HomeMy WebLinkAbout1000-86.-1-3
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JAN 7 REC'il
DECLARATION OF COVENANTS
AND
RESTRICTIONS
THIS INDENTURE made this
5TH
day of January,
1983, by ANDREW CATALANO AND PHYLLIS CATALANO, HIS WIlE, both
residing at 39945 Main Road, Peconic, Town of Southold, Suffolk
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County, New York, hereinafter called tJ,e Declarant,
WHEREAS, the Declarant, owner in fee simple of
a certain parcel of land situate at Peconic, Town of Southold,
Suffolk County, New York, and designated on the Suffolk County
Tax Map as District 1000 Section 86, Block 1, Lot 3, containing
approximately 28.3 acres, being the same premises acquired by
the Declarant by .deed dated October 1, 1972 and recorded in
the Suffolk County Clerk's Office on November 1, 1972 in Liber
7274 of deeds at page 45 and by deed dated July 5, 1978, recorde
in the Office of the Clerk of Suffolk County in Liber 8463 of
deeds at page 561 on July 19, 1978, ~nd referred to herein as
the "premises" and
WHEREAS, Declarant has heretofore applied to the
Planning Board of the Town of Southold, to have a certain
portion of said premises "set off", said portion hereinOffter
described, comprising 3.770
acres and in connection with
said "set off" desires to subject said premises so "~et off"
to certain conditions, covenants and restrictions, in order
to preserve the maximum open space, natural scenic beauty
and natural vegetation and to conserve the ground water
resources of the Town of Southold and
WHEREAS, the Planning Board of the Town of Southold
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has indicated its approval of said "set off", provided the
covenants and conditions hereinafter to be referred to be
imposed against said premises so "set off",
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II that the premises hereinafter described is hereby held
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NOH, THEEErORI:, the Declarant does hereby df'clare
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 thepremises so
purchased shall be held subject to the covenants, conditions,
and restrictions hereinafter set forth.
1. That said premises so "set off" and hereinafter
described shall not be further sub-divided.
2. That the within covenant shall be construed
as a real covenant running with the land and shall continue
and remain in full force and effect at all times as against
the owner of the premises or any portion thereof and shall be
binding upon and enure to the benefit and be enforceable by
the Declarant, their heirs, successors and assigns; and the
Town of Southold, its successors and assigns and the failure
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of any of the foregoing to enforce such covenant shall in no
event be deemed a waiver of the right to do so thereafter.
That the foregoing covenant may be modified and/or
altered by Declarent, their heirs, successors and/or assigns,
following written authorization therefore by the Planning
Board of the Town of Southold without the necessity of securing
the consent and/or approval of any other owner of the real
property or portion thereof hereinafter described.
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The premises "set off" and which are the subject
of the within covenant are bounded and described as follows:
'i 'I ALL that cer1:ain plot, piece or parcel
lying and being at Peconic in the Town
I of Suffolk and StaLe of New York, more
and described as follows:
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of land, situate,
or SO\ltLold, COu.nty
particularly bounded
BEGINNING at a poin1: on the northwes1:erly side of M2in Road,
distant, 764.35 feet southweoterly fr'om -Lhe Coeller formed by
the intersection of the northwesterly side of Main Road with
the southwesterly side of Peconic Lane; running thence south
49 degrees 26 minutes 50 seconds west along the northwesterly
side of Main Road, 167. 73 feet; running thence north 33 degrees
31 minutes 20 seconds west, 996.72 feet; running thence north
56 degrees 28 minutes 40 seconds east, 166.47 feet to
land now or formerly of the Town of Southold; running thence
along said lastmentioned land, south 33 degrees 31 minutes
20 seconds east, 976.19 feet to the northwesterly side of
Main Road, the point or place of beginning.
The above described premises are designated on the Suffolk
County Tax Map as District 1000 Section 86, Block 1, Part
of Lot 3.
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IN WITNESS WHEREOF, this indenture has been executed
the day and year first above written.
ANDREW CATALANO
ANDREW CATALANO
PHYLLIS CATALANO
PHYLLIS CATALANO
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK
On the 4TH
day of January, 1983, before me personally
came, ANDREW CATALANO AND PHYLLIS CATALANO, to me known to
me to
be Ete individuals described in and who executed
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foregoing instvument, and acknowledged that Lhey executed
the same.
ANTOINETTE BERKOSKI
NOTARY PUBLIC
STATE OF NEW YORK
No. 52-4500796
Qualified in Suffolk ~ounty
Commission Expires March 30, 1983.
