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Home My WebLink About1000-27.-4-10.1 (2)DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 20th 1988, by PETER BLANK, Jr., residing at day of December , (No #) Peter's Neck Road, Orient, Town of Southold, County of Suffolk and State of New York, 1000 027.00 hereinafter referred to as Declarant. WHEREAS, Doclarant is the owner of certain real property which is situate at Orient, Town of Southold, County of Suffolk and State of New York, more particularly as shown on a certain survey : 04 i'60 ~entitled "Final Plan of Minor Subdivision for Peter Blank, iJr."minor subdivision map no. 9599-6, annexed hereto and made a ipart hereof, and identified as Schedule A; and WHEREAS, Declarant has made application to the Planning ' iBoard of the Town of Southold for approval to subdivide the real ~property referred to above into two (2) parcels as shown on said ?_,/c 9!9.~ minor subdivision map as Schedule A; and WHEREAS, for and in consideration of granting of said approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's office; and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interests of the 10760 47J. , ' ' Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARANT WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all pu'rchasers and~ holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: as herein described on said minor That on Parcels 1 and 2, subdivision map, there shall be parcels. IN WITNESS WHEREOF, the the foregoing no further subdivision of said Declarant above named has executed Declarant the day and year first above written. State of New York) ) County of Suffolk) On this 20th day of December , 1988, before me personally appeared Peter Blank Jr., to be known to me to be the individual described in and who executed the foregoing instrument, and they duly acknowledged to me that he executed the same. N~)~ARY -PUB L~ ~OSE ANN ~JSUMANO Notary Public, St.le nf New York Commission E~res Sept. 10760 SCHEDULE A 1000 027.00 04.00 BEGINNING at a point on the southerly line of King Street which point of beginning is the northeasterly corner of the premises herein described and the point formed by the intersection of the southerly line of King Street with the westerly line of a 33 foot , private road forming the division between the premises herein !described to the west and premises owned now or formerly by the Tabor Estate to the east: from said point of beginning running along the southerly line of King Street South,73° 07' 50" West i 491.08 feet to a point; then South 25° 06' 20" East 369.88. feet along Lot No. 2 on the Map of Minor Subdivision of Property of Peter Blank at Orient, Suffolk County, New York, mapped November 30, 1987 by Roderick Van Tuyl, P.C.; thence North 73° 07' 50" East 375.92 feet still along said Lot No. 2 to a point on the westerly line of a 33 foot private road; thence the following three (3) courses and distances along said westerly line of said private road: .... (1) North 16° 43' 40" West 19.30 feet; [ - (2) North 03° 43' 30" West 206.99 feet, and .......... (3) North 10° 57' 00" ~est 146.00 feet to the southerly ?/0 10.~ 0~lng Street and the point or place of BEGINNING. line of ~' t:~.,. m ,fJ. ~ ~ l- e> c' .ISTRICT 000 - ECTION 27.00 lOCK 4.00 OT ICY. 001 0"- (;.... l\.c ,_."'""""-o,""","~'.- fh- -H'~.~- . 10451 rC,134.' . DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 28th day of September, 1987, by PETER BLANK, JR., residing at (No #) Peters Neck Road, Orient, New York 11957, and GEORGE R. LATHAM, JR., residing at (No#) Peters Neck Road, Orient, New York 11957, hereinafter referred to as the DECLARANT, as the owners of premises described in Schedule "A" 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 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 subdivision or development application, the DECLARANT agrees that fill will 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 ~ fUb.J ,-. ::41::' .:;.;:;;. .. _.... .<~.,..,.. . ....... . 10451 Pb"l35 . .' 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. s. 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 aforementioned 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 rG136 . '_'""_ Jl . -, .~~ 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. A Jl- 12. (;( aXi:-~ .' (Ge~e R. Latham, Jr.) -3- -. . 10451 PCl37 . STATE OF NEW YORK) 55. : COUNTY OF SUFFOLK) On the ~~pay 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. ;j, .~ J('fa No y blie 58. : MARCIA Z. HEFTER Nol8ty Public. Sm. of New YadI No. 62-8830970 Qualified in Suffolk County..... Comrnlulon Expires July 31. 1..... STATE OF NEW YORK) COUNTY OF SUFFOLK) On the;?~pay 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. 1(}nl/~1~_ Nota P ~c MARCIA Z. HEFTER Notary Public. State of New YadI No. 52-6830970 Qualified in Suffollc CoUnty Commiasion Elcpires July 31, 1988 . --<,,- . . 10451 P&138 . 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 PREPARED FOR PETER BLANK, JR. & GEORGE R. LATHAM, JR. AT ORIENT, SUFFOLK COUNTY, NEW YORK ALL that certain plot, piece or parcel of land, situate, lying and being at orient, Town of Southold, County of Suffolk and State of New York, bounded and described as 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 \vesterly line of a Privilte 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 6 minutes 20 seconds West, 369.88 feet to the southerly side of King Street, the point or place of BEGINNING. . 10451 PC139 . . 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 dlong said land south 59 degrees 21 minutes 50 seconds west, 57.03 feet; Thence still along said lands, north 63 deyrees 36 minutes 20 seconds West, 272.63 feet to land 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 l<ing street; Thence along King Street north 73 degrees 7 minutes 50 seconds East, 25.26 feet to the point or place of BEGINNING. -'''<ill.. -- .M,"->. ...&...'I""P......".I" ~r'N"'.'lJll!f..r""l_..__.."~. - . 10451 pC140 . PARCEL C - ENTIRE 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 of a Private Road; Thence along the westerly side of a Private Road the following five courses and distances: 1) south 10 degrees 57 minutes 00 seconds east, 146.00 feet; 2) south 3 degrees 43 minutes 30 seconds east 206.99 feet; 3) South 16 degrees 43 minutes 40 seconds east, 550.90 feet; 4) south 32 degrees 51 minutes 00 seconds 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 said lands, 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 of strachan; Thence north 38 degrees 22 minutes 10 seconds along said last mentioned lands, 348.23 feet; Thence still along s~id 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. OF _ -~ i .. --I I I I ! DECLARATION OF CDVENANTS [, RESTRICTIONS "--_.__.._._.._--~- --....--.-..---..-. II I ,I I! ., I' _.~~;:---~~-~:==--..:::::=::f i PETER BLANK, JR. and GEORGE R. LATHAM, JR. Declarants II i RECORD AND RETlJRJ.\i 'ill: I .1 'I I l I b~.__n , , I , Dated r I- I I I ! September 28 , I, Ii 11 198 ~j i II II 'I I , i II I I, I ESSEKS. I-IEFTER, }..~~ 8 ANGEL COUNSELORS AT LAW f-.:l ~ ....J !oe EAST MAIN STREe:T RIVERHEAD, N. Y. 1190! OCT ZZ Uii ,"'" ''I 5 II PtV '87 !' . , J.f rU.A , {) [ -~ ,1;'7 ;' ..~.- "",,::- . ~-:'*'j" '. ~l 01 ~I c.n '-"1 r-t =""i S 1,