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HomeMy WebLinkAbout1000-88.-1-1 , ~ . . 1111111111111111111111111111111111111111111111I11111111 111111I111111111111111111 "" . ~_ -'0-""-- '" .---~~ _ SUFFOLK COUNTY CLE~. RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 10 Recorded: At: LIBER: PAGE: District: 1000 Section: Block: 088.00 01.00 EXAMINED AND CHARGED AS FOLLOWS Following Fees For Above Instrument Exempt NO Handling NO TP-584 NO Cert.Copies NO SCTM Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Received the Page/Filing COE Notation RPT $30.00 $5.00 $0.00 $15.00 Edward P.Romaine County Clerk, Suffolk County 03/12/2001 01:29:05 PM D00012107 045 Lot: 001.000 $5.00 $5.00 $10.00 $0.00 $70.00 Exempt NO NO NO NO : 3 Number of pages TORRENS Serial # RECORDED 2001 Mar 12 01:29:05 PM Edward P.Romaine CLERK OF SUFFOLK COUNTY L D00012107 P 045 Certificate # Prior Ctf. # Deed I Mortgage Instrument Deed I Mortgage Tax Stamp FEES Recording I Filing Stamps 4 Page I Filing Fee Mortgage Amt. Handling TP-584 1. Basic Tax 2. Additional Tax Notation Sub Total EA-52 17 (County) EA-5217 (State) Comm. of Ed. 5 O..Q..... Spec.! Assit. Or Spec. I Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax 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. Sub Total R.P.T.s.A. 15 ",.-- Affidavit ~d)(& Reg. Copy Sub Total Other GR.AND TOTAL Real Property Tax Service Agency Verification Dist. Section Block Lot 6 Community Preservation Fund Consideration Amount $ 6dJ o~fCX) tJ!CO ()(!X:.) CPF Tax Due $ Improved