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HomeMy WebLinkAbout1000-74.-1-42 . L DISllUCT 1000 SECl'ICIi 074.00 BLOCK 01.00 !Dr 'O4!.000 NOV 1 . 1984 Kecorckd ,ttS~I'K... Co. CJer\('s offi '-€- lol~ 1'lii<1 'In L..\b€r- Cl6>&h, pg.Ljgq. DECLARATICXJ OF COIIENANTS Al'ID RESTRIcrIrns Da::Li'IRATW" r.ac1e this ~ day of OclOW- ,1984, between, ARTHUR SIl'lO.'\l, FRAt'.cES SIMCN, :LE:CNE S:IMCN and ELIZABETH SIl'lCN, all residing at (no #) !.!iddle Road, Peconic, New York, and ELIZABETH MEAD, residing at (no #) Woodland Way, Bo..x 367, Quogue, New York, hereinafter referred to as "Declarants". h'HEREl\S, the Declarants are sore of the owners of all that certain plot, piece or parcel of land, with the buildings and inprovarents thereon erected, situate, lying and being at peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BffiINNING at a point on the northerly side of Middle Road (C.R. 27) at the southwest corner of the prE!lli.ses herein described adjoining land of Marlake Associates on the West; RUNNING THENCE along said land North 440 44' 20" West 5135.0 feet to Long Island Sound; RUNNING THENCE along Long Island Sound, the tie line being North 71" 13' 00" East 738.85 feet to land of the Estate of Clarence F. Diller; RUNNING 'lliENCE along said land of Diller three courses and distances as follows: ., (1) South 450 52' 50" East 1985.0 feet; (2) South 450 45' 30," East 2827.53 feet; and (3) South 340 22' 30" East 307.66 feet to a m::mumant set on the northerly line of !",icJdle Road; RUNNING THENCE along said line, South 680 11' 00" West 99 feet to land of Elizabeth Sinon; RUNNING THENCE along said land two courses and distances as follows: . i . . (1) North 310 49' West 214 feet; and (2) So.lth 680 11' West 66.53 feet to land of Arthur Sinon and others; RUNNING 'I'HENCE along said land the following three courses and distances: (1) North 260 28' 20" West 138.56 feet; (2) South 600 48' 20" West 274.74 feet; and (3) South 290 12' East 315.78 feet to the northerly line of Middle Road; RUNNING THENCE along said line South 690 17' 50" West 315.33 feet to the point or place of BEX;lliNING, and being the same premises of which SARAH J. SIMON died seized and possessed on May 2, 1962; and w11EREl\S, Declarants desire to subdivide the aforesaid premises into a subdivision to be known as Minor Subdivision for John Sinon Estate; and WHEREAS the test well sarrpled for the said subdivision indicates a groundwater supply having nitrate contamination in excess of the mi.n:imum drinking water standards of the State of New York, 10 ng./I as N; and WHEREAS, it is currently necessary for the County of Suffolk Depart:nent of Health Service to approve any proposed subdivision within the County of Suffolk prior to the subdivision map being filed with the Suffolk County Clerk; and WHEREAS, the County of Suffolk Department of Health Services has agreed to approve the aforesaid subdivision only if there is a recorded covenant disclosing the water supply problan and possible necessity for water treatment units and requiring future owners of the premises to connect to a future crnm.m.ity water supply systan, if any, and that no residence be occupied prior to a carrplete water analysis 2 ( . . being sui:mitted to the Suffolk County Department of Health Services, and, if not rreeting the then existing quality standards for drinking water, that the necessary water conditioning equipnent be installed, it is DEX::I.ARED 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 submission to the County of Suffolk DepartrrP..nt of Health Services or its successor having jurisdiction over the drinking water quality at the above described real property, and, if found not to rreet the then existing m:ini1mm quality standards of the State of New York for drinking water, that the necessary water conditioning equij:llY2nt be installed so that the water, when conditioned, rreets the said minimJrn quality standards for drinking water of the State of New York and evidence of the sarre is furnished to the Suffolk County DepartIrent of Health Services for their written approval; and it is further DECIARID AND COVEW\NTED by Declarants, their heirs or successors and assigns forever, that any =ers of the three lots fronting on long Island Sound as shown as lots Nos. 1, 2 and 3 on "Map of Minor Subdivision for Joim Sinon Estate, at Peconic, New York", made by Van Tuyl & Son, L.S., dated August 25, 1970, last revised September 9, 1982, filed with the Planning Board of the Town of Southold, be obligated to connect, at their = cost and expense, to any future water suWly system which may be created to sUWly water to any future 3 . . . .. subdivision. if any. on the fann area shown as IDt No. 4 on the above-mentioned Hinor Subdivision Map if and when said Lot No.4 is subdivided and developeO.. IN WITNESS WHEREOF. the Declarants have executed this Declaration of Covenants and Restrictions the day and year first above written. /~f ARl'HUR P. SlMCtil 10/ FRANCES SIMCN (I:) I..Enffi SIMCN /.5/ ELIZABEl'H SIMCN (u/ / ELIZABEl'H MEAD '.-" " . . . . STATE CF NEW YCBK SSe : <XXlNl'Y G" SUFFOIK ) ..J-Y\. . On the 5 day of Sept:errber, 1984, before Ire personally caIre ARIHUR P. SII'm, to Ire knc:Mn to be the individual described in and who executed the foregoing declaration, and acknowledged that he executed the same. Ii NOtary Public STATE OF Nlli YORK) 55.: <XXlNl'Y OF SUFFOLK) On the (g-r-'v'day of September, 1984, before me personally cane FRANCES snm and LErnE S:II-lrn, to ne ~ to be the individuals described in and who executed the foregoing declaration, and acknowledged that they executed the same. I~l NOtary Public STATE OF NEW YORK) 55.: <XXlNl'Y OF SUFFOI1<) f 'f" On the \Ii day of Sept:errber, 1984, before ne personally cane ELIZABEl'H SII'm, to Ire ~ to be the individual described in and who executed the foregoing declaration, and acknowledged that she executed the same. /~ Notary Public STATE OF NEW YORK) : ss.: caJNI:':l OF SlJFFOI1<) On the I b ~ day of September, 1984, before ne personally cane ELIZABEl'H MEAD, to Ire ~ to be the individual described in and who executed the foregoing declaration, and acknowledged that she executed the sane. IV I Notary Public