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Home My WebLink About1000-27.-4-10.1 104~1 PCl34 e. e. DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 28th day of September, 1987, by PETER BLANK, JR., residing at (No i) Peters Neck Road, Orient, New York 11957, and GEORGE R. LATHAM, JR., residing at (Noi) Peters Neck Road, Orient, New York 11957, hereinafter referred to as the DECLARANT, as the owners of premises described in Schedule nAil annexed hereto (hereinafter referred to as the PREMISES) desire to restrict the use and enjoyment of said PREMISES and have for such purposes determined to impose on said PREMISES covenants and restrictions and do 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 Suffolk County Department of Health Services (hereinafter referred to as ~;nUCI loon -- the DEPARTMENT) for a permit to construct, approval of plans or approval of a subdivision or development on the PREMISES. 2. As a condition for approval of the DEPARTMENT of such :crroo ,t:OO . no< 1.00 subdivision or development application, the DECLARANT agrees 1J: ,0.001 that fill wil.t.'be placed on said PREMISES where such fill shall be sufficient to provide adequate grade to allow the installation of a three (3) pool sewage disposal system in accordance with construction standards or guidelines of the DEPARTMENT in effect at the time of construction and that such fill requirement will be a condition for approval of individual construction applications. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all ,~t_\._ \ -1..;." : . 10451 Ptl35 leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. 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. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fUlly set forth. -. 6. .~- The aforementloned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. -2- .. ~- : .... 10451 pct36 . 7. 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 premises only with the written consent of the DEPARTMENT. 8. 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 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. 9. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any " official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose of intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. LS. ~. e R. Latham, Jr.) ~~ -3- . 10451 PGI37 . ., ," " t" STATE OF NEW YORK) : S8.: COUNTY OF SUFFOLK) On the ~8tipay of Seotember, 1987, before me personally came PETER BLANK, JR., to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed same. , ~ '~ l{lJQ No y bl1c ss. : MARCIA Z. HEFTER NolIIry Public. S_ of New Yorll No. 62-8830970 auallfled In Suffollc County Commilllon Elcplrea July 31.1888 STATE OF NEW YORK) COUNTY OF SUFFOLK) On the o:?8U.. ?lay of September, 1987, before me personally came GEORGE R. LATHAM, JR., to be known to be the individual described in and who executed the foregoing instrument and acknowledged that he ;;. executed same. ..... aoJN(}~ Nota pu ic - MARCIA Z. HEFTER Notary Public. Slate of New York No. 62.fl830970 Qualified in Suffollc County Commia&ion Expirea July 31. 1988 . ... 10451 pCl38 SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: PETER BLANK, JR. and GEORGE R. LATHAM, JR. H.D. REF. NO. 87-475 ,.. . NAME OF SUBDIVISION: MAP OF PROPOSED SETOFF PREPARE~,~~~fi;pl.ii 'BLANK, JR. & GEORGE R. LATHAM, JRr.IAT OUD.' '0' COUNTY, NEW YORK "jTi'illt; . , . ~., '. - ,', ~" :hf'i;'\' ALL that certain plot, piece or parcel ot}la , , ):;.., ):~jhl ./,!it:r':: lying and being at Orient, Town of Southold, "Cou , :ft,; ,},i Suffolk and State of New York, bounded and descri t: follows: PARCEL A to be conveyed to PETER BLANK, JR. BEGINNING at a point on tahe southerly side of King Street, said point being distant 25.26 feet easterly from the westerly line of lands now or formerly of George R. Latham, Jr.; Thence from said point of beginning along the southerly side of King Street, north 73 degrees 7 minutes 50 seconds East, 491.08 feet to a point and the westerly line of a.,Private Road; Thence along said westerly line of a Private Road, south 10 degrees 57 minutes east 146. feet; Thence still along said private road the following two courses and distances: 1) south 3 degrees 43 minutes 30 seconds East, 206.99 feet; 2) South 16 degrees 43 minutes 40 seconds East, 19.30 feet to lands now or formerly of George R. Latham Jr.; Thence along said lands the following two courses and distances: 1) south 73 degrees 7 minutes 50 seconds West, 375.92 feet; 2) north 25 degrees G minutes 20 seconds West, 369.88 feet to the southerly side of King street, the point or place of BEGINNING. 