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Home My WebLink About1000-83.-2-10 . . DECLARATION made this 8th day of October, 1981, by NINA STEVENS, residing at Oregon Road (no street number), Cutchogue, Ne"I.' York, hereinafter called the "owner"; WHEREAS, the owner has title to certain lands situate, lying and being at Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, said lands hereinafter being more particularly described; and WHEREAS, it is the owner's intention that the aforesaid lands be subdivided into a minor subdivision consisting of not more than four (4) residential lots; NOW, THEREFORE, the following described lands shall be restricted as hereinafter set forth: BEGINNING at a point on the northeasterly line of the land now or formerly of Joseph Hannabury, which point is North 48 degrees 44 minutes 00 seconds West 1762.19 feet from a monument set at the inter- section of the northeasterly line of the land now or formerly of Joseph Hannabury with the northwesterly line of Oregon Road, and running thence from said point of beginning North 48 degrees 44 minutes 00 seconds West along the northeasterly lineof the land now or formerly of Joseph Hannabury, 552.30 feet to Long Island Sound; thence northeasterly along Long Island Sound to the land now or formerly of Veronica Czebotar et aI, a tie-line along Long Island Sound being North 77 degrees 12 minutes 20 seconds East 593.35 feet; thence South 48 degrees 53 minutes 00 seconds East along the southwesterly line of the landnow or formerly of Veronica czebotar et aI, 579.75 feet to a monument; thence South 79 degrees 12 minutes . . 20 seconds West through the land of Nina Stevens, 611.06 feet to the point or place of BEGINNING, containing an area of 6.25 acres, more or less. Declarant does hereby warrant, covenant and represent that on approval of the aforesaid described lands as a minor subdivision by the Planning Board of the Town of Southold, no further applica- tion will be made to that Board or to any other Board in the Town of Southold to further subdivide any of the lots set forth in the above described minor subdivision. Declarant does hereby further warrant, covenant and repre- sent that the aforesaid described lands within the minor subdivision cannot be divided into more than four (4) lots and that each lot shall comprise an area of not less than 40,000 sq. ft., with one (1) residence per lot. Declarant does hereby further warrant, covenant and repre- sent that the following conditions shall run with and apply to the aforedescribed lands: 1. No lot or parcel within this tract shall be subdivided or changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. Approval of this subdivision shall be made subject to the lots meeting the requirements and standards of the -2- . . Suffolk County Department of Health Services. 3. No sanitary disposal facility shall be installed or constructed within 100 feet of the top of the bluff. 4. No storm water run-off resulting from the development and improvement of the shorefront lots or the subdi- vision 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 may be necessary to control orremedy erosion or to prevent storm water 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. 7. Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. -3- . . .8. Any future subdivision of the lands adjoining the aforedescribed minor subdivision to the south, and contiguous thereto, designated on the said minor sub- division map as Se9tion 2, shall be referred to the Suffolk County Planning Commission for consideration. 9. Any further subdivision of the Section designated as Section 2 on said minor subdivision map shall have a map of the subdivision filed in the Office of the Clerk of the County of Suffolk. 10. The conditions hereinabove set forth shall be filed as covenants and restrictions in the Office of the Suffolk County Clerk. Declarant does hereby further warrant, covenant and repre- sent that the foregoing covenants and restrictions and agreements shall bind the undersigned, her heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of any of the lots shown on said aforedescribed premises in said minor subdivision by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has caused her hand and -4- . . seal to be affixed this 8th day of October, 1981. fl!'~ ~a Stevens. STATE OF NEW YORK ss. : COUNTY OF SUFFOLK On the 8th day of October, 1981, before me personally came NINA STEVENS, to me known and known to me to be the individual described in and who executed the foreging instrument and acknow1- edged to me that she executed the same. /-., - RICHARD J. CRON NNOTARY P:)BUC. Stntc r:,~ New York o. ?2~586 J 280 . Suffolk County, CommlSSJon Expires March 30, 194:'1.