HomeMy WebLinkAbout1000-38.-7-4
DECLARATION, made this 6iLday of November, 1979, by ZENA KAPLAN,
residing at 26 Dawn Drive, Smithtown, New York, and RHODA KAPLAN, residing at
220 Edgewood Avenue, Smithtown, New York, hereinafter collectively referred to as
"Declarant".
WITNESSETH
WHEREAS, the Declarant is the owner in fee of a certain parcel of land, situate,
lying and being at East Marion in the Town of Southold, County of Suffolk, and State of
New York, more particularly described in the attached schedule marked "Schedule A",
and
WHEREAS, the Planning Board of the Town of Southold, Suffolk County, New York,
(the "Planning Board"), on the 18th day of October, 1979, did approve a sketch plan (dated
July 26, 1979, and amended September 10, 1979) for a "Minor Subdivision", as the same
is defined in ~A 106-13 of the Code of the Town of Southold, including the parcel described
in Schedule A and other lands, and
WHEREAS, the Planning Board has called for a public hearing thereon, to be held
on the 14th day of November, 1979, and
WHEREAS, it is the intent and purpose of the Planning Board that, in the event the
aforedescribed "Minor Subdivision" receives final approval, any subdivision hereafter
of the parcel described in Schedule A shall be, or be deemed to be, a "Major Subdivision"
as the same is defined in the said Section of the Code of the Town of Southold, and not a
"Minor Subdivision",
NOW, THEREFORE, in order that said intent and purpose may be carried out, the
Declarant, in consideration of the premises, and other good and valuable consideration,
sets forth the following:
FIRST: The premises set forth in Schedule A, hereto attached, are
owned in fee by Declarant.
SECOND: Declarant covenants that, upon final approval of the pending
application for a "Minor Subdivision", Declarant will not hereafter make appli-
cation to the Planning Board of the Town of Southold for a "Minor Subdivision"
of the premises described in Schedule A, but will make only such subdivision as
would be a "Major Subdivision", or be deemed to be a "Major Subdivision".
THIRD: The aforesaid covenant shall enure to the benefit of the Town of
Southold.
FOURTH: This instrument may be recorded by the Town of Southold
upon final approval of the "Minor Subdivision" referred to in the preambles hereof.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the day and year first above written.
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STA TE OF NEW YORK)
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COUNTY OF SUFFOLK)
On the'j-tt day of November, 1979, before me personally came ZENA KAPLAN
and RHODA KAPLAN, to me known to be the individuals described in and who executed
the foregoing instrument, and acknowledged that they executed the same.
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JOSEPH MlOlLA
Nvr~R,! PUBl/C, St.te 01 New York
, ' . .,7-4667681, Su",'k County
GomtmsslOn Expires Match 30, 19:iY
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SCHEDULE A
(Declaration of Zena Kaplan and Rhoda Kaplan)
ALL that certain plot, tract, piece or parcel of land, situate, lying and being in
East Marion, Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point formed by the intersection of the southerly line of
Main (State) Road and the westerly line of Shipyard Lane; running thence along
the westerly line of Shipyard Lane the following three courses and distances:
(1) South 36 degrees 36 minutes 10 seconds East, 833.33 feet,
to a point;
(2) South 35 degrees 56 minutes 30 seconds East, 832.52 feet,
to a point;
(3) South 35 degrees 41 minutes 30 seconds East, 43.12 feet, to
a point;
running thence the two following courses and distances to lands now or formerly of
Parkside Heights Co.:
(1) South 55 degrees 16 minutes 00 seconds West, 293.40 feet,
to a point;
(2) South 35 degrees 41 minutes 30 seconds East, 600 feet, to the
aforesaid lands, now or formerly of parkside Heights Co. ;
running thence, along said last mentioned lands, the two following courses and distances:
(1) South 55 degrees 16 minutes 00 seconds West, 206.73 feet,
to a point;
(2) South 11 degrees 49 minutes 30 seconds West, 528.61 feet,
more or less, to the ordinary high-water line of Gardiners
Bay;
running thence in a generally westerly direction along the ordinary high-water line of
Gardiners Bay, 100 feet, more or less, to a point and lands now or formerly of
Kavanaugh; running thence along said last mentioned lands, the following four courses
and distance s:
(1) North 11 degrees 49 minutes 30 seconds East, 467 feet,
more or less, to a point;
(2) South 85 degrees 45 minutes 20 seconds West, 250 feet,
to a monument;
(3) North 33 degrees 30 minutes 50 seconds West, 427.54
feet, to a monument;
(4) South 58 degrees 49 minutes 10 seconds West, 87.89
feet, to a monument and lands now or formerly of Dawn
Estates, of Kavanaugh, and of North Fork Equities, Inc.;
running thence along said last mentioned lands, North 33 degrees 22 minutes 50 seconds
West, 812.15 feet, to a monument; running thence along lands now or formerly of North
Fork Equities, Inc., North 34 degrees 34 minutes 40 seconds West, 1067.74 feet to a
.
monument in the southerly line of Main (State) Road; running thence along the southerly
line of Main (State) Road, the following three courses and distances:
(1) North 71 degrees 44 minutes 30 seconds East, 93.75 feet to
,
a monument;
(2) North 77 degrees 42 minutes 30 seconds East, 221.37 feet,to
a monument;
(3) North 64 degrees 53 minutes 30 seconds East, 60 feet, more
or less, to a point marking the northwesterly corner of land
of the State of New York;
running thence along said lands of the State of New York the following five courses and
distances:
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(1) South 32 degrees 19 minutes 20 seconds East, 506.58 feet, to
a point;
(2) North 57 degrees 40 minutes 40 seconds East, 300 feet, to
a point;
(3) North 32 degrees 19 minutes 20 seconds West, 300 feet,to
a point;
(4) South 57 degrees 40 minutes 40 seconds West, 265 feet,to a
point;
(5) North 32 degrees 19 minutes 20 seconds West, 202.15 feet,
to a point in the southerly line of Main (State) Road;
running thence along the southerly line of Main (State) Road the following two courses
and distances:
(1) North 64 degrees 53 minutes 30 seconds East, 20 feet, more
or less, to a monument;
(2) North 57 degrees 40 minutes 40 seconds East, 430.21 feet, to
the point or place of beginning.
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