HomeMy WebLinkAbout1000-31.-2-22.1 UFFOLK cOU}I'I (
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I. Basic Tax
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EA-5217 (State) S~./Add.
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Suffolk County Recording & Endorsmnent Page
This page fo~s pa~ of the at~ched ~~ ~~ made by:
(SPECIFY TYPE OF INS~UME~)
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SUFFOLK COU~I'Y. NEW YORK.
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BOXES 5 TI IRU 9 MUST fiE TYPED OR PRIN'~D IN BI,ACK INK ONLY PRIOR TO RECORDING OR FILING.
DECLARATION OF COVENANTS AND RESTRICTIONs
This Amended Indenture made this 24th day of March, 1997, by Suffolk County Water
Authority, with offices at 4060 Sunrise Highway, Oakdale, New York 11769 hereinafter called
DECLARANT and Donna Igtesias Wexler, residing at ~=~j~ Main Koad, East Marion, N.Y.,
WIa~KF~S, the DECLARANT is the owner in fee simple of a certain parcel of land
situated at East Mar/on, Town of Southold, Suffolk County, N.Y. and designated on the Suffolk
County Tax Map as District 1000 - Section 031.00 - Block 02.00 - Lot 032.002, being the same
premises acquired by the DECLAKANT by deed dated 12/18/09 and recorded on 12/26/96 in
Liber 11807 cp. 877 in the Suffolk County Clerk's Office and referred to herein as the
"Pr~'mises"; and
WI.-IE~, Donna Iglasias Wexler, as previous owner of the P~e,uises, burdened the
pi'operty with a Declaration of Covenants and Restrictions dated 8/20/96 and recorded on
9/3/96 in L~er 11790 at page 428 and Liber 11792 page 524 in the Suffolk County Clerk's
Office; and
WHEREAS, the aforementioned Declaration of Covenants and Restrictions required
that any modification only be made at the request of the owner of the premises with the
approval of a majority plus one of the Planning Board of the Towu of Southold after a public
hearing and notice to adjourning owners of the public hearing, although the consent of such
adjoining owners shall not be required; and
WHEREAS, an ad~olnlng landowner, Walter C-aipa has made application to the Town
of Southold for a lot-line change as said landowner has cunWacted to purchase a port/on of the
Premises from the DECLARANT and desires that certain restrictions contained in the
heretofore recorded covenants and restrictions concerning the use of the premises be modified;
NOW .THEREFORE, the DECLARANT does hereby declare:
1. THAT the aforementioned Declarations of Covemmts and Restrictions recorded
in Liber 11790 page 428 and Liber 11792 page 524, hereby be modified so as to eliminate the
restriction on the Premises requiring that "the formal and natural existing landscaping, plus the
farmed fields, will remain intact and allow for maximizing the natural lay of the land which
will best preserve the original and existing flora and fauna."
2. THAT all of the covenants, conditions and resections contained herein shall be
construed as real covenants running w~th the land and shall continue and remain in full force
and effect at all times as against the owner of the premises or any portion
thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon and
inure to the benefit of and be enforceable by the DECLARANT, their heirs, successors and
assigns any owner of any portion of the aforementioned Premises their successors and assigns,
and the Town of Southold and its successors and assigns and the failure of any of the foregoing
to enforce any of such covenants conditions and restrictions shall in no event be decreed a
waiver of the right do so thereafter.
3. THAT Donna Iglesias Wexler hereby consents to the aforegoing modification.
4. THAT a copy of the Planning Boards approval as aforementioned shall be
annexed hereto.
In WITNE.-SS WI4~REOF, this indenture bas been executed tl~ 24th day of March,
1997.
SUFFOLK COUNTY WATER AI. YrI-IORITY
Michael A. LoCrtande, Chairman/CEO
Donna Igl~si~s Wexle~
STATE OF NEW YORK)
ss'
COUNTY OF SUFFOLK)
On this 24th day of March, 1997, before me personally came Michael A. LoGrande, to
me kr:o,~ra and known to me to be the individual described in and who executed the foregoing
instrument, and he duly acknowledged to me that he executed the ~s~m~e~. _
STATE OF NEw YORK)
SS:
COUNTY OF SUFFOLK)
Notary Public
DONNA MARIE MANCUSO
NOTARY PUBLIC, Slate of New Yod~
No, 01MA498847!
Qualified in Suffolk Count'
~l~nuSSmn ExpLres N~vember 12, 199'/
On ~ day of March, 1997, before me personally came Donna Iglesiaa Wexler, to
me known and known to me to be the individual described ia and who executed the foregoing
instrument, and she duly acknowledged to me that she executed the same.
No. 49425S8, Suffol~
~~829
STATE OF NEW YORK )
ss:
COUNTY OF SUFFOLK )
On the 28th day of April, 1997, before me personally came Michael A. LoC_rrande,
to me known, who, being by me duly sworn, did depose and say that he resides in Cutchogu¢,
New York; that he is the Chairman/CEO of Suffolk County Water Authority, the public benefit
corporation named in the foregoing indenture; and that he signed his name thereto by like order.
Notary Public
JEAN CARUSO
N~tary Public, State of New York
No. 52-6636730 Suffolk Co. --
Term Exoires Oecember 31, / ~-~'