-- -5- ~rBtJ,..\?1~'. ,,,,'f1'io' ;'iJ~ .. .;, ';:{:~t ';:i:<'ilJ~N1~ ) ()., 'i '.' .~J\f~j;\ . J<=:f~' ..1,l,t\ I....'".. DlClARAftOH ..d. th18 8th d., of Octobe.., 1981, b, ':z.~:i" ~,~~~;:' ::Y~n~::.:::::C::l:.:: :e~:: meet numbe..), cutchop,.t~~ f';;t. ClI,"~ VlIlUAS, the owne.. he. titl. to c...teln lend. dtuet.,. .. 17f!) ~" lo/J,.,/,t'l'fl1 .nd !IdOl .t Dr.gon Roed, Cutchogue, Town of Southold, Count,' '.';~~'~~, ~~' of Suffolk .nd St.t. of New York, ..id I.nd. hereinafter being.ore !0f;~~ . partlcularl, d..cdbed; .nd ;" ,:iN# . #",Y'.J.,.. '") ., lIIlEREAS, it 18 the owne..'. intention that the .fo.....U : ':. ..;~~ ~, U~:I~ l.nd. be .ubdiYidrd into. ..ino.. .ubdividon condat1ft& of not -n':r'J~\:jt than four :, ..:=::~ :::'~oHowing deecdbad lew'. .hall be!}{{if~ ,,',-:<". ,., :,', ',' ,'tI~~f::_',ftMA__~, ~~. , ; (.......,~. "" . " '.,{'. ., r..tricted a. he..ein.fte.. set fo..th: " tl, " BEGDlIItNG at a point on the no..dle.atarly Une of the 1.nd now 0" fo.......l' of Jo..ph Hannabury, which point is Ho..th 48 deg..ee. 44 .inut~. 00 ..cond. West 1162.19 feet f..ow a monument ..t .t the Int.r- section of the no..the..te..ly line of tha l.nd now or fo..~..ly of Jo.eph Hannabu..y with the northwa.t...ly line of Oregon Ro.d, .nd ..unnins thence frON .aid point of beginning North 48 d.g..eea 44 ..inute. 00 seconds West along the northea.te..ly li,.o( the l.nd now or fo....er! y of Jo.eph Hannebury, 552.30 fHt to Long Island Sound; t~enc. northe..tRrl, alon, Long Island Sound t" the land now or fOf'IMrly of Ve..onica Czebotar et ai, . tie-lin. alor.g Lona t.land Sound being Ho..th 71 degree. 12 ..inut.. 20 .econd. East 593.35 feet; thence South 48 des..... 53 .lautH 00 .econd. Eut alon, the .outhwaat.rty line of the lend_ or fo.......l' of V.ronica Crebotar .r al. 57t.7S feet to a lIOftUm8ftt; thence South 19 d....... 12 .iOIYt.. .-' II , , . " ) X -H'_'.""'''~.".,," ,'~ - "~:;Y~~""--'" ,. .." -I,',~: I. .,,'" ._~u"","'I'" ,.---..,." , ,~..,.".~ ~"",-r:' \'., "; ~ 20 I.condl Wrst through the land of Nina Steven., 611.06 feet to the point or place of BEGINNING, ~ont.lnlnl an area of 6.25 acres, more or leaa. Doclarant do.. h.reby warrant, covenant and represent that on appfOYIl of the Ifor'"ltd described landl II I minor subdivision "1 the Planning Board of the Town of Southold, no further applica- tion wt 11 be Nde to that Hoard or to any other Board in the Town or Southold to further subdivide any of the lots set forth in the Ibove delcrlb.d minor lubd iv1s ion. Dlclarant doel hereby further "srrant, covenant and repre- lint thlt the aforesaid described lends within the mtnor lubdivialon cannot 101 divided into more than four (4) lots Ind that each lot lhall c<..prlle an area of not less than 40,000 Iq.ft., with one (1) r.lidlncl per lot. . Declarant daIS. hereby further wlrrlnt, covenent Ind rlpre- lent thlt the folleving conditionl shall run with Ind Ipply to thl Iforedelcribed lands: 1. No lot or plrcel within thil tract lhall 101 lubdi~1ded or changed in Iny manner It eny futurl dltl unll'l authorized by the Southold Town Pllnning Board. 2. Approval of this lubdivilion lhall 101 ..dl .ubJlct to che loti meeting the requir_nt. Ind ltandarell of the -2- ,. i ....,'"''t'-~-..,,' ~: ';'.: f,:'. '" ,';', ~ :,,; 'e~ LIt,. .(\ ;-< / '}' ',' , -~ --~.:.~~.~ ~.. .... ....,-~ ,..JDIOriI :r8 :~y "', :; 'l~\;f' "r....., '.;1iC ,.:.' ,J,: J~~ ," :...~'~l~?l .';~'Hf .' ,:r .. An, futur~ subd.vision of the lends sdJoining the eroredeuribed minor subdl..ialon to the south. snd contlluous thereto. dealgneted on the sald minor sub- diviaion map es S~ction 2. shall be referred to the Suffolk COl'1lty Planning CDlMl1salon for consideration. ~. Any fu~ther subdivision of the Section designated as S,ction 2 on .aid minor subdivision ~p shall have a map of the .ubdivision filed in the Office of the Clerk of the County of Suffolk. 10. The conditiona hereinabove set forth shall be filed a. covenant. and restrictions in the Office of the Suffolk County Clerk. Declarant does hereby further warrant. covenant and repre- aent that the fo~egoing covenants and restrictions and agreements shall bind the undersigned. her heirs. successors and assigns. and any and all person or persons who shall succaed to the ownership of sny of the lot. shown on ssid aforedescribed premises in ssid minor subdivision by trsnsfer Gc otherwise. IN WITNESS IlHEIU!OF, the Declarant hu caused her hand and .4-