HomeMy WebLinkAbout1000-70.-3-22
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DECLARATION
MADE this 17th day of November, 2000, by PECONIC DEVELOPMENT CORP., a New York
corporation with offices at C/O Derrick Doubrava, 495 Farmveu Road, Mattituck, NY 11952 hereinafter
called the Declarant;
WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situated in the
Town of Southold, County of Suffolk and State of New York, being premises described in deed dated July
29,1994 made by MARY NEESE, as surviving Executrix of the Last Will and Testament of MARY
GRlGONIS to PECONIC DEVELOPMENT CORP., recorded in the Suffolk County Clerk's Office on
August 9, 1994 in Liber 11688 at Page 914, metes and bound descriptions of which is shown on Schedule
A as attached hereto and made a part hereof, and referred to as the "Premises".
WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires
to subject said premises to certain conditions, covenants and restrictions.
NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every
portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions
hereinafter set form, and that every purchaser of said premises of any portion thereof, be the acceptance of
a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants,
conditions, and restrictions hereinafter set forth.
ARTICLE I - DEFINITIONS
1. The words "Subdivision", "Subdivision Map" or "Map" when used herein is intended to
mean the subdivision map of the premises entitled "SUBDMSION MAP OF PECONIC
DEVELOPMENT CORP . AT SOUTHOLD, Town of Southold, Suffolk County, New
York" heretofore approved or about to be approved by the Southold Town Planning
Board, and filed or about to be filed in the Suffolk County Clerk's Office.
2. The words "lot" or "lots" when used herein mean the separate numbered parcels ofland
as shown on the subdivision map.
1 ~_~ wnr~_uClwner" ",hen w::ednherein me~._~dividual~QJP()rati()n QI:.PartIlershio
owniiig all ora pomon oftliepreIiiises shoWn on the subdivision map.
ARTICLE II:
The following Covenants and Restrictions applying to the construction, maintenance and future
care of the property are hereby imposed upon each lot conveyed by the developer.
I. No building of the type commonly referred to as "mobile" of "modular" shall be installed on
any 101.
2. The use of each lot shall be limited to one single-family dwelling with auxiliary buildings as
may be approved by the Town of Southold.
3. The street trees as shown on the subdivision map, shall be maintained by the individual lot
owners,
4. Access to lot 13 as shown on the subdivision map, shall have access from Wells Avenue only.
5. The Suffolk County Department of Health Services Review Board granted approval to the
request for a variance tn allow the installation of private wells until public water is available,
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subject to several conditions. A Declaration of Covenants and Restrictions was filed in Liber
12029 Page 975 in accordance with the Board of Review conditions. The conditions read as
follows:
A. There shall be no conveyance of any lot unless dry public water mains are extended thereto in
accordance with the approved plans of maps on file with the Health Department. This shall
not prevent a conveyance of the entire subdivision subject to the covenant.
B. There shall be no conveyance of a lot unless the Declarant pay all the "up-front" costs
required by the Suffolk County Water Authority (or any public water provider) for each home
to be connected to public water. This shall not prevent a conveyance of the entire subdivision
subject to this covenant.
C. A test well shall be installed on each lot.
D. For residential construction permit to be granted, the analytical results of the raw water from
the test well sampled by the Health Department for that lot shall comply with the New York
State Drinking Water Standards, including a maximum nitrogen concentration of 10 mgI1.
E. All lots shall be connected to public water within 90 days of written notice from the water
purveyor that all lots within said subdivision can be served with public water.
6. Lots numbered 1, 3, 5 and 8 contained a drainage easement as shown on the fmal subdivision
plan.
ARTICLE III:
1. These covenants and restrictions can be modified only at the request of the then owner of the
premises with the approval of the majority plus one of the Planning Board of the Town of
Southold after a public hearing. The adjoining property owners shall be entitled to notice of a
public hearing for such changes, but their consent to such modification shall not be required.
IN WITNESS WHEREOF the Declarant have duly executed the Declaration on the day and year
first above written.
.CC"-!'ECONIC-'t)EVEIc0PMENf"OORP:- .
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subject to several conditions. A Declaration of Covenants and Restrictions was filed in Liber
12029 Page 975 in accordance with the Board of Review conditions. The conditions read as
follows:
A. There shall be no conveyance of any lot unless dry public water mains are extended thereto in
accordance with the approved plans of maps on file with the Health Department. This shall
not prevent a conveyance of the entire subdivision subject to the covenant.
B. There shall be no conveyance of a lot unless the Declarant pay all the "up-front" costs
required by the Suffolk County Water Authority (or any public water provider) for each home
to be connected to public water. This shall not prevent a conveyance of the entire subdivision
subject to this covenant.
C. A test well shall be installed on each lot.
D. For residential construction permit to be granted, the analytical results of the raw water from
the test well sampled by the Health Department for that lot shall comply with the New York
State Drinking Water Standards, including a maximum nitrogen concentration of 10 mgll.
E. All lots shall be connected to public water within 90 days of written notice from the water
purveyor that all lots within said subdivision can be served with public water.
6. Lots numbered I, 3, 5 and 8 contained a drainage easement as shown on the fmal subdivision
plan.
