HomeMy WebLinkAbout1000-86.-1-10.3
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RECEIVED BY
SOUTHOlD TOWN PlANNING BOARD
JUN?7 ~
DATE
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DECLARATION OF COVENANTS
AND RESTRICTIONS
THIS INDENTURE made this .2t1hday of June. , 1981.f by C!t?Oh~ 'fI1
K. S//Yjf)(\ Mmmlstra.1or- residing at Norfh Rd. Pee-on/c. NY-
I C ho....\e$ :Y: 51Y'11or. E~t"A..+e..) ,
hereinafter called the Declarant,
WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land
Peconic
situate at G"ee".~, Town of Southold, Suffolk County, 'New York, and designated on
the SUffOlk-county Tax Map as District 1000 ~ection g~ /BIOCk I and LotIO.~ontain-
ing approximately.:>1tcres, being the same premises acquired by the Declarant by
deed datedjQ(l. \5" IqL./~
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and recorded in the Suffolk County Clerk's Office on
J::eh [) 1 I q~t;.
in Liber,flS':tt of deeds at page Sft,5 , and referred to
herein as the "premises" and
WHEREAS, the Declarant intends to subdi vide said premises for residential
, ..
purposes and desires to subject said premises to certain conditions, covenants and
restrictions in order to preserve the maximum open space, natural scenic beauty
and natural vegetation and to prevent overcrowding and to conserve the ground water
resources of the Town of Southold, and
WHEREAS, the Declarant had applied to the Planning Board of the Town of
Southold for approval of the subdivision and development of the premises as a Minor
Subdivision, to contain not more than four (4) lots or parcels.
NOW. THEREFORE, the Declarant does hereby declare that the aforesaid
premises and every portion thereof is hereby held and shall be conveyed subject to
the conditions, covenants and restrictions hereinafter set forth, and that every
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purchaser of said premises, or any portion thereof, by the acceptance of a deed
thereto, covenants and agrees that the premises so purchased shall be held subject
to the covenants, conditions, and restrictions hereinafter set forth-,
4. That all of the covenants, conditions and restrictions contained he,rein shall
be construed as real covenants running with the land and shall continue and remain
in fun force and effect at all times as against the owner of the premises or any
portion thereof in perpetuity. Said covenants, conditions and restrictions shall be
binding upon, inure to the benefit of and be enforceable by the Declarant, their heirs,
successors and assigns; any owner of any portion of the aforesaid premises, their
heirs, successors and assigns, and the Town of Southold, and its successors and
assigns. and the failLlre of any of the foregoing to enforce any of such covenants,
conditions and restrictions shall in no event be deemed a waiver of the right to do so
then,aftcr.
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ADDENDUM: CHARLES J. SIMON ESTATE, WELLS ROAD, PECONIC, NY
1. Lots numbered 1,2, and 3 as shown and designated on
the Minor Subdivision map approved by and filed with
the Southold Town Planning Board shall not be further
sutdivided in perpetuity.
2. Any further subdivision of Lot number 4 will constitute
a major subdivision subject to the prevailing terms and
conditions of the subdivision law of Southold Town.
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. / J " SYlVIA K. 'OUSE
.'" NOTARY ""tiC, s.... .f N_ Y."
No. 4674306 . iII".ll Cellftl.,
EtliIIMIWefl 111I1~ M...II '0. I'~
3. Due to the minimum lot area requirement of the zoning
classification of this property being considerably less
than the area of Lot 1 the lot shall be made subject to a
restriction that will prohibit future subdivision to avoid
any attempt by a future owner to subdivide the parcel and
thereby create lots whose areas will be substandard.
.~1-0 {~4. Ang driveways on Main Road shall make an angle of at least
. . v-,v.z..L;:. J(,'IL 70 and preferably 900 with the state road.
