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Home My WebLink About1000-59.-3-16.4 r '10906P.S . STATE OF FLORIDA) COUNTY OF DADE ) ss. : On the ,1b dayof3"IY ,1989beforemepersonally came C.J. PATRICK HIBSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. \:~~4""-No\.~;~-):ttl t-. - NOTARY PllBLtC STAfE or FLonrnA MY LOHMfSSION EXP, fER. l,lQ92 fl(Hwro THPl/ r,Ulrr'At INS. UNO. RECORD AND RETURN TO: ROBERT C. RAPP, ESQ. 112 Maple Place Port Jefferson, NY 11777 ,. . IG906PL039 . SCHEDULE A \ ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, i~ the Town of Southold, Suffolk County, New York, bounded on the south by land now or formerly of Papadopoulos and others, about 1178 feet; westerly by Kenney's Road, about 249 feet; then northerly by Wheeler by 400 feet; then again westerly by Wheeler and others, about 371 feet; then northerly by Wheeler about 190.93 feet; then westerly by Wheeler about 105 feet; then north by Chestnut Road 100 feet; then east by Lorraine Conway, about 202 feet; then north by Lorraine Conway 150 feet; then north by C.J. Park 152 feet, more or less, then west by CJ.J. Park 79.39 feet more or less; then north by Ostroski 103 feet, more or less; then west by Ostrosky 96 feet, more or less; then east by Hayes, 93 feet, more or less; then north by Hayes, 10 feet, more or less; then east by lands of Hayes and others, about 613 feet, more or less, and being designated on the Suffolk County Tax Map as No. 1000-59-3-16.1. RECORD AND RETURN TO: ROBERT C. RAPP, ESQ. 112 Maple Place Port Jefferson, NY 11777 1('\( I;, 1\' \\\~ ,......' .\." n~. 'f\~ G"l \ ~ \1111 2(),) u<[ .-1 .'~"'\(~ \\\ , . " ~ \. , - ~ DISTRICT 1000 SECTION 059.00 BLOCK 03.00 LOT 016.001 \\\\-Q \'\, '\\U., -' J: ~~ '\4';~" ,1,,':!'/~.~ ,,",. '.' 't ~'~.""I ~.~. '~.'.. 'bfI""'- .. .:."" , ~ ''..1-:-' '"',,,'..-..{",,". ."t~f {.... I 'J '0 ro ~ --- 'I:.> (/ ~ -,~\ '" \. , ( :\ \. '. 10465 rf,~. " ) (-......, , (;h{. . 0)(1 r, ) ~'lf u ,;I 5 :; - 5 I DECLARATIONS OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this /~ day OfO~1987, by ROBERT C. RAPP, WILLIAM E. RAPP and C.J. PATRICK HIBSON, d/b/a RHR REALTY CO., a New York partnership, having its principal place of business at 112 Maple Place, Port Jefferson, New York, 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 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 re- ferred to as the DEPARTMENT) for a permit to construct, approval of plans or approval of subdivision or development on the PREMISES. 2. WHEREAS, the test wells sampled for the PREMISES indicated a ground water supply that had contamination in excess of the minimum drinking water standard and/or guidlines of the State of New York and contained excess of the following: nitrates WHEREAS, t_he County of Suffolk Department of Health Services has agreed to issue a permit only if there be a record covenant that the necessary water conditioning 104__ rC259 . equipment be installed so as to meet the quality standards for drinking water; it is DECLARED and COVENANTED by DECLARANTS, their heirs or successors and assigns forever, that no residence upon the above described property will be occupied prior to the installation of the necessary water conditioning equip- ment so that the water, when conditioned, meets the said minimum quality standards for drinking water of the State of New York and evidence of the same is furnished to the Suffolk County Department of Health Services for their written approval. