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Home My WebLink About1000-52.-7-1 '10160 pL439 . . NOV 5 1986 I.~<~~... '(p.' - <t.' -"";.J.. -<~ ~.~\( "W1'~d \\'". .. .;>:. :-)~~.~~; A.. ""i;,.,,,,;;.. ~~;U~' District 1000 Section 052.00 Block 07,00 Lot 001. 000 "J 'J ~.-, , , '" " "'.. '-..1 DECLARATION DECLARATION, made this 8th day of August, 1986, by PHILIP J. OFRIAS, JR., and SHARYN OFRIAS, both residing at Route #1, Box 188, Free Union, Virginia, 22940, hereinafter referred to as the "declarants"; WHEREAS, the declarants are the owners in fee simple of a certain parcel of land situate at Arshamomaque, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax Map as District 1000, Section 052.00, Block 07.00, and Lot 001.000, being the same property ac- quired by the declarants by deed dated January 23, 1976, and recorded in the Suffolk County Clerk's Office on January 29, 1976, in Liber 7981 of deeds at Page 21, the description of a portion of which is annexed hereto marked Schedule "A", here- inafter referred to as the "premises"; and WHEREAS, the declarants intend to subdivide said premises for residential purposes and desire to subject said premises to certain conditions, covenants, and restrictions in order to preserve the maximum open space, natural scenic beauty, and natural vegetation, and to prevent overcrowding and to conserve the groundwater resources of the Town of Southold; and WHEREAS, the declarant has applied to the Plan- , .10t60 ,I'G440 . . ning Board of the Town of Southold for approval of the sub- division and development of the premises as a minor subdivi- sion to contain three (3) lots or parcels; NOW, THEREFORE, the declarants do hereby de- clare that the premises described in Schedule "A" and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants, and restrictions hereinafter set forth and that every purchaser of said premises or any portion thereof by the acceptance of a deed thereto covenants and agrees that the premises so purchased shall be held sub- ject to the covenants, conditions, and restrictions herein- after set forth: 1. No lot or plot as shown and designated on the minor subdivision map approved by and filed with the Southold Town Planning Board shall be further subdivided, unless fur- ther approved by the Southold Town Planning Board; 2. That all the covenants, conditions, and re- strictions contained herein shall be construed as real cove- nants running with 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 en- forceable by the declarants, their heirs, successors and as- signs; any owners of any portion of the aforesaid premises, their heirs, successors and assigns; and the Town of Southold, its successors and assigns, and the failure of any r I 101GO (~441 of the foregoing to enforce any of such covenants, condi- tions, and restrictions shall in no event be deemed a waiver of the right to do so thereafter; IN WITNESS WHEREOF, the declarants have exe- cuted this Declaration the day and year first above written. .----/ ~ STATE OF NEW YORK ss.: County of Suffolk 1 J, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said c.ounty (said Court bei~a Court of RecordLDO ~REBY CERTIFY that I have compared the annexed copy of V ~ ,0 .., 0 I\~ (VI ~'. "--,191'(., @I/:.I"l R.Y'1 ",-' 07~ /0160 I' Y j/ and that it is a just and true copy of such original ~?C-< and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this ../ day of ~. 19 ?'- ...............................fi~m..a..~.... . 011./ Clerk. Form No. 104 12-109: 1/84 known and known to me to be the individuals described in and who executed the foregoing instrument and acknowledged that they executed the same. /1' I ,;' (' Ii C)__'L{I{--'-f f/ I /{('L-, c!/ . NOT~ PUBLIC i J ' ',-.:.-1 piUc.Cc>,,,, dcL-LG. 8/f,//<?7 ,. . .~ q:j'\ <~ .._'- o '0 ~ 'Q ~ . ).111000 ~10JJnS " :/0 ~(JJl~ ,113SHl" -'f" ,'., --, , ~'-.;Jllnr 98. liV [Z II ~ "DN U""J' ';;1,;-\:.).;)", PHILIP J. OFRIAS, JR., and SllARYN OFRIAS, Declarants, District 1000 Section 52 Block 7 Lot 1 ~ .,..), ~~ DECLARATICN DATED: AUGUST 8th, 1986 RECORD & RETURN TO: JOHN R. ~1Y, ESQ. M:::Nu1ty and DiPietro 130 Ostrander Avenue P.O. Box 757 Riverhead, New York 11901 McNULTY & DIPIETRO ATTORNEYS 8: COUNSELORS AT LAW 10160 r~442 . . SCHEDULE "A" BEGINNING at a point on the Westerly line of a certain 50 foot right-of-wayrunning to Long Creek Drive, on the north- erly line of land of Lang and the southerly line of the prem- ises herein described; RUNNING THENCE along said land of Lang, two courses: (1) South 88 degrees 00 minutes 30 seconds West 466.37 feet; THENCE (2) North 46 degrees 22 minutes 40 seconds West 25 feet more or less, to ordinary high water mark of Long Creek; THENCE northerly along said high water mark, 1140 feet, more or less, to ordinary high water mark of Arshamomaque Pond; THENCE easterly along said high water mark, 900 feet, more or less, to a point just easterly of a certain dock; THENCE along other land of Ofrias, being the average line between upland and meadow; the following 10 courses: (1) South 50 degrees 30 minutes West 125.00 feet; THENCE (2) South 11 degrees 15 minutes West 140.00 feet; THENCE (3) South 12 degrees 00 minutes East 90.00 feet; THENCE (4) South 59 degrees 00 minutes West 130.00 feet; THENCE (5) South 47 degrees 30 minutes East 110.00 feet; THENCE (6) South 17 degrees 00 minutes East 90.00 feet; THENCE (7) North 88 degrees 00 minutes East 60.00 feet; THENCE (8) South 08 degrees 30 minutes East 110.00 feet; THENCE (9) South 35 degrees 30 minutes West 200.00 feet; THENCE (10) South 80 degrees 00 minutes 30 seconds West 120.00 feet to the easterly line of said 50 foot right-of- way; THENCE southwesterly across said 50 foot right-of-way, 50 feet or more to the point of BEGINNING. Containing 18 1/4 acres, more or less.