~~o. "",;.1, H~' Any drive way on Main Road for Lot 4 shall have a turnaround
"f t: 'r--' provision, such as a T-shaped shunt, so that a vehicle
~u'~ 9- (!NfJ^--' leaving a lot will not have to back out into traffic
stream on the road.
6. No driveway or entrance road on Main Road and on Wells Road
UNDAJ.COOPERN scfMan be located V1ithin fifty (50) feet of the ends of the
NOTARY PUBUC, 5.... of 'w Y, i 1
No.4822563.SufIolkCou"tf ort rad us curve connecting the souther y side of the
TormE><pir..March30,,9if<i:.ight-of-way of Hain Road with westerly side of the right-
~ of-way of Wells Road.
o..t~/b,I'1I';'" 7. All stormwater runoff resulting from the development and
I 0 . improvement of this subdivision or any of its lots shall be
tL~b.1s-Ui Ii. '..:j~~ retained on the site by adequate drainage structures so that
, it will not flow out onto the right-of-way of Main Road.
e? . . CllO..~ 8. Any change in the runoff pattern of Lot 4 due to improvement
Q. ~~~O"'" of the lot or change in its current use shall be subject to
~ ~~ analysis and the construction of adequate drainage structures
because current stormwater runoff is carried by a pipe culvert
under Wells Road to a discharge point at the edge of the
tidal wetlands bordering Richmond Creek.
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IN WITNESS WHEREOF,
this indenture has been executed the day and year
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a~ U~ )JW4~ t:l~
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first above written.
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STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On the;1..1IA day of '.) "LiVe... , 1981j-. before me personally came
"E"/;zcd;d), I\: SimON .
am:! ~ to me known to be the individuals described in and who executed
\.
the foregoing instrument, and acknowledged that they executed the same,
r~~uCL2:f~
Notary Public
ELIZABETH ANN NEVILle
NOTARY PUBlIC, SIIII 0/ "- Y.
No. 52-8125850, SuIIalll
Tn Ex"'1lIrclI1CI, I~ *'
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS INDENTURE made this 23rdday of April , 1985 by
'Elizabeth K. Simon, Administrator, Charles J. Simon Estate,
residing at North Road, Peconic, New York, hereinafter called
the Declarant.
WHEREAS, the Declarant is the 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, and Lot 10.3,
~containing approximately 39. acres, being the same premises
'acquired by the Declarant by deed dated Jan. 15, 1946 and recorded
!~ in the Suffolk County Clerk's Office on Feb. 2, 1946 in
I'Liber 2528 of deeds at page 565, and referred to herein as the
ii "premises" and
I!
i!
Ii WHEREAS, the Declarant intends to subd ivide said premises
Ii for residential purposes and desires to subject said premises
Ii to certain conditions, covenants and restrictions in order to
Ii preserve the maximum open space, natural ~cenic beauty and
'I'll natural vegetation and to prevent overcrowding and to conserve
the ground water resources of the Town of Southold, and
,.
ii WHEREAS, the Declarant had applied to the Planning Board
'I of the Town of Southold for approval of the subdivision and
Ii development of the premises as a Minor Subdivision, to contain
, not more than four (4) lots or parcels.
NOW, THEREFORE, the Declarant does hereby declare that the
aforesaid premises and every portion thereof is hereby held
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 the premises so purchased
shall be held subject to the covenants, conditions, and
restrictions hereinafter set forth.
1. Lots numbered 1,2, and 3 as shown and designated on the
Minor Subdivision map approved by and filed with the
Southold To.m Planning Board shall not be further
subdivided in perpetuity.
2. Any further subdivision of Lot number 4 will constitute
a major subdivision subject to the prevailing terms
and conditions of the subdivision law of Southold Town.
3. Due to the minimum lot area requirement of the zoning
classification of this property being considerably less
than the area of Lot 1, the lot shall be made subject
to a restriction that will prohibit future subdivision
to avoid any attempt by a future owner to subdivide the
parcel and thereby create lots whose areas will be
substandard.
