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HomeMy WebLinkAbout1000-54.-3-21.1 j ... "'" 2:? , - 0 "'" I_ 10461 PC143 . . < .. ii DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this !1/[day of October, 1987, by CHRISTOS VERVENIOTIS and CHRISTENA VERVENIOTIS, his wife, both resid- ing at 42-11 163rd Street, Flushing, New York 11358; and JAMES PLEVRITIS and POTA PLEVRITIS, his wife, both residing at 147-66 7th Avenue, Whitestone, New York 11357; and JOHN YIANOURAKIS and MARY YIANOURAKIS, his wife, both residing at 25-38 43rd Street, Astoria, New York 11103, hereinafter called the "OWNER" // WHEREAS, the "OWNER" has title to certain land situate, t> 2~'-:"'''iYing and being at Southold, in the Town of Southold, County of Suffolk , i,:. I' and State of New York, said land hereinafter being more particularly W'. AFl ,3-Do LOTS 021. 001 021. 002 021. 003 DIST. 1000 S&."l'ION 054 .00 BL-OCK " described; and WHEREAS, it is the "OWNER's" intention that the aforesaid lands be subdivided into a minor subdivision consisting of not more than four (4) residential lots; NOW, THEREFORE, the following described land shall be restricted as hereinafter set forth: ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows:- BEGINNING at a point on the northwesterly side of Old North Road at the intersection of the easterly corner of the premises herein described and the southerly corner of land formerly of . . 10461 rC144 . . " Donahue and now of the Village of Greenport Water Department; RUNNING THENCE along said northwesterly side of Old North Road, South 33 degrees 23 minutes 00 seconds West 499.39 feet to the point formed by the intersection of the northwesterly side of Old North Road with the northeasterly side of Horton's Lane; THENCE along said northeasterly side of Horton's Lane, two courses as follows: (1) North 37 degrees 02 minutes 10 seconds West 484.19 feet; (2) North 42 degrees 22 minutes 00 seconds West, 801.24 feet to land formerly of Jonathan T. Overton, and now of John Sepenoski; THENCE along said land of Sepenoski, North 44 degrees 01 minute 10 seconds East 415.69 feet to said land formerly of Donahue and now of the Village of Greenport Water Department; THENCE along said land of the Village of Green- port Water Department South 43 degrees 32 minutes 00 seconds East 1186.85 feet to the north- westerly side of Old North Road at the point of BEGINNING. Declarant does hereby warrant, covenant and represent that on approval of the aforesaid described land as a minor subdivision by the Planning Board of the Town of Southold, no further subdivision of any of the lots set forth in said minor subdivision shall be made without prior approval of the Southold Town Planning Board. Declarant does hereby further warrant, covenant and re- present that the aforedescribed land within the minor subdivision cannot be subdivided into more than four (4) building lots unless the further subdivision is approved by the Southold Town Planning Board. Declarant does hereby further warrant, covenant, and , --~--~~~--- / -----~_._._~~-~~~~.~_.- --------- I 10461 rC145 represent that the foregoing restrictions and agreements shall bind the undersigned, their heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of any of the lots shown on the aforedescribed premises in said minor subdivision by i i' transfer or otherwise. , IN WITNESS WHEREOF, the declarant does hereby cause their hands and seals to be affixed this /9/2 day of October, 1987. STATE OF NEW YORK sS.: ] County of Suffolk ,I 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 County (said Court bein~a .C~~r~ ?f ~~~d) DO ~EREBY CERTIFY that I have compared the annexed copy of t:j~C:I' /'. I ~ 3 'A"~- 1''/ITh)t,c-v. Y,19r)~o(;o'll'/'Y'I v.. ~~I /v 7' . -"'~~ h ., I I and and that it is a just and true copy of suc ongma .~" ~ of the whole thereof. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of said . ' f V4-<.J. 191:;> County and Court this 4( day 0/1 ' \f.:v..f.uJJ:L. /).. e..- ~. /of. . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . .. . . . (J' . u;,. 1'1:. ~'~Ierk. Form No. 104 12-109: 1/84 l/.....'--~ --~- JOHN SIANOURAKIS G A'~~ r:L~U7I/r77h4 . RY 6IANOURAKIS G <. 10461 rG146 . . " STATE OF N~~ORK) COUNTY OF~) sS.: I ;j On this /7 day of October, 1987, before me personally came CHRISTOS VERVENIOTIS and CHRISTENA VERVENIOTIS his wife, to me known to be the individuals described in and;?h ecu ed e fore- going instrument, and acknowledged that t y e e te the sarne. V';, ' / /.' !f. ,/ /1 /, ./ )"-, F N t ry Pubic SETlRI SPIRO 30TIRlOU NoM,., Public. State, of __"Cftr No. 30-9111615 Ousri'.ed in Nassa",...coum, '~." ./' CO"",,,,lsslon ExpIres -,:: ."'