HomeMy WebLinkAbout1000-73.-4-2We are eager to receive your answers to the questions so that we might resolve this problem.
It would be our pleasure to meet with you regarding this matter.
Sincerely, i1,~ /
Peter and Mildred Aebisher ~
Enclosed please find the following 10 documents:
-Subdivision Approved Map
-Subdivision Covenants (Original from subdivision, and 2 subsequent Revisions)
-Electrical Easement
-Ross's Deed
-Rider of Contract to Sale (Nfork Bank & Aebisher)
-Letter from Neufeld & O'Leary to Wickham
-Stanzione's Deed (Lot #3)
- Mosca's Deed CLot
-Survey of Lot #2 (Aebisher)
-Letter to T. Fisher, Dir. Southold Bldg. Dept.
Our mailing address is as follows: Mr. & Mrs. P. Aebisher, 15 Old Northport Road, Hunt.
N.Y. 11743. Home Phone-421-0742
DECLARATION OF COVENANTS
AND RESTRICTIONS
Declaration made.as of this ~day of ~W~-- , 1984 by
Richard and Sophia Greenfield, residing at Sound View Avenue,
Southold, N.Y. 11971, hereinafter referred to as Decla.~ant.
Whereas the Declarant is the owner in fee simple of a certain
parcel of land situate at Peconic, Town of Southold, Suffolk
County, New York, and designated en the Suffolk County Tax Map as
District 1000 Section 073 Block 4 and Lot 2 containing approxi-
mately 9.46 acres, to be known and designated as Lots 1 through 4
in the minor subdivision to be knewn as "Cabot's woods", being
the same premises acquired by the declarant by deed dated October
25, 1984, and
Whereas the Declarant intends said premises for residential
purposes and desires to preserve the scenic beauty of the area,
provide sanctuary for wildlife, and protect natural vegetation to
provide for future enjoyment; and to insure that all construction
in the community is harmoniously designed and planned and values
enhanced;
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 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
subject to the covenants, conditions, and restrictions herein-
after set forth.
1. No sanitary disposal facility shall be installed or construc-
ted within 190 feet of the top edge of the bluff.
2. No residential structure shall be constructed within 100 feet
of the top edge of the bluff.
3. The approval of the subdivision shall be made subject to the
meeting of all standards and requirements of the Suffolk County
Department of Health Services.
4. No stormwater runoff resulting from the development and
improvement of the lots or the subdivision' shall be discharged
down the face of the bluff in any manner.
5. No grading shall be permitted within 50 feet of the top edge
of the bluff except that which may be necessary to control or
remedy erosion or to prevent stormwater from flowing over the
edge of the bluff.
6. Clearing and cutting of vegetation within 50 feet of the top
edge of the bluff shall be limited to that necessary for
maintenance and access to the beach.
7. Access to the beach shall be by means of a structure designed
and constructed in a manner that will result in the least
disturbance of the stability of the bluff.
8. No lot may be further subdivided in perpetuity.
9. Access to any of Cabot's Woods beach area of 302.47 feet shall
be strictly limited to owners and guests of the four designated
lots and cannot be assigned or transferred to any other property
or properties or individuals.
10. Any residential building shall contain a minimum of 1400
square feet of floor area exclusive ofgarages, carports, open
breezeways, patios, terraces and basements, with at least one
story containing a minimum of 1000 square feet.
11. NO building, fence, wall or other structure, or change in
landscaping shall be commenced, erected or maintained upon any
lots, nor shall any exterior addition to or change or alteration
of any thereof be made until plans and specifications showing the
proposed improvement, including the height and location thereof
and the materials and colors to be used, shall have been submit-
ted to and approved in writing as to harmony of external design
and location in relation to surrounding structures and topography
by the Declarant, its successors or assigns. In the event said
Declarant, successors or assigns fails to approve or disapprove
the same within thirty (30) days after said plans and specifi-
cations have been submitted to it, approval will not be required
and this Article will be deemed to have been fully complied with.
12..No trees shall be removed from the 10 foot walking right-of-
way, as shown on the subdivision map, without the prior written
approval of the Declarant, its successors, or assigns.
13. Use of the 10 foot walking right-of,way and of the beach
easement in favor of lots 3 & 4 by the owners thereof or their
guests shall be at.their own risk, and the owner of lot 2 shall
in no way be responsible for maintaining same or for injury to
said owners or their guests.
14. The maintenance of the right-of-way over land now or formal-
ly of Minakyan, providing access to all 4 lots from County Road
48 shall be borne equally by the owners of all 4 lots, and said
right-of-way shall be maintained in such condition as would
satisfy the 1971 requirements of the Southold Town Building
Department.
