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Home My WebLink About1000-84.-1-10.1 , . . /1111/1111111111111111111111111111111111111111111111111 /111111111/11111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTIO Number of Pages: 10 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Section: 084.00 EXAMINED Following Fees For Recorded: At: LIBER: PAGE: 11/25/2002 01:48:08 PM D00012221 847 Block: 01. 00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO Handling NO NYS SURCHG NO Notation NO RPT NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Lot: 010.001 $30.00 $5.00 $0.00 $5.00 $0.00 $5.00 $15.00 $0.50 $30.00 Exempt NO NO NO NO $90.50 Edward P.Romaine County Clerk, Suffolk County Number of pages IlJ TORRENS RECORDE[' 2002 Nov 25 01:48:08 PM Edward P.Romaine CLERK OF SUFFOLK COut.n',' L [)OOOI2221 F' :347 Serial # Certificate # Prior Clf. # Deed / Mortgage Instrument I Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee 4- "-) Mortgage Amt. Handling TP-584 I. Basic Tax Notation 51) 2. Additional Tax EA-52 17 (County) EA-52 I 7 (State) _ Sub Total 3> 5D Sub Total GRAND TOTAL hS- 90.SD ~'1( Spec.! Assit. Or Spec. / Add. TOT. MTG. TAX Dual Town Dual County_ Held for Apportionment Transfer Tax Mansion Tax The property covered by this mortgage isor will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Affidavit (~~ified~;) Reg. Copy /' ~ R.P.T.S.A. Comm. of Ed. Other ...- J{' - SubTotal . - ,---...., ~/~ ' ~'& \~j> cCC'NT'- i7 """:Y':"~'C)c~ '''--'''-' Stamp"- Real Property Tax Service Agency Verification Dist. Section B lock Lot 6 Community Preservation Fund Consideration Amount $ -0- 1000 084.00 01. 00 010.001 CPF Tax Due $ -0- Datelt ~Iov InitialsllA., 7 Satisfactions/Discharges/Releases List Property Owners Mailing Addres RECORD & RETURN TO: Improved x Vacant Land LARK & FOLTS ESQS POBOX 973 CUTCHOGUE NY 11935-0973 TD 10 TD TD This page forms part of the attached 8 Title Company Information Co. Name N/A Title # N/A Suffolk Count Recordin & Endorsement Pa e DECLARATION OF MODIFIED COVENANTS AND RESTRICTIONS (SPECIFY TYPE OF INSlRUMENr ) made by: 9 PERSISTENCE PROPERTIES, LLC The premises herein is situated in SUFFOLK COUNIY, NEW YORK. roc PLANNING BOARD OF THE TOWN OF In the TO'M1Ship of In the VILLAGE or HAMLET of Southold SOUTHOLD BOXES 5 nlRu 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) Cutchogue Page 1 of 10 . . DECLARATION OF MODIFIED COVENANTS AND RESTRICTIONS THIS DECLARATION made this 25th day of November, 2002, by PERSISTENCE PROPERTIES, LLC, a New York Limited Liability Compan} I with office and principal place of business at 22425 County Route 48, Cutchogue, New York 11935, hereinafter called the '!Declarant". WHEREAS, the Declarant has title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York (SCTM #1000-84-1-10.1), said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for a set-off of Lot 1 as described on a certain map entitled "Setoff, Persistence Properties, LLC, at Cutchogue, Town of Southold, Suffolk County, N.Y.", prepared by Peconic Surveyors, P.C. dated March 8, 2001 and last revised November 22, 2002, a copy of which is attached hereto as Schedule B; and WHEREAS, the Declarant has placed certain restrictions upon the premises as set forth in a Declaration of Covenants and Restrictions dated July 3, 2001 and recorded in the Suffolk County Clerk's Office on July 16, 2001 in Liber 12129 Page 862 and which Declaration the Declarant wishes to supersede and modify by clarifying the intent of the aforesaid Declaration. NOW, THEREFORE, the Declarant declares the aforesaid land is held and shall be conveyed subject to the following covenants and Page 2 of 10 r restrictions which supersede and modify in their entirety the Declaration of Covenants and Restrictions heretofore referred to in Liber 12129 Page 862: 1. There shall be no further subdivision of any lot as shown on the aforesaid set-off map, in perpetuity. 