/ ~ /. -',- ;'''-' I STATE OF ~~. YORK) COUNTY OF(Jl.lj.1iZ' ) 5S. : I II (. /.;.. ,I On this /7 day of October, 1987, III' came JAMES PLEVRITIS and POTA PLEVRITIS, his wi . the individuals described in and who execu !' and acknowledged that they executed the [i I / SEJ1m SPIllO SOTIIltOU Pulllic. Stltte of --t.... NO.30-911161~ r1 Ouali_in~ /'./ Commission Expires - 1) I~" . PI STATE OF ~ORK) COUNTY OF~1^) 58. : I /T. I On this / 9'day of October, 1987, II came JOHN YIANOURAKIS and l-IARY YIANOURAKIS, ,hi be the individuals described in and who e eu ment, and acknowledged that they execute h / ta7Y b' SEllAI SPIRO SOTIRIOU -... Public. Stole of _ 'l'lIfl< No. 30-9111616 Obefihed In N my.,;; , (;emmission Expires . '-....J..I.. / ,. 10461 rG147 - ~ '= >- ~~ - = z D- :z:u..=:: .:r ___oel "'- C> < -- <=> ~: :....- "" N ....- ~I'-l ~::.:-'O ,- ':..);...0... .-, - '-' ::i - <.f) =- ::> ,g -, \~~ '~y RECORD AND RETURN TO: WILLIAM H. PRICE, JR. Attorney at Law 828 FRONT STREET PO BOX E GREENPORT, NEW YORK 11944 II :: I\_A~ 10375 PG124 . . DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 31-51 day of January, 1987, by CHRISTOS VERVENIOTIS and CHRISTENA VERVENIOTIS, his wife, both re- siding at 42-11 l63rd Street, Flushing, New York 11358, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said premises and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held be conveyed subject to the following covenants and restric- lIST lOOO ;EC J54.00 JLOCK J3.00 ,OT 1. DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPART- MENT) for 3 permit to construct, approval of plans or approval of a . subdivision or development on the PREMISES. ," 2/.w( 2. As a condition of approval of the DEPARTMENT of such subdivision or development application, the DECLARANT agrees that there shall be no conveyance of any portion of the property unless public water is extended to said lot or the DEPARTMENT has been I supplied with an irrevocable written contract between the owner of the 10375 PL125 . . public water utility of the public water supply system to be extended to such lot. 3. DECLARANT, their successors and/or assigns shall set forth these covenants, agreements and declarations in any and all 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, their successors and/or assigns to so condition the leases shall not inval- idate 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 regula- tions 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 aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive . . . 10375 rG126 . 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. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, their successors and assigns, and upon all persons or entities claiming under them, and may be ter- minated, 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 they have 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 or 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. 10375 rb127 t STATE OF NEW YORK 55.: C unty of Suffolk f o folk and Clerk of the Supreme Court 0 I JULIETTE A. KINSEllA, Clerk of the c~untYtOf (~~~d Court being a Court of Record) DO , the State of New York in and for said oun :nnexed copy of M2~ CR..() U:thO-n.) HEREBY CERTIFY that I have compare~ ~e . "/()37S pc. /;).-'/ , I &" /!7 @ I;;': h rN {1-- ct-.. '71 and ! C ulcLtcl. 7/s'~t and true copy of such original jd C b-<..lX.. ,~ and that It IS a JU of the whole thereof. . nd and affixed the seal of said IN TESTIMONY WHEREOF, I have hereu~to se~; ~ 19 f7,; /if County and Court this ;)Jf-tA- day 0 r ~ ~~. 4. .~~' . . . . . . . . . . . . . . . . . . . t/: Clerk. ............... . . . . . 12-109: 1/84 Form No. 104 On this ~\~T day of January, 1987, before me personally came CHRISTOS VERVENIOTIS and CHRISTENA VERVENIOTIS, his wife, to me known to be the individuals described in and who, executed the fore- going instrument, and acknowledged that they executed the same. ~~~ ~ Notary Public Wll.LIAM H. 'lICE. JI. NOTAaY PUBlIC. _ '" _ '''''" Mo. .......,44. SuH.1l C.vnty 1.,. bpi,.. ,...'v." 21, 1990 ,. 10375 PG128 . . SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: CHRISTOS VERVENIOTIS and CHRISTENA VERVENIOTIS H.D. REF. NO.: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and des- cribed as follows: BEGINNING at a point in the northeasterly side of Horton Lane, distant 645.43 feet northwesterly from the corner formed by the intersection of the northeasterly side of Horton Lane with the northwesterly side of Old North Road; RUNNING THENCE along the northeasterly side of Horton Lane, North 42 degrees 22 minutes 00 seconds West, 640.00 feet; THENCE North 44 degrees 01 minutes 10 seconds East, 415.69 feet; THENCE South 43 degrees 32 minutes 00 seconds East, 639.31 feet; THENCE South 44 degrees 01 minutes 10 seconds West, 428.75 feet to the northeasterly side of Horton Lane at the point or place of BEGINNING. -"'l(: _l.l ...1: ').