15. The maintenance of the 25 foot right-of-way connecting all 4.~
parcels to the right-of-way over land of Minakyan shall be borne
equally by the owners of all 4 lots, and said right-of-way shall
be maintained in such condition as would satisfy the 1984
requirements of the Southold Town Building Department.
16. The maintenance of the 10 foot right-of-way traversing lot 2
shall be borne equally by the owners of lots 2, 3 and 4, and said
right-of-way shall be maintained in such condition as would
satisfy the 1971 requirements of the Southold Town Building Dept.
17. The need for road maintenance and the cost of repairs, if
any, based on the previously stated requirements, shall be deter-
mined at least annually by the Declarant, its successors or
assigns, subject to the approval of at least one other of the
concerned Lot Owners. In the event said Lot Owners fail to either
approve or disapprove the same within 30 days, approval will be
assumed. Opon being billed for any assessment by Declarant or its
successors, each Lot Owner shall pay such assessment within 30
days of receipt of said assessment. Said assessment shall be a
lien on the real property of the assessed lot. Declarant, its
successors or assigns shall have the right to proceed in accord-
ance with all necessary legal action for the foreclosure and
enforcement of liens, and it shall also have the right to
commence action against any Lot Owner for the collection of any
unpaid assessment in any court of competent jurisdiction.
18. All of the covenants, conditions and restrictions contained
herein shall be construed as real covenents running with the land
and shall continue and remain in full force and effect at all
times. Said covenants, conditions and restrictions shall be
enforceable by the Declarant, their heirs, successors and
assigns and the failure to enforce any of such covenents,
conditions and.restrictions shall in no event be deemed a waiver
of the right to do so thereafter.
19. Except as set forth in paragraphs numbered 1 through 8,
above, Declarant hereby reserves the right to alter, modify,
terminate or annul any of these covenants in whole or in part
without the consent of any person.
D~CLARATI,;q ~'nde as of this.'/L d,~y of *'~C~Z "~/ . 1786
County, New Ygrk, o~.d dcsiana-ed on tho Su[folk Count}, Tax Nap as
4
di~q. I"" .... ~ctPdor
~ 1o11~~s
lq, ~:-~;,.In~nt q,.l,':.'.,, ti.reP eoveaa--- -
~u~er~d I, thro~h I*
:%% -~":% ~'~.%,, ,., ,....,.. ~ _...~.,..., ~
In aTI ot,~.;. ~ 21~ nad Am ..... . - * .
]6. Use of th., tO foot r~vht-of-way traversing lot 2 .qhall be
r,e~ver .~ccrue to tho boneft[ o[ ,~ny o';her property'.
un~ith,· .' ~'.~ d,~) vf ..,'--:"'. · 1~86, t~fore me pe~sorai%y
THIS INOINTUIIE, made the c~ "~-'day o! ,~ugu~t, nineteefl handed a~d
10B
I~Ol the ~lTst part.mud
~iL~t 9. BOa!, and SOLITA ROBS~ Mu w~f% both residi~ et llO~
;i ~sdlBon Argue, New ~o~
J~fl7 o! the laced Ix~t,
-~WlT#ISSITH, that the ~ o[ ~e fiat pa~ iff ~nslde~flon of
...0 .......................... ~ll (~0.) ....... * .......................... d,liars.
hwfulm~ of the Unlt~ Stute~. ~d other ~d ~d vnluUble ~tdevs~loa, ~la
ALL thu~ tra~t or psroel oF lsndf ~ith the buildings ~d l~r~omentn ther~n,
~d BtatO oF Nil Tot2, b~nded ~d de~ribed es ~llowo;
~H6l~I~O at u point m~ed ~ an l~n pipe set on the b~d8~ l~fle botwem
~d o~ ~a~ld g. Ooldsulth and Alv~ B. Ooldmtth uhd l~d of Dlllo~s u~t
4~0 febt ~rthwesto~y ~o~ arid line ~rom the northerly line of ~rth Roedj
~8 ~ gO deices O~ ~nutes ~ 8econdB gest; 368.11 f~t ~m the lest deB-
orlbed point; ~ thence ~ong land of ~rold 8. Ooldmith an~ Aly~ B.
feet tO ~ l~n plpel ~l~ thence Btlll al~g l~d ~f ~ldmith; R~th 44
'Otto N* ~ ~1 & ~n, S~veyors) dated 3~y 18~ 1953~ ~lse~ A~uat 3, 1963,
attaahed before end mdc a pePt horeo~.