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarants 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, its successors and/or assigns to so condition the leases shall not invalidate their auto- matic 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 regulation may thereafter be revised, amended, or promulgated. ~465 rl~260 . 5. This document is made subject to the provision of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. 6. This 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. 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 un- consitiutional, 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. 1'465 rC261 . 9. Local Law #32-1980 - THE DECLARANT represents and warrants that it 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 or intent of securing favorable treatment with respect to the performance of any agreement, and that such person had read and is familiar with the provisions of Local Law #32-1980. ~~h J/~,,~' ~ ~ ~ILLry ;:A~_/~. ~. . d';-~'/ ./'---- PATRICK HIBSON .J465 Pl;2fi2 . STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the JfiIA- c,~ day of "'Jr~t 1987, before me personally carne ROBERT C. RAPP and WILLIAM E. RAPP, to me known to be the individuals described in and who executed the foregoing in- strument, and acknowledged that they executed the same. STATE OF FLORIDA) COUNTY OF D /J ?) cC:- .~R8~RA N NorA.Y ~IIII1C },fe< 6RAOF o. OLM,A .'0 I ~'t;:f9 Qf New y. COft1ffti.i;/tM I ~'12. l')IJ"ollt c Qi'f An,(~~ ...... , ' PI"',y 'n..~~ ss. : On the 31., t-- day of August 1987, before me personally carne C.J. Patrick Hibson, to me known to be the individual described in and who executed the foregoing instruemnt and acknowledged that he executed the same. ~~+-~ "\otary Public .-~ 0-.. \, c~ l..-'-.L.:.. ""'/ . 1. ", 10.5 f'l,263 . SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT__RO~ERT.C. RAgP1-WI~~IAM E. RAPP, and C.J. PATRICK HIBSON, d/b/a.RHR REALTY CO. H.D; REF. NO. OR NAME OF SUBDIVISION 1014A RHR REALTY CO. ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, Suffolk County, New York, bounded on the South by land now or formerly of Papadopoulos and others, about 1178 feet; Westerly by Kenney's Road, about 249 feet; then Northerly by Wheeler, about 400 feet; then again westerly by Wheeler and others, about 371 feet; then northerly by Wheeler about 190.93 feet; then Westerly by Wheeler about 105 feet; then North by Chestnut Road 100 feet; then East by Lorraine Conway, about 202 feet; then North by Lorraine Conway 150 feet; then North by C.J. Park 152 feet, more or less; then West by C.J. Park 79.39 feet more or less; then North by Ostroski 103 feet, more or less; then West by Ostroski 96 feet, more or less; then North by Chestnut Road 50 feet, more or less; then East by Hayes, 93 feet, more or less; then North by Hayes, 10 feet, more or less; then East by lands of Hayes and others, about 613 feet, said premises containing by estimation 12.63 acres, more or less, and being designated on the Suffolk County Tax Map as No. 1000-59-3-4-1. RECORD AND RETURN TO: ROBERT C. RAPP, ESQ. 112 Maple Place Port Jefferson, NY 11777 Lv;j"-lYl ' o ro '-- '-- '-- ~\"" " '- \~ 1i46~ 1'\.26i1 . SCHEDULE B CONSENT OF MORTGAGEE/LIENOR DECLARANT _.~013_E~,!,_<::, .gAPP ,__}'IIr,r..Ii\t-\.E" __Ri\!'!',--ilnd C.,iG----.!' ATRI CK HIBSON, d/b/ a J~HREl?ALTy'CO. H.D. REF. NO. OR NAME OF SUBDIVISION l014A RHR REALTY CO. In the matter of the application of ROBERT C. RAPP, WILLIAM E. RAPP, and C.J. PATRICK HIBSON, d/b/a RHR REALTY CO., the undersigned, as holder of a mortgage or lien on premises described in Schedule "A" annexed thereto, hereby consents to covenants and restrictions on said premises and hereby sub- ordinates its mortgage or lien on the premises described in said Schedule "A". ) Ii I. ~.2e.