>. -- ";" j"'~.~.:: ,-, 7'''\'.-' CL.. en " ~-~ '," ., "'il:> '-~l .' ~ ""-.",--- .-J ::5 :~ -.., ::) ()} 6AIZ/l,;7T A, -57/4-c>e;; Ik""'fr;' F.--J."~K /41':, 0cc/ T/l.:'{. ~ /1./,;7 /('77/ ~"',"""" C\1 o CV . (e (e DECLARATION DECLARATION OF COVENANTS AND RESTRICTIONS made this 31 ~ay of ~4f k , 198J" by CHRISTOS VERVENIOTIS and CHRISTENA VERVENIOTIS, his wife, both resid- ing at 42-11 163rd Street, Flushing, New York 11358; and JAMES PLEVRITIS and POTA PLEVRITIS, his wife, both residing at 147-66 7th Avenue, Whitestone, New York 11357; and JOHN YIANOURAKIS and t1ARY YIANOURAKIS, his wife, both residing at 25-38 43rd Street, Astoria, New York 11103, hereinafter called the "OWNER" WHEREAS, the "OWNER" has title to certain land situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more particularly described; and WHEREAS, it is the "OvINER'" s intention that the aforesaid I ;1 ti " :1 I lands be subdivided into a minor subdivision consisting of not more than four (4) residential lots; q II 'I Ii NOW, THEREFORE, the following described land shall be restricted as hereinafter set forth: ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Old North Road at the intersection of the easterly corner of the premises herein described and the southerly corner of land formerly of Donahue and now of the Village of Greenport Water Department; RUNNING THENCE along said northwesterly side of Old North Road, South 33 degrees 23 minutes 00 seconds West 499.39 feet to the point formed by the inter- section of the northwesterly side of Old North Road with the northeasterly side of Horton's Lane :: (e (e . " . , . THENCE along said northeasterly side of Horton's Lane, two courses as follows: (1) North 37 degrees 02 minutes 10 seconds West, 484.19 feet; and (2) North 42 degrees 22 minutes 00 seconds West, 801.24 feet to land formerly of Jonathan T. Overton, and now of John Sepenoski; THENCE along said land of Sepenoski, North 44 degrees 01 minute 10 seconds East 415.69 feet to said land formerly of Donahue and now of the Village of Green- port Water Department; THENCE along said land of the Village of Greenport Water Department South 43 degrees 32 minutes 00 seconds East 1186.85 feet to the northwesterly side of Old North Road at the point of BEGINNING. Declarant does hereby warrant, covenant and represent that on approval of the aforesaid described land as a minor subdivision by the Planning Board of the Town of Southold, no further application will be made to the Board or to any other Board in the Town of Southold to further subdivide any of the lots set forth in said minor subdivision into additional building lots. Declarant does hereby further warrant, covenant, and repre- sent that the aforedescribed land within the minor subdivision cannot be subdivided into more than four (4) building lots. Declarant does hereby further warrant, covenant and repre- sent that the foregoing restrictions and agreements shall bind the undersigned, their heirs, successors and assigns, and any and all I' ,I person or persons who shall succeed to the ownership of any of the Ii , " lots shown on the aforedescribed premises in said minor subdivision by I 'I II transfer or otherwise. IN WITNESS WHEREOF, the declarant does ::::Lereb cause his '!: A !,I/day of ';e' , 198:1.. hand and seal to be affixed this Ie .f;; ,: lM ;l//,'r{~ c . 0';~~ /~JY7{ ~ f ~ (, ,d'-t~i "I!U k-tj? . . tl-klna '. (e (. 1 ;i " II I II I STATE OF N~~ORK) COUNTY OF [Utl""--) s S. : f)) L On the )/ day of (~vf. , 198.37 before me person- ally came CHRISTOS VERVENIOTIS and CHRISTENA VERVENIOT , his wife, to me known to be the individuals described in and w , exuted the foregoing instrument, and acknowledged tha they e cuted the e. , srnr.1 SPIRO SOTIRIOU Notary Public. State of New York No. 30-9111615 Qua:ified in Nassau County -.f'~ CommissIon Expires March 30. 1 W;- STATE OF N~.~Q~K) COUNTY OF ~) s;; ';). d. j1 On the J I J day of ! ~ , 19~ before me person- ally came JAMES PLEVRITIS and POTA PLEVRITIS, his wife to m .%nown to be the individuals described in and instrument, and acknowledged that they SEll. I SPIRO SOTIRIOU Notary Public. State of New York No.30.9111615 Qua:ified in N8SS,3U County Commission Expires March 30. 190/ STATE OF N~.XQRK) COUNTY OF~) ss.: ~ On the 3/ day of "/1", /IUM , 19B.},. before me person- ally came JOHN YIANOURAKIS an~'~IANOURAKIS, his wif " toe known to be the individuals described in and w 0 exec ed t f re- going instrument, and acknowledged that t y ecut the a~e