~ V~e l~nd oF ~rold E. OoldmSth and AI~ B. ~ldmlth~ f~ the ~thweste~ly
~n~io~ o~ enid ~l~t of ~y ov~ and upon othe~ l~d OF s~d p~tio8 or tho f~st
{'~'purtl ~BJBOT, ~svers to tho Rendition that In the event that u ~blie hl~Y
H~o~ ~. ~O~'E ~a ~LV~ B, ~Lt~HI~H, both r~sidl~ at Douth-
Nadleon Avonu,~ No~~~ Torh~ p~tl~e of t~ second p~t~
~ITI~H~ That
~ tho partios Of tho first part by do.d datod August
tbs p~tto~ of tho first part~ their loga~ Vopr. sentativesjldi~tr
Feaso~lo oh~oe dnd ~lt~rations in tho co.ge and l~atibn
oe~talfl.~l~t off wa~ ovo~ ~d upon oth~ lnnd of tho pa~tl~s of th
In a i~ tho[p~ttes of tho first part a~ d~elroue bf Sell.
~ na eon~ey~ a po~tion of said p~omisos ovor ~hicb th.' said
,lght o~ .ay ~n.. $nd
~. the p~tios of th~ f~st part sro desiro~ br
tion which ts bein8 convoyed by them~
'~, T~O~."id consideration or th~ s~ ~
p~tieg hereto each~to the other tn h~d ~a~ ~ .... :.:.-i~' -'"Z
18 ~reby ae~owledg~d~ ~d of otho~ ~ood and valuibl~ e~aider~
that t~d afo~oeaid ~Ght,of ee~ shall be f~x~d ~d deteP~n~d to b
a P~b ~ ~ay 10 fdot l~ eidth extond~n~ tn · no~theeete~l~
~lon ilo~ tb~ ~o~oiibo~ly linc of. otho~ land of tho p~ttns of
t~ ~tt p~t f~om',tho ~o~thvesto~ly lin~ or ~orth Road) the
~d dlotanoeat ~OiN~ING ~t a point marked by ~ monist oh the
~o~h~et~Fly ~l~ off No,th Road at P~oonte~ ~n the T~n ~j 8oath
oo~er of l~d of 51ed~edki); ~g thonoO, (1) ~o~h ~7o ~6t O0
v La) ag, oo,.wo, ,
.or:~ ~oo j~t ~0' Mostp a diet,s er ~77001 feet; {b) Worth 9o
O~t.~O0. ~$lt~ i distance ]of 2~7~6~6 feot~ to~othe~ ~th tho~ f~ht
ta.thO.~so ~ I 10 foot Clear.us to tho ~st or tho ~n$ Isled
~deFito~ ~d M~e~d by the p~tl~s horsts that o~ept us h~e~
'~od~ied~ fixed ~d datelined ~o PIKht to t~ Yes o~ tho
way tn oo~on with 6thn~e as m~ntio~d Ln th~ ~o~8aid do~ shall
Pomain as Bet forth Ln said deodJ ~d tho condLtion eot forth
said dood Sha~l continue to ex~lt in full fo~o and offset
~ the ~vent that a publio hiKh~ay should bo laLd out and ~dieato~
to the T~ ~ Go.hold ~xtond~ i~ · KonoPal asst-vo8~ diP~tion
t~rly of laid public hig~h~ t~nas~ and te~nate~
' :
T.~ INDENTURE. made the ~ ~'' day
8ou~hold, ffev Zork
LONG ~LAND LIGHT~G COMPANY. a corporation duly organized end
extefia~ under and W ~rtue of the L~we o~ the S~te of New ~ork. having
Its ptlnct~l office ~t ~50 Old County Road, Mtn~ola. New York, the
grantee,
' WIT~TH~ that the ffrantor~ tn consideration o~ the sum
~ ~Sl~d Lt~h~InA ~, E~e~nt
lying ~ bet~ tn Peconie
~oJio*t~ flshtf end ~rtvileSes:
malnidlh ind. at lt. pleasure, remove .lflgle lines of poleg Including no
necessary. '.;
~ ~ ~ THIRD: To trim from time to time any trees along said lines
Os t~i the Itne~ and wires thereon ~y be clear by at least Forty-eight
inches off either side, '
he~et~ 8r~nted, ', ..
: ~ ] ~FIFT~ ~o permit such dccees from the street over the
~entk:lnd ~ighto'-of-Way herein granted. ; .
j~: ? ~.The Poles, c~oel-arme, guyf, anchors.' cables, co~uitgo man- '
RIDER~-.TO CONTRACT OF SALE BETWEEN
NORTH FORK BANK AND TRUST CO. ..
and
PETER ~EBISHER and MILDRED ~EBISHER
RE: LOT NUMBER 2, SUBDIVISION LOCATED
IN SOUTHOLD, NEW YORK AT DISTRICT 1000,
SECTION 073, BLOCK 4
25. Description of Property: See Schedule "A"
annexed hereto.
26. Morta&ae Conditions: This contract is ·
.I .