~"f 9, _3L J?, ~>- - ~d-j HELEN M. CONWAY ) F- i"ID f.(j~)H1 {?APP, s6 Ii,] (\\uplf' pL h,-\-- --r.(..- ~'!Q rSof\. NY I 11'17 1'U"5 1'[,2G5 . STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the R) ,'J5 day of -1?~(.P z.- 1987, before me personally came HELEN M. CONWAY, to me known to be the individual described in and who executed the foregoing in- strument and acknowledged that she executed the same. ~1<w,,'/;, k~ Notary Public ;Y' )()') _f'_ U II!NSSElAEIl G. TalRY. JII. NOTARV PI'P' 'c. ,'.1, of New Yorl No. 52.3954850 ~",io:i": 10 Suffolk CotIIlr Caao' ~ 'm Expires ~J ';3 7 ';..2\)1\. RECORD & RETURN TO: ROBERT C. RAPP, ESQ. 112 Maple Place Port Jefferson, NY 11777 ~1(l.:l~~~ .30 ~.LNnoO ..". .' ~.J 1r, . ,1:1 ';/". .: I '11' 'J, In" Le. WV zo 1/ 6 AON G3Q1:I003U 'I.- I '1. (;;".,:~., ;'!l\'~.' ) ~r~" .~.:/ 1l.JG~8 DISTRICT. 1000 SECTION 059.00 BLOCK 03.00 LOT 016.001 ~ ~) \ '~" '" ,j (\..) , 1090&W36. . Q~,~L.{\'JY\'I'I.ON_Q!: COVEtiANT~ THIS DECLARA~ION, made and dated the ,)4#1 day of ~ t<.C'1 pKTRICK , 1989 by ROBERT C. RAPP, WILLIAM E. RAPP and C.J. HIBSON, d/b/a RHR REALTY CO., a New York partnership, with its principal place of business located at 112 Maple Place, Port Jefferson, New York, hereinafter referred to as the "Declarant." WIT N E SSE T H WHEREAS, the Declarant is the owner in fee simple of the real property described in Schedule A, annexed hereto and made a part hereof; and WHEREAS, an application for approval of the subdivision known as "Minor Subdivision of RHR Realty Co.", described in Schedule A has been filed with the Planning Board of the Town of Southold; and WHEREAS, the Planning Board of the Town of Southold has determined that such subdivision would be granted, provided the applicant covenants to use its property in conformance with the zoning ordinances of the Town of Southold and further covenants that there shall be no further subdivision of lots; and that a 75' conservation easement be placed on Lot #4 as shown on said map; and WHEREAS, the Declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants upon said property. NOW, THEREFORE, in consideration of the premises, the . 11 'I Ii II I: I' I I I! 1" J:::::a::::e::c::r::e t:::l:::n:i::::n::::~ibed I! I' i: lu906H.7 i: I: II !: 2 . I' iI jl 3 . I' I d 4 . !, , , . real property is 1. That the subject premises shall be used in conformance with the zoning ordinances of the Town of Southold. There shall be no further subdivision of lots. No structures, disturbance or excavation shall occur within the 75' conservation easement along the edge of the wetland located on Lot #4 on said map, as depicted on said map. There shall be no cesspools or other pollution rendering equipment and installations placed within a two hundred (200) foot radius of the well located on the southerly portion of Lot #2 on said map. Said covenants shall run with the land and shall be binding on the heirs, successors and assigns of the Declarant, subject to the right of the Town of Southold to amend, modify or repeal said covenants at any time with the permission of the owner of said property. /' \/ -.----- c;;- STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: 14h 11 l On the ,:(.< day of YLl ~I , 1989 before me personally came ROBERT C. RAPP ~nd WILLIAM E. RAPP, to me known to be the individualS described in and who executed the foregoing instrument, and acknowledged that they executed the same. J)J~l ^'~) LR~ uliu=-- /Notary P~lic -L tat~ of New York ~:" I'" '.- " Mac GR.'\DY NOT.\~ ( P!..,'r.Uc, Stote of New Yorl: Nt). 0' - ~\ ~ '" 7 0 18 22, Suffolk County _ CommIssIon f-'\pjre. ~."o.I9 o/~/~'i