4. Any driveways on Main Road shall make an angle of at
least 700 and preferably 900 with the state road.
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DECLARATION OF COVENANTS AND RESTRICTIONS
5. Any drivew~y on Main Road for Lot 4 shall have a
turnaround provision, such as a T-shap~d shunt, so
that a vehicle leaving a lot Nill not have to back
out into traffic stream on the road.
6. No driveway or entrance road on Main Road and on Wells
Road shall be located within fifty (50) feet of the
ends of the short radius curve connecting the southerly
side of the right-of-way of Main Road with westerly
side of the right-of-way of Wells Road.
7. All stormwater runoff resulting from the development
and improvement of this subdivision or any of its
lots shall be retained on the site by adequate drainage
structures so that it will not flow out onto the
right-of-way of Main Road.
8. Any change in the runoff pattern of Lot 4 due to
improvement of the lot or change in its current use
shall be subject to analysis and the construction of
adequate drainage structures because current stormwater
runoff is carried by a pipe culvert under Wells Road
to a discharge point at the edge of the tidal wetlands
bordering Richmond Creek.
9. That, all of the covenants, conditions and restrictions
contained herein shall be construed as real covenants
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 in
perpetuity. Said covenants, conditions and restrictions
shall be binding upon, inure to the benefit of and be
enforceable by the Declarant, their heirs, successors
and assigns; any owner of any portion of the aforesaid
premises, their heirs, successors and assigns, and the
Town of Southold, and its successors and assigns, and
the failure of any of the foregoing to enforce any of
such covenants, conditions and restrictions shall in
no event be deemed a waiver of the right to do so there-.
after.
IN WITNESS WHEREOF, this indenture has been executed the day
and year first above written.
/::L:~~J1=~
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On the 023~day
of April, 1985, before me personally came
F/'2<c/JeH7k S/tno/)
, to me known to be the individuals
described in and ~fho executed the foregoing instrument, and
acknowledged that they executed the same.
UNDA J. COOPER
P\JIIl,IC. s- 01 New Yo<k
llOT~_"4 SulfaIk COUlot'0'
No.~ 30 1~
'form e.pIo88 Marcil .
/~/KJi. {, O.
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NOTARY PUBLIC
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!fIBER 9777 P^CE
33
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. RECEIVED' f'Y
~Il1HOlD lOWN IU\KNINilllilMliJ
-APR :q,~Ei{i:;$
DECLARATION OF COV8NANTS AND RESTRIOTIONS
THIS INDENTURE made this 23rdday of April , 1985 by
Elizabeth K. Simon, Administrator, Charles J. Simon Estate,
residing at North Road, Peconic, New York, hereinafter called
the Declarant.
WHEREAS, the Declarant is the 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, and Lot 10.3
containing approximately 39. acres, being the same premises
acquired by the Declarant by deed dated Jan. 15, 1946 and recorded
in the Suffolk County Clerk's Office on Feb. 2, 1946 in
Liber 2528 of deeds at pa~e 565, and referred to herein as the
"premises" and
WHEREAS, the Declarant intends to subdivide sai.d premi.ses
for residential purposes and desires to subject said premises
to certain conditions, covenants and restrictions in order to
preserve the maximum open space, natural Boenic beauty and
natural vegetation and to prevent overcrowding and to conserve
the ground water resources of the Town of Southold, and
liHEREAS, the Declarant had applied to the Planning Board
of the Town of Southold for approval of the subdivision and
development of the premises as a Minor Subdivision, to contain
not more than four (4) lots or parcels.
NOW, TtlliREFORE, the Declarant does here by declare thR t the
aforesaid premises acd every portion thereof is hereby held
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, covemw1;s arid agrees that the premises so Ilurchased
shall be held subject to the covenants, conditions, and
restrictions hereinafter set forth.
1. Lots numbered 1,2, and 3 as shown and designated on the
Minor Subdivision map approved by and filed with the
Southold TO\-Tn Planning Board shall not be further
subdivided in perpetuity.