27. Down Payment: The down payment shall be
retained in escrow pending the closing herein, or in the event
of the cancellation of this contract pursuant to the agreement,
it shall be returned to the purchasers.
28. Representations Concerning Building Lot: Seller
represents that the property constitutes a lawfully existing
building lot upon which the purchaser can build a residence.
It is further acknowledged by the parties that the ten foot
right of way on the property (which principally serves as
access for property owned by Ross) must be relocated so as to
make it immediately adjacent to Lot No. 3 on the subdivision;
in furtherance of obtaining the relocation of this right of
way, the parties agree to fully cooperate with each other in
requesting that the building inspector of Southold requests
that the person who subdivided the property relocate the right
of way and comply with all requirements imposed upon them by
virtue of having subdivided the property. The Seller
represents that their counsel has already contacted and spoken
with the building inspector, who is aware of the fact that the
right of way must be relocated and a written request will be
made by Purchaser,s attorney following execution of this
contract in order that the right of way can be relocated
forthwith.
29. Title Problems: If there are any objections or
exception to title which prohibit the Sellers from delivering
title which would comply with this contract then'the Purchasers
shall provide the descriptions, objections, or exception, in
writing, to the Sellers at least Ten (10) days prior to the
closing. If the Sellers are unable to correct these objections
or exceptions prior to the proposed date of closing, the
Sellers shall be entitled to a reasonable adjournment for the
purpose of removing such objections or exceptions. In the
event Seller is unable to remove any objections or exceptions
to title, it is agreed that the purchaser shall have the option
to purchase the property in its condition nonetheless.
30. Subject To Provisions: The premises herein will
be conveyed subject to covenants and restrictions of record,
as well as the ten foot walking right of way contained on the
annexed survey and the ten foot right of way (to be relocated
to the easterly line of the property, adjacent to property
owned by Ross and Lot No. 3 of the subdivision) and subject to
and granting the purchaser a right of way, in common with
others, to North Road.
31. Assignment of this Contract: This contract may
not be assigned by the Purchasers without the prior written
consent of the Sellers.
32. Non-Applicability of Withholding Tax: The
Seller herein represents that he is not required to withhold
tax pursuant to 26 U.S.C. §1445 because he is not a foreign
person as defined in the Internal Revenue Code.
33. Notices: Ail notices required, or permitted,
under this contract shall be forwarded by First-Class Mail
except that an y notice which alleges a breach of contract ~y
a party must be by Certified Mail (Return Receipt requested):
Seller(s):
Ms. Cna Lee Kelley
c/o North Fork Bank
Mattituck, New York 11952-0902
2
......... ==== - 'l~1,1 ~(~ O{~lll~O ISJO,{~{)l"
EC*#I:DULE &
~rth 49 d~r~ O2-~l~l lB I~fl Off t~ --
the ioutheriY ntdw ~
feet to a ~intl thP ~otthveiterJY tt,~ of ~t ~. i Ot
~,,e -- :. and ten f~ w~*._-pd MteOl ~uoas-: tO be iff tbs
2.03G"~ ~459
tncludiflq CAI;I'vI"~ for th~mGeivrm, their (..eeellprJ ina
. . r~)r.n ~n,I I~tian of t~* right Of ~af~ t~
the right o! May).
of Nay tom.eating on tr,P ~ortherly lade of #lddle
in *'.re. and nov or formally of #lni~yln and
formally o! YC Hold 9 · . - --~*.UT--~ · fettering courses
and dlltanccs:
Perth 4~ degrees 4, ~znutes Mess Sg~.lS feets
North 4& deqr~ea .N ~n~ten vest JO&.$ feet!
North 4n deqreeu ~: :,.ufl~tes SO leconds Melt S$3.Ol leetl
North J~ degrees ~ ~:n~eq 30 secondl Nest
North 4~ d~greea ~. ~:n~tea S0 leoonds #ell Y4SSSS feet to
the arorer~t,tILned 2S f'*~ rlqht of msyl t:oe Nolte-fy bo. edifY of
land nov or f,~lPally ~t Of ma rheerr,d
holding Corl'* end l~te*h*h'.J tO ~ the rig Y
deed recorded in Libel ~l', .,tcp
SUBJ~'T I~ utility ,.~s~ntt al they
I~vdlvtsiufl ~&J' kfle)ufl ~'. %'~t~t s MmPif Mould ahoy.
SUIIJF.~ MOP£OV~R t- ot,~ c~n4ition that in th~ lelht · public
public htqhray shall tf.-~,**qon ~este and
$.ter, n~tfY,
m~tnt~Lned opofl any
an oc-t ~,,n ~,, r su.-c.~*r~ or ~ tn approv- or
1.03~ ~462
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