ARTICLE Ill:
1. These covenants and restrictions can be modified only at the request of the then owner of the
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STAtE OF NEW YORK
COl~NTY OF SUFFOLK
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I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COUR'
~ccc6HI.IC$A"J:C-01"" NCW-'tOOK IN-AND-ronSAID-OOUNUtSAID CouaTBElN6*e0l:JR-T--eFHEC~
DO HEREBY CERT$& THAT I HAVE COM''hED THE ANNEXED COpy OF ,>.
DEED UBER J CJ rg S AT PAGE .3 RECORDED ' 7; / J "7/ blO "
AND THAT IT IS A JUST AND TRUE COpy OF SUCH ORIGINAL DE~D OF THE WHOU
THEREOF.
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IN };rESTIMONY WHEREOF, I HAVE HEREUNTO SE;T MY HAND AND AFFIXED THE SEAL OF SAI[
CCJUNTY AND COURT THIS /7 DAY OF Y} crV c?Ct?& . ~.
" ~t 'dW4t,.t.J
CLERK
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SCHEDULE A
DESCRIPTION OF PROPERTY
DECLARANT:
PECONIC DEVELOPMENT CORP.
RD. REF. NO.:
SI0-97-0004
All that certain plot, piece or parcel of land, situate, lying and being at Southold, Town
Southold, county of Suffolk, state of New York, bounded and described as follows:
BEGINNING at a point on the Easterly side ofOaJdawn Avenue distant 125 feet
southerly, when measured along the Easterly side of Oaklawn A venue from the comer
formed by the intersection of the Easterly side ofOaJdawn Avenue and the Southerly side
of J ernick Lane; said point of BEGINNING also being the point of intersection of the
Easterly side of Oak lawn Avenue and the Southerly line of Lot 22 on "Map of Harvest
Homes Estates, Section I" filed in the Suffolk County Clerk's Office as Map #5337;
RUNNING THENCE North 66 degrees 36 minutes 10 seconds East along the Southerly
line of Lots 22 and 23 on said map, 333.28 feet to the Easterly line of Lot 23 on said map;
THENCE North 23 degrees 23 minutes 50 seconds West along the Easterly line of Lot 23
on said map, 127.83 feet to the Southerly side of Jernick Lane;
THENCE North 65 degrees 18 minutes East along the Southerly side of Jernick Lane,
50.01 feetlo the Westerly line of Lot 24 on said map;
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TH~ESollth na:egrees23 mirii1tes 50 seconds East along the Westerly side of Lot
24 on said map, 170 feet to the Southerly line of said Lot 24;
THENCE North 66 degrees 36 minutes 10 seconds East along the Southerly line of Lois
24 and 25 on said map, 243 feet to Town of South old Recharge Basin;
THENCE North 87 degrees 47 minutes East along Town of South old Recharge Basin,
129.31 feet to the Westerly side of Wells Avenue;
THENCE Southeasterly along the Westerly and Southwesterly side of Wells Avenue, the
following 2 courses and distances:
1) On the arc of a curve bearing left having a radius of 189.38 feet, a distance of
224.40 feel;
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2) South 56 degrees 52 minutes 40 seconds East, 324.26 feet to land now or formerly
of James H. Rich, Jr.;
THENCE Southerly and Westerly along said land now or formerly of Wells Estate, the
following 2 courses and distances:
1) South 19 degrees 55 minutes 45 seconds East, 314.71 feet;
2) South 70 degrees 44 minutes 19 seconds West, 354.17 feet to a point on the
Northerly side of Wells Avenue;
THENCE Westerly along the Northerly side of Wells Avenue, the following 2 courses
and distances:
I) South 81 degrees40minutesWest,171.72feet;
2) South 73 degrees 20 minutes West, 238.59 feet to land now or formerly of Alice
C. Leslie;
THENCE Northerly and Westerly along said land now or formerly of Alice C. Leslie, the
following 2 courses and distances:
I) North 23 degrees 23 minutes 50 seconds West, 100 feet; "
2) South 73 degrees 20 minutes West, ISO feet to !he Easterly side of Oak lawn
Avenue; and,
THENCE North 23 degrees 23 minutes SO seconds West along the Easterly side of
Oaklawn Avenue, 668.12 feet to the point or place of BEGINNING.
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12085PG263
UNIFORlvI FORNI CERTIFICATE OF ACK1~OWLEDGMENT
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State of New York )
ss.:
County of Svtr./t-c ) ,,'
day of ;VJv'~ in the year -ZV"D , before me, the undersigned
[)e(,.-^'~~ ft. DlJubriAv"'-
, personally known to me or proved to me on the basis
of satisfactory evidence to be the individual(.it whose name(-6l) is/dt:: subscribed to the
within instrument and acknowledged to me that l#she~ executed the same in
lil:1/her/~ capacity({b), and that by,;hU/her/~ signature(~ on the instrument, the
individual~), or the person upon behaif of which the individual\?) aCted, executed the
instrument.
On the /'1
personally appeared
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Notary Public
William B. Boulier
Notary Public, c~:'.~c c!' N.Y.
No. c~:s.:.:_:::~:
Qualifid i.n :>.:...';:::: ':~:':2J.~.
Commissian E.:!pir""iJ Maj 6, ~"Z--
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