2. Any further subdivision of Lot number 4 will constitute
a major subdivision subject to the prevailing terms
and conditions of the subdivision law of Southold TO'rTU.
3. Due to the minimum lot area requirement of the zoninr;
classification of this property b,in~ considerably l~ss
than the area of Lot 1, the lot shall be made subject
to a restriction that will prohibit future subdivision
to avoid any attempt by a future owner to subdivide the
parcel and therGby create lots whose areqs will be
substandard.
4. Any drive\'lqys on E'lin Road shall make em 8.t'.131" of c.t
leost 700 and preferably 900 with the state road.
.)
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~: L18EP. 9777 PACE 34
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DECLARATION OF COVE~lANTS AND R3STRICTIONS
5. Any drivew'lY on Hain Road for Lot 4 0'1.'111 hp.ve a
tllrnaro1\'1d provision, such as a T-shaped shunt, so
that a vehicle leaving a lot will not have to bRck
out into traffic stream on the road.
6. No drivel7PY or entrance road on Hain Road.and on l1e1,ls
Road shall be locpted within fifty (50) teet of the
ends of the short radius curve connecting the southerly
side of the right-of-way of Main Road with 1.resterly
side of the right-of-way of Wells Road.
7. All stormwater runoff resulting from the development
and improverent of this subdivision or any of its
lots shall be retained on the site by adeqlmte dr2inage
structures so that it will not flow out onto the
right-of-way of Main Road.
8. Any change in t~n ~"nnff pattern of Lot 4 due to
improvement of the lot or change in its current use
shall be subject to analysis and the construction of
ade'luate drsinage structures because current stormwater
runoff is carried by a pipe culvert under Wells Road
to a disc'1.arge point at the edge of the tidal wetlands
bordering Richmond Creek.
9. That, all of the covenants, conditions Rnd restrictions
contained herein shall be construed as real covenants
running "~ith the land and shall continue and rema.in
in full force Bnd effect at all times as against the
owner of the premises or any portion thereof in
perpetuity. Said covenants, conditione and restrictions
shall b'l binding upon, inure to the benent of and be
enforceable by the Deolarant, their heirs, SUCC88sors
~nd assigns; any owner of any portion of the aforesaid
premises, their heirs, successors and assigns, and the
Town 0 f Southold, and its successors and ass igns, and
the failure of any of the foregoing to enforce any of
such covenants, oonditions and restrictions shall in
no event be deemed a waiver of the right to do 80 there-<
after.
IN WITNESS WHEREOF, this indenture has been executed the day
and year first above ~Titten.
//1: :~;;=
,
,
SThTE OF NEW YORK)
COUNTY OF SUFFOLK)
ss:
.-4
On the
..2.3~day of April, 1985,
<l'i M>\\I'll~\v.~.,r
S.lino/) , to me known to
before me personally came
:" l,b. he-H,);
be the individuals
described in and ~Iho executed the foregoing instrument, and
acknowledged that they executed the same.
LINDA,J. COOPER
..-,_ pU8I.IC. S- al New YOlk
",..".n $UlIlIIk COUlot'0'_
.....4122183:.-...30 1~<
1..m E>\IlnII..... .
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NOTARY PUBLIC
(] I
'-"O.(""L) (.[ /
STATE OF NEW YORK
ss.:
County of Suffolk
I, JULIETTE A. KINSELLA, 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 beinPf Court of Record) DO
J:jEREBY C.ERTIFY that I have compared the Mlnexed copy of ;i:J~
f1Jb~ m ~ d 3,IP.P.Fre f.I;'3II'.YYJ ""- ~ 9"7'7 1'.33
and that it is a just and true copy of such original ~ and
of the whole thereof.
" IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said
Z ntyandCourtthis ..2. '3 day of ~ 19!J-
, .............................~..a..~CI~;k..
4 12-109:1/84