10451 Ki39 .. . .. PARCEL B to be conveyed to GEORGE R. LATHAM, JR, BEGINNING at a point on the southerly side of King street, said point being the northwest corner of lands now or formerly of Peter Blank, Jr.;Thence along said lands, south 25 degrees 6 minutes 20 seconds east 369.88 feet; Thence still along said lands, North 73 degrees 7 minutes 50 seconds east, 375.92 feet to the westerly line ~ of a Private Road; Thence along said westerly line of a Private Road the following three courses and distances: 1) south 16 degrees 43 minutes 40 seconds east, 531.60 feet; 2) south 32 degrees 51 minutes 00 seconds east 326.77 feet; 3) South 8 degrees 4 minutes east, 195.01 feet to lands now or formerly of M. L. Blank; Thence along said land south 59 degrees 21 minutes 50 seconds west, 57.03 feet; Thence still along said lands, north 63 degrees 36 minutes 20.seconds West, 272.63 feet to land .t. of Strachan; Thence north 38 degrees 22 minutes 10 seconds along said last mentioned lands, 348.23 feet; Thence still along said lands north 25 degrees 4 minutes 20 seconds west, 916.73 feet to the southerly side of King Street; Thence along King Street north 73 degrees 7 minutes 50 seconds East, 25.26 feet to the point or place of BEGINNING. .. ,"" -;('.~,'J" . .. . ",-' 1f:l451 rC140 . . PARCEL C - ENT'!:RE PARCEL BEGINNING at 'a point on the southerly side of King street, said point being the corner formed by the .intersection of. the southerly side of King Street and the westerly side o'f a Private Road;, Thence along I the westerly side of a Private feet';" 2) south I:i :;::):.;j:..:".. li.i. R~a,I~,'i """",~,,,,~~,Jt"I,:i~n'i:l'''', ' I ; """, :,11'" H','~, ,'~H"h .' . (,., , 1"" ,.-",,!, '.', ,'1' i'- '\ -'J.:M~:, ,~. ; ,'t," if ' ~:i ;::~l:..; Hih~);I.- 1"',Ol>:1 1,,; . j' . "..n-,-,. "':',f,'::"',';I"II".. -j.-,.':V", , 't ,.:.t.j', ;'.:"~...' ,--', east, ',146.~0 ;ilf~:H:' ''Y''!If;l,: -:":":J4f~t> seconds ,;, east "" ' , :!~' ~:: ~ '::', ',,1;:1, L ,.1.",. "L'- "'" :\1 3,) South 16 degrees 43 minutes 40 sed~nd8 east; Ii'> , ~., I~ ';'>)I!I'-", ; '~:: ~ ;:' ,:" ,,:~~j f '"" \' r, :; " ,"; :4) south 32 degrees 51 minutes 00 seconds'~,:+" ,., , ',1,,! 3 degrees 43 minutes 30 .. I following five pourses and distances: \ 1) south 10 de~rees 57 minutes 00 seconds 206.99 feet; 550.90 feet; east, 326.77 feet; 5) south 8 degrees 4 minutes east, 195.01 feet to lands now or formerly of M.l. Blank: Thence along spid lands, south 59 degrees 21 minutes 50 seconds west, 57.03 feet; Thence still along said lands, north 63 degree~ 36 minutes 20 seconds West, 272.63 feet to land of Strachan; Thence north 38 degrees 22 minutes 10 seconds along s~fd last mentioned lands, 348.23 feet; Thence still along said lands north 25 degrees 4 minutes 20 seconds west, 916.73 feet to the southerly side of King Street; Thence along King street north 73 degrees 7 minutes 50 seconds East, 516.34 feet to the point or place of BEGINNING. .. - ._""2".,=---,.,., I I I DECLARATION OF COVENANTS & RESTRICTIONS OCT 22 lUi,'tr< " Sur// OF PETER BLANK, JR, and GEORGE R. LATHAM, JR. Dec1arants " . II II . II ItJ II RRf:mHl A"TT'l "D'R'T'TTD1\l 'T'''. ~ , II I . I ~,' " II ESSEKS. HEF'TER. " .c:.....A.r.:'\..v_ CI A..,,....... II II ...~....'"'~~~_. ...--........ ll.' ("':nIINc:....' .....""'-:- ._ ~.,':' ~; II II ;;:;.:; ~....'=' I MAIN STREET II <:' " II II e..,........ '::.'.=. ~:. .. ,,-=>'-', II " , II . Dated: 28, 1987 I .------ ~ Ii. September 3 12 ?f! '87 ..~ it j ,''''/Sf'' I'A Or ,1./.4 " " COUNlY