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HomeMy WebLinkAbout1000-79.-8-12 ~ " . . DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this I~~day of February, 2001 by and between NORTH BAYVIEW ASSOCIATES, a partnership having its principal place of business at 56215 Main Road, Southold, New York 11971, hereinafter referred to as the DECLARANT: WIT N E SSE T H : WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Bayview, Town of southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 79.00, Block 08.00, Lot 012.000, and more particularly described on the annexed Schedule A, and WHEREAS, therefore and in consideration of continuing the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and has determined that same will be in the best interests of the Declarant and subsequent owners of said lots, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots within said subdivision map shall , I ., . . hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors, and assigns, to wit: 1. There shall be no further subdivision of said premises, in perpetuity. 2. The said premises described as the open Space Easement on the final map of NORTH BAYVIEW ASSOCIATES will forever be kept open and free of all buildings and other structions, including fences. 3. No dumping or burning of refuse shall be permitted on the said premises. 4. The natural resources and condition of the said premises described as the Open Space Easement shall remain undisturbed and in its natural state, and to this end no top soil, sand, gravel, rock or minerals shall be excavated or removed therefrom, no grading shall be conducted on the said premises and no planting or fill shall be placed upon the said premises, and nothing shall be permitted to occur on the said premises which would contribute to the erosion of the land, and no trees on the said premises shall be cut or removed and no other plants or vegetation on the said premises shall be destroyed or removed, except for the removal of such dead, diseased or decayed trees or vegetation which may be required for conservation or scenic purposes. 5. The Declarant reserves the right to the exclusive use of the said premises described as the Open Space Easement on the final map of NORTH BAYVIEW ASSOCIATES insofar as such use is not "!! ".J. . . inconsistent with the covenants and agreements hereinabove set forth, and the Declarant may exclude the general public or any person or persons from the use of said premises described as the open Space Easement on the final map of NORTH BAYVIEW ASSOCIATES except that the Town of Southold shall have the right to inspect the said premises described as the Open Space Easement on the final map of NORTH BAYVIEW ASSOCIATES for the purpose of assuring itself that the covenants and agreements are not being violated, such inspection to be at reasonable times and by mutual arrangement, if possible. 6. All lots of the within Subdivision of NORTH BAYVIEW ASSOCIATES shall use the common driveway. Lots #1 and #2 shall not have separate access to North Bayview Road and shall have the right to traverse Lots #3 and #4, within the area designated as the common driveway. The owners of the lots in the within Subdivision of NORTH BAYVIEW ASSOCIATES shall contribute equally for expenses incident to the upkeep and maintenance of the paved area and the common driveway. a) Upkeep and maintenance shall include: 1) Repair of the paved areas; 2) Snow plowing; 3) Removal of litter; 4) all other steps to maintain the roadway and driveway in good passable condition. b) The owner of Lot No. --L- shall act as Managing Agent and shall annually collect in June of each year, from each lot owner in the subdivision an equal share of then anticipated costs "" . .l.~ . . for the coming year, July 1st to June 30th, in connection with the upkeep and maintenance of the roadway and common driveway. If sufficient funds are not available to pay the costs then on 30 days written notice to each lot owner an additional assessment may be made to be collected within said 30 day period. All such assessments shall be liens against a lot until paid in full. c) In June of each year a majority of the lot owners shall approve an upkeep and maintenance budget for the following year. If the budget is arbitrarily rejected then the Managing Agent shall have the right and power to enforce it by an action or proceeding at law or in equity and the costs, including reasonable attorneys fees, of such proceedings or action shall be borne by the objecting lot owners. d) In the event that any lot owner fails to make payment within 30 days after written notice of non-payment has been given, then the Managing Agent may commence an action or proceeding to recover the sum due and all costs of collection including reasonable attorneys fees shall be included in the amount collected. e) By acceptance of a deed each lot owner and his or her successors, assigns, heirs, distributees and legal representatives covenant to be bound by all the terms and conditions of this upkeep and maintenance agreement. 6. These covenants and restrictions, with the exception of the requirement that there shall be no further subdivision in perpetuity, can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the , ~ .." '. . . Planning Board of the Town of Southold after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. NORTH BAYVIEW ASSOCIATES A Partnersh' B homas Scalia, Gep.eraJ, fa.rtp.er STATE OF NEW YORK ss. : COUNTY OF SUFFOLK On the I ;;.,-/V' day of February, in the year 2001, before me, the undersigned, personally appeared THOMAS SCALIA, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (;,eP-.k/.' t1~ Notary Public CHARLES R. CUDD't NolIrv Public, Slate of New~ No. 6872225 OuaRlled In Sulfolk County ....^, CornmIaaJon Explm o-mber fl......Q.,. I ~ I " ,', . . " ii" STATE OF NEW YORK COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMP RED, THE ANNEXED COpy Or // DEED UBER / cl./ (j~ AT PAGE RECORDED~.J / doo/ AND THAT IT IS A JUST AND TRUE COPY 0 SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. SS: IN TESTIMONY WHEREOF, I HA'iE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTYANDCOURTTHIS IS'"1 DAYDFr~U""y'~ ~'. . ~ I: Iltt.~ CLERK 12-0169.12l97Cl1 ""! .. 'j', , .~. . . i ~ I '. SCHEDULE A ALL that certain plot, piece or parcel of land, situate lying and being at Bayview, near southold, 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 line of North Bayview Road at the northwesterly corner of land of the parties hereto and the northeasterly corner of Lot No. 19 on "Map of Seawood Acres Section One" filed in the Suffolk County Clerk's Office, June 26, 1956, as Map No. 2575; Running thence along the southerly line of North Bayview Raod, two courses, as follows: (1) South 72 degrees 52 minutes 00 seconds East a distance of 513.59 feet; (2) South 73 degrees 14 minutes 10 seconds East a distance of 21.91 feet; Thence the following two courses and distances: (1) South 22 degrees 07 minutes 10 seconds West a distance of 1256.73 feet; (2) North 63 degrees 53 minutes 20 seconds West a distance of 616.42 feet to Lot No. 11 on said filed map; Thence along the easterly line of lots on said map, North 26 degrees 06 minutes 40 secodns East a distance of 1170.00 feet to the point of BEGINNING. t..) 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