I i li ceorrre c alp ~nencH ~ I Alornrv r ~ ~ r;_ ~ 'w York Otdry P 1C I ~ ~ ~ 'nmty I Clrtifiad New lou 6.nRs• 9ronx~ II ~Dmmission Ex ~ _ ~ _,""d ~~°unties ' i p'r°s ;arch 30, 19Jr' i I it I i I. t ~ Y ~I t I IiI I l I ~ II ' ~1 1 I S I I ~ ~I I ' _ _ 1 ~I _ - i