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Home My WebLink About1000-68.-4-2 _.._-~-.....,-'..~ .\ . " f\ . . " i .1 , , AUG - 7 1989 "'f . .eo c<> 0> - ~ \.,- ~"-,:,,,-i, /;',:./-'; \1 t:rJ r: .) DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this /...{flJ day of F~6V't/<i!I-I, 1988, ~ <: .~ ;~~~~r>VbY Robert Johnsen and Beverly Johnsen, his wife, both residing at 4300 Soundview Avenue, Southold, New York, hereinafter 1000 06800 0400 003000 002000 r~ferred to as the Declarant, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the Premises) desire 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 hold 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 referred to as the. Department) for a permit to construct, approval of plans or approval of a subdivision or development on the Premises 2. As a condition for approval of the Department for said subdivision or development application, the Declarant agrees the leaching pools for the sewerage disposal systems must be installed prl~r to the issuance of a permit to construct by the Suffolk County Health Department. 3. The Declarant, its 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, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shali be construed to be in addition to and not in derogation or limitation upon any provisions of local, state and tederal laws, ordinances and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances and/or regulations 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 or any agency designated -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 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, 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, " -- .. t; . , , c . ~ . SCHEDULE B DECLARANT AOhQ ~ i JdJI1Sc.,! HD REF.# In the Matter of the Application of f.K" b-o y t 50/; 11 S 'Qj7 L#01673 Intro. Res. No. 2124-80 Introduced by the Presiding Officer, Legislatore O'Neill,' Petrizzo, Grant, Rosso, Halpin; Devine, Blass, Foley and Prospect at request of the County Executive RESOLUTION NO. 1118-1980, ADOPTING LOCAL LAW NO. 32 YEAR 1980, A LOCAL LAW CONCERNING THE OFFERING, GIVING OR RECEIVING OF A GRATUITY TO OR BY AN OFFICIAL OF A POLITICAL PARTY. WHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on December 9, 1908, a proposed local law entitled "A LOCAL LAW CONCERNING THE OFFERING, GIVING OR RECEIVING OF A GRATUITY TO OR BY AN OFFICIAL OF A POLITICAL PARTY," and said local law in final form is the same as when presented and introduced; now, therefore, be it RESOLVED, that said local law be enacted in form as follows: LOCAL LAW NO. 32 YEAR 1980, SUFFOLK COUNTY NEW YORK LOCAL LAW CONCERNING THE OFFERING, GIVING OR RECEIVING OF A GRATUITY TO OR BY AN OFFICAL OF A POLITICAL PARTY. BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK AS FOLLOWS: Section 1. Definitions. (a) As used herein, the word "agreement" means any written or oral contract, or any implied contract, including, but not limited to, a contract for the sale of goods or services, a construction contract or a lease or ' contract relating to real or personal property. The term "agreement" shall also include any transaction whereby a person agrees to sell goods or services or both to the County pursuant to a successful bid. (b) As used herein, the word "gratuity" means any money, benefit, entertainment, gift, or any other consideration whatsoever. (c) As used herein, the phrase "official of a political party" shall mean a party officer as defined by Section 1-104(5) of the Election Law. (d) As used herein, the work "persoO:" means any individual, partnership, firm, corporation, or other legal entity, as well as their rmployees, agents or representatives. (e) As used herein, the phrase "political party" shall mean a party as defined by Section 1-104(3) of the Election Law. . ) . . . . PROCEEDINGS OF THE LEGISLATURE - Dec. 9 Section 2. Prohibitions. (a) It shall be a crime for any person to offer or give any gratuity to an official of any political party, with the purpose or intent of securing or obtaining an agreement with the r.ounty of Suffolk, securing favorable treatment with respect to the awarding or amonding of such agreement, or the making of any determination with respect to the performance of an agreement. I (b) It shall be a crime for an official of a political party to solicit, receive or accept a gratuity in connection with securing or obtaining an agreement