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f'.i.~CLAP,j~\'TTn~J OF Clj~,/T"~'J-/\N';:':~
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I<EST}<.CCTIONS
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11118 1NDENTURt made this
liTH
c1.o.y of ,J:-lLiidr'y,
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I' 1983, by ANDIZr.V CAT'\LANO AND PilYLL1S
Cf\~TALANO ,
HTS \'.JIFE") LUL1~
l'csidins at 3 S ~ Lj 5 No-in Road, Peconic, '}'(Jh'D of SouthoLd, 81] ffolk
County, New York, hereinafter called the D2clarilnt)
WHLKLAS, the DeclarariL, owner in fe8 simple of
a certai.n parcel of land situate at Peconic, Town of Southold,
Suffolk County, New York, and designdLed on the Sttffolk County
Tax Map as Dist~ict 1000 Section 8R, Block 1, Lot 3, containing
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approximately 28.3 acres, being the same premlses acquir~d by
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the Declarilnt by deed daTPd October 1, 1972 and rpcorded In
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the Suffolk County Clerk's Office on November 1, 1972 in Liber i
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7274 of deeds at page 45 and by deed dated July 5, 1978, recorded
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in the Office of the Clerk of Suffolk County in Liber 8463 of I
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deeds at page 561 on July 19, 1978, and referred to herein as
the "premises" and
WHEREAS, Declarant has heretofore applied to the
Planning Board of the Town of Southold, to have a certain
portion of said premises "set off", said portion hereinafter
described, comprising 3.770
acreS and in connection with
said "set off" desires to subject said premises so "set off"
to certain conditions, covenants and restrictions, in order
to preserve the maximum open space, natural scenic beauty
and natural vegetation and to conServe the ground water
resources of the Town of Southold and
WHEREAS, the Planning Board of the Town of Southold
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l'B~F.9306paGE291
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il~;J_~2:':'.:.~ej i~G 3.PI)TDval 0f <-:;;:l_irj IIs<:::t off";, prol.,-~,--l_",:-l
lno
I' n !)~III Ls ?:;-',d ':::0J:\J.i-~.::ior.s h2:::'c..~;nafter to be re.tt't:'['p i j-,) l'.r~
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lffilJJu",r.
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~jg~'n8t sd~d vr2mls~~
,c-;c! fI Get off",
l;~Yv'}, '1.'EF:RF.I'I..)i\.C, the Dec~!_,""')Y':lnt clops heT"'pby cy'rl--1T":o.
LlldL the prem:Lses hCl"'ein:;..ftcI' described is hereby LelJ a.nn
shcllJ_ be conveyed subject Lu the conditiGns, covenants ~iild
restrictions herein~fter set forth, and, that every purchaser
of said premises, or any portion thpreof, by the acceptance
of a deed thereto, covenants and agrees that theprcmiscR no
purchased shall be held subject to the cov<cnants, conditions,
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and restrictions hereinafter set forth.
1. That said premises so "set off" and hereinafter
described shall not be further sub-divided.
2. That the within covenant shall be construed
as a real covenant running with the land and shall continue
and remain in full force and effect at all times as against
the owner of the premises or any portion thereof and shall be
binding upon and enure to the benefit and be enforceable by
the Declarant, their heirs, successors and assigns; and the
Town of Southold, its successors and assigns and the fai~ure
of any of the foregoing to enforce such covenant shall in no
event be deemed a waiver of the right to do so thereafter.
That the foregoing covenant may be modified and/or
altered by Declarent, their heirs, successors and/or assigns,
following written authorization therefore by the Planning
Board of the Town of Southold without the necessity of securing
the consent and/or approval of any other owner of the real
property or portion thereof hereinafter described.
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II of t~e within covenant are bounded and described as follows:
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The
p~emisF::'s
sl.'bj "'ct
"set off" and which are the
ALL that certain plot, piece or parcel
lying and hpin/,: at Peconic in the Town
of Suffolk and State of New York, more
and desnribed as follows:
of land, situate,
of Southold, County
particularly houn~ed
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BEGINNING at a point on the northwesterly side of Main Roart,
distant, 764.35 feet southwesterly from the corner formed by
the intersection of the northwesterly side of Main Road with
the souLl1westerly side of Peconic Lane; running th'::;n.;t,~ ~;()utrl
49 degrees 26 minutes 50 seconds west along the tl~rlhwes+erly
side of M~in Road, 167.73 feet; running thence nort~l 33 u2gl~eG
31 winutes 20 seconds west, 996.72 feet; hillILing thence:
north 56 degrees 28 minutes 40 seconds cast, 166. '17 feet to
land nOH or formerly of theTown of Southold; punning thence
along said lastmentioned land, south 33 degrees 31 minutes
20 seconds east, 976.19 feet to the northwesterly side of
Main Road, the point or place of beginning.
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The above described premises are designated on the Suffolk
County Tax Map as District 1000 Section 86, Block 1, Part
of Lot 3.