2. There shall be no residential structure placed on Lot 2 as shown on the aforesaid set-off map, in perpetuity. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. PERSISTENCE PROPERTIES, LLC By~~tf~r I I I I 'I Ii II I' STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 25th day of November, in the year 2002, before me, the undersigned, personally appeared THOMAS R. GRAEB 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. GfAAb~ Notary Public BARBARA DIAQtUN NotaJy NlIlc, SIalo 01 NIw Yootc No 01014635190. SuIIoIc CculIY. Commi<lsioo Elq.;tJ. Oct. 31, 200 It. Page 3 of 10 r------- ] 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 COMPARED THE ANNEXED COPY O~ / DEED UBER wd2Ol/ AT PAGE J?~Z RECORDED /1 /D2.a?;z.... AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARAT ON AND OF THE WHOLE THEREOF. SS: ]IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET I\1Y HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS ;;?.5" DAY OF ffOV ~ ~. ~ 't l..tJ CLERK 12-0169. 12197cg 1- . . SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~ BEGINNING at a point on the northerly side of Middle Road (C.R. 48), which point marks the point where the easterly side of land now or formerly of I.I.P. Krupski intersects the said northerly side of Middle Road (C.R. 48); running thence from said point of beginning along land now or formerly of I.I.P. Krupski North 490 09' 10" West 635.14 feet to land now or formerly of Julius Skirel; running thence along said last mentioned land North 470 15' 00" West 742.71 feet to land of Robert A. Graeb and Phylis A. Graeb; running thence along said last mentioned land the following two (2) courses and distances: (1) North 420 29' 30" East 240.43 feet; and (2) South 470 3D' 30" East 1502.65 feet to the northerly side of Middle Road (C.R. 48); running thence along the northerly side of Middle Road (C.R. 48) South 710 3D' 00" West 257.90 feet to land now or formerly of I.I.P. Krupski and the point and place of BEGINNING. Page 4 of 10 'BO~~S 5 THRU 9 MUST BE 'IVrk I SUFFOCK COUNTY CLERK . . - UN OR TO RECORDING OR FILING. 3 Number of I'ages TORRENS R \ 2 7- 33 h'. '% Serial # , ~ ;\l N E "'_'i-, .' . tI ,; nt', ,_' C j"'" '.' ~\IC~;' "i,'.~)U:ny ~,-l I "....-' Certificate # Deed' Mortgage Instrument Deed' Mortgage Tax Stamp Recording' Filing Stamps 4 FEE Page' Filing Fee { d-- QO ...s 0 10 Mortgage AmI. Handling 1. Basic Tax TP-584 2. SONYMA Notation Sub Total EA-5217 (County) Sub Total 1/0J 3. Sllec.' Add. Comm. of Ed. 5_._00_ TOT. MTG. TAX EA-5217 (State) R.P.T.S.A. (5. Dnal Town _Dual County _ Held for APllortionment_ Transfer Tax Affidavit Reg. Copy @ih~~ C' () tJ f (~In (fI Sub Total ;)-(') ~t) 31 9 cJ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Certified Copy cue- GRAND TOTAL Real Property Tax Service Agency Verification Dist Section Block Lot Title Company Infonoation 1000 084.00 01. 00 010.000 N/A Comllany Name N/A Title Number ..2J FEE PAID BY: Cash_ Check--1L- Charge_ Payer same as R & R l RICHARD F. LARK ATIORNEV AT LAW Main Roa:l - P.O. Box 973 . CUtchogue, NY 11935-0113 OR: RECORD & RETURN TO Suffolk County Recording & Endorsement Page Declaration of Covenants and This page forms part of the attached RP.Rtd cor; onR (Deed, Mortgage, etc.) made by: ROBERT A. GRAEB and PHYLIS A. GRABB The premises herein is situated in SUFFOLK COUNTY, NEW YORK. m: In the TOWN of southold In the VILLAGE or HAMLET of Cutchogue SCHEDtJLE 13 Page o 5 1 '_010"..5''':1 I . . - ..... . . DECLARATION OF COVENANTS AND RESTRICTIONS t:~ - DECLARATION made this II - day of ../AA/,(;d~Y, 1995, by ROBERT A. GRAEB and PHYLIS A. GRAEB, his wife, residing at 22425 Route 48, Cutchogue, New York 11935, hereinafter called the "Declarants.1l WHEREAS, the Declarants have title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, said land being more particularly described in Schedule A attached hereto; and WHEREAS, the Declarants have applied to the Planning Board of the Town of Southold for a two lot setoff of the property described in Schedule A, as shown on "Setoff Map for Robert A. Graeb and Phylis A. Graeb at Cutchogue, Town of Southold, Suffolk , County, N.Y." prepared by Peconic Surveyors, P.C., dated August 3, " , , 1993, last revised 9/21/94; and WHEREAS, the Planning Board of the Town of Southold on February 9, 1994, required certain covenants and restrictions be placed on the property described in Schedule A, as a condition for final approval of the setoff. NOW, THEREFORE, the premises described in Schedule A shall be subject to the following covenants and restrictions: 1. In the event Lot Number 1, as shown on the "Setoff Map for Robert A. Graeb and Phylis A. Graeb at Cutchogue, Town of Southold, Suffolk County, N.Y." is subdivided in the future, a 25 I i foot wide right-of-way to Middle Road (C.R. 48) will be i I constructed with a pavement width as required by the Town of Southold Highway Specifications for road improvements in effect at Page 2 of 5 ,. . , ~ . . the time of construction. Said 25 foot wide right-of-way will include the present 15 foot wide accessway from Middle Road (C.R. 48) to Lot Number 2 as shown on the aforesaid setoff map. 2. This subdivision is located near an existing landfill site and near an existing gun club. 3. These covenants and restrictions 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. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modifications shall not be required. 4. The foregoing covenants and restrictions shall bind the Declarants, their heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. , IN WITNESS WHEREOF, the Declarants have caused their hands j and seals to be affixed this /1 !! day of January, 1995. I' ! . , v': ~. .'~~--- A. Gra STATE OF NEW YORK: SS. : COUNTY OF SUFFOLK' On this I( 'f!- day of January, 1995, before me personally came ROBERT A. GRAEB and PHYLIS A. GRAEB, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. /3i4i c4-~ Notar~lic Page 3 of 5 MArw LOll I'QI, 11 Natary Publk;. Slate gf N.w VIlk No. 100085$. Sunoll! CclIny Commission ~ Mar. 30. 1* ". , . - . . . .111'"'4 . ;1 , ~ I SCHEDULE A AL~ that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 'i'J BEGI~NING at a point on the northerly side of Middle Road, C.R. No. 48 formerly known as C.R. No. 27, which point marks the point where the easterly line of land now or formerly of I.P. Krupski intersects the said northerly side of Middle Road; running thence North 490 09' 10" West along said land now or formerly of I.P. Krupski, 635.14 feet to land now or formerly of Julius Skirel; thence North 470 15' 00" West along said land now or formerly of Julius Skirel, 1,127.91 feet; thence North 700 26' 20" Bast along other land now or formerly of Julius Skirel, 287.18 feet to land now or formerly of T. and R. Shalvey; thence South 470 30' 30" East along said land now or formerly of ~. and E. Shalvey and along land now or formerly of Mary C. Newham, 1,761.56 feet to the northerly side of Middle Road; thence South 710 3D' 00" West along the northerly side of Middle Road, 275.05 feet to the point or place of BEGI~NING. Page 4 of 5