with the County of Suffolk, securing faborable treatment with respect .to the awarding or amending of such agreement, or the making of a determination with respect to the performance of such agreement. Section 3. Mandatory Contract Clause. In all agreements with the County of Suffolk, made after the effective date of this Law, there shall be a written . representation by the person entering the agreement with the County that he 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 an agreement or securing favorable treatment with respect to the awarding or amending of an agreement, or the making of any determinations with respect to the performance of an agreement, and that such per~on has read and is faliliar with the provisions of this Local Law. Section 4. Penalties. (a) Criminal. A violation of Section 2 of this Local Law shall be a ClaSB A Misdemeanor and shall be punishable by a sentence of not more than one (1) year in prison or a fine of not more than one thousand dollars, or by both such fine and imprisonment. (b) Civil Remedies. A violation of Section 2 or 3 of this Local Law shall give the County the option, among other civil remedies, of either terminating the agreement or deducting the value of the gratuity from any amount due or to become due from the County thereunder. Section 5. Exceptions. This Local Law shall not apply to contributions to political parties, committees or candidates as defined by Section 14-100(19) of the Election Law. Such contributions shall be excluded from and shall not be , in violation of this Local Law. Section 6. 'Separability. unconstitutional'by any Court, constitutionality of any other If any part of this Local Law shall be declared such declaration shall not affect the part. Section 7. This Law shall take effect immediately. DATED: December 9,' 1980 APPROVED BY: /s/ Peter F. Cohalan County Executive of Suffolk County . , - ~ . 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 he 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 an agreement, and that such person has read and is familiar with the pr visions of Local Law #32-1980, annexed hereto. / J']~l Jr- B VERLY ~O EN R STATE OF NEW YORK: COUNTY OF SUFFOLK On the V(fI1 day of peP; ,-u_ "-1 , 1988, before me personally came Robert Johnsen and Beverly Johnsen to me known to be the individualS described in and who" executed the foregoing instrument, and acknowledged that they executed the same. C!' CCC0~ ~ &yO! C<<C Notary Pu ic CAROL GUYTON NOrAIlY PUBUC, s_ of "- Vool No. 52-4812&88. ~~{/ Commlaalon E>p/r.. > "_ . SGh~d u/-e Ii- I: q 'I 'I I I ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of , Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the southerly side of Sound View Avenue at the northwest corner of the land about to be described and at the northeast corner of the land now or formerly of Alfred and Ina Hull; I I I ,I running thence along the southerly Ride of Sound Vie\~ Avenue North 81 degrees 22 minutes 30 seconds East, 284.15 feet to a monument; " running thence northeasterly still along the southerly side of Sound View Avenue, and along an arc of a curve wi,th a radius of 666.83 foet, a distance of 5.55 feet; running thence South 45 degrees 45 minutes 00 seconds East, 372.53 feet; running thence Nort~ 67 degrees 43 minutes 30 seconds Ea~t, 222.26 feet to the land now or formerly of Madeline Bittner; I . i I i , I i running thence along said l~nd, South 46 degrees 25 minutes 20 seconds East, 201.91 feet; running thence South 44 degrees 45 minutes 20 seconds East, 50.00 feet; running thence along the land now or formerly of Stanley Sepenoski and others, South 45 degrees 15 minutes 40 seconds West, 216.04 feet to a monument; running thence South 45 degrees 18 minutes 34 seconds West, 215.95 feet to a monument; running thence along the lands now or formerly of John F. Dereeder and Alfred and Ina Hull, North 45 degrees 45 minutes 00 seconds West, 876.66 feet to the southerly side of Sound View Avenue and the point or place of BEGINNING. , .. 46 . . DECLARATION OF COVENANTS AND RESTRICTIONS by' Robert and Beverly Johnsen re Suffolk County Dept. of Health Services dated: Feb. 4, 1988 RECORD & return to: .CARDINALE & eliBtgl~! MAIN ROAD, P. O. BOX W Jamesport, New York 11947 . ,. , ,,10331'.'; ~ \.,;".~v';\i)\'j )\-\\1~ , ... 1\.\. ,/\\1S';\'A .. ~ \l~\\ o lid ~~ ~ '(lOll' f (l1G\\O'J-;~ a01JJO ~U1P~ooaH JO asn ~OJ aoads aA~asaH