STATE OF NEW YORK I
County of Suffolk 88.:
I, ARTHUR J. FELICE, 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 Cowt of " . . /J...L
RecordI:;O HEREBY CERTIFY that I have compared t~ ~n'lexed copy of ~1t tn.V fC.Uil.,
~n.J .;;t~ ,1')3 ok / I. '/ t/ 11"" ti-oJ ..:t:Lt<.LJ q 3 () {, I Ol 9 D
an hat it is ajust and true copy of such original ~ an
. of the whole thereof.
N TESTIMONY WHERE~have hereunto set my hand and affixed the seal. ..
dc.o"~'~d~:ri<h;'.. ......... .....d~Of~..... ..~r'&:'
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II S::'i\Tr: OF NEiN YORK
t,
II COUN:::'Y or SUFFOLK
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On the
day of January, 1983, before me personally
cc:.me,
ANDRE'.",1
CATALANO AND PHYLLIS CATALANO, to
me
l::::;-10~".'n
to
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T",e-:::o be the individuals d€'scribed in and v.l}i.D f'X('(~1~'-0,j
the foregoing instrument, and acknowledged that they executed
th(-; s cune .
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ANTOINETTE 2EPlfOSl(l
NOTARY PU~~uc, SlolA {')f New '1",-,
K,. 52 - 45CJ07Y::>
Quolnll;,d in Suffolk C0unf~ :.3
Commission Expires March 30, 19 ?
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THIS AGREEMENT. made this ~~ day of
teen Hundred and Ninety-One;
~vh
, Nine-
BETWEEN
B & J REALTY, a co-partnership, clo John E.Gillies, Esq.,
320 Conklin Street. Farmingdale, New York 11735, hereinafter
described as the SELLER,
and the COUNTY OF SUFFOLK, a municipal corporation, having
its principal offices at County Center, Riverhead, New York, herein-
after described as the PURCHASER,
WITNESSETH, that the SELLER agrees to sell and convey, and
the PURCHASER agrees to purchase, as authorized by the Suffolk
I . County Local Law No. 16 of 1981, and in accordance with Resolution
/.~l'~ ~o. 945-19~9 of the Suffolk Co~ty Legislature, all on fil~ with the
, - ~~lerk of tne Suffolk County Leg~slature, the Development R~ghts, as
/.';''';~''- hereinafter defined. in all that certain plot. piece or parcel of
I~ !~) land. situate. lying and being in the Town of Southold. County of
\\ ~. Suffolk and State of New York. more particularly bounded and
- ~~c/described as set forth in the description annexed hereto as Exhibit
. f'! \JG", Tax Map No. 1000-086-01';;..003.2. known as SHO-740.
p~
/~ClO . 1. Development Rights. as authorized by 5247 of the New
I~I York State General Municipal Law. as amended, shall mean the perman-
vI .QO- ent legal interest and right to permit, require or restrict the use
C)ou of the premises exclusively for agricultural production as that term
o( 0 U is defined in Local Law 16-1981 of the County of Suffolk. and the
right to preserve open space as that term is defined in 5247 of the
~~ Ger.eral Municipal Law as amended, and the right to prohibit or
to restrict the use of the premises for any purposes other than
ooE.oO)L.agricultural production or to subdivide same. By the sale of such
development rights and interest, the SELLER shall be deemed to have
covenanted and agreed that the SELLER. and the heirs. legal
representatives. successors and assigns of the SELLER. shall only
use the premises on and after the date of delivery of the instrument
of conveyance to the County of Suffolk for the purpose of such
agricultural production. Such covenant shall run with the land in
perpetuity. The provisions of this paragraph shall survive the
delivery of the instrument of conveyance.
2. The SELLER acknowledges that by the terms of this
contract and the declarations in the deed, that it has been informed
that neither the SELLER. nor his heirs. successors in interest,
successors in title or assignees shall be permitted to remove soil
from the property to be covered by these development rights. The
representation is intended to also serve as a covenant running
forever with the land in perpetuity and the provisions of this
paragraph shall survive the delivery of th~s conveyance.
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RECORDED
JUN 20 1991
Ef!WAR!j P. ROM,I./tE --
ClERK OF SL 'FFaJ( CJ:XJmY
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11283PW91
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DESCRIPTION OF PROPERTY
ALL that certain plot, piece or parcel of land situate,
lying and being in the unincorporated community of peconic, Town of
Southold, County of Suffolk, New York, being tax map No. 1000-086-
01-003.2, hereinafter described as follows:
The property is situated on the north side of
Main Road, 934 feet west of peconic Lane, in the
unincorporated community of peconic, Town of
Southold, New York.
and as is shown on tax map attached hereto as Exhibit "H".
It is understood and agreed that the description in
this Exhibit is for the purpose of the contract only, and that
a final description for conveyance purposes shall be a more
particular description to be determined by means of the surveys
required under the contract aforesaid to which this Exhibit is
hereby appended.
EXHIBIT "G"
RECORDED
JUN 20 1991
EDWAAfJ P. RQW.ItE"
Cl.1RK OF 3L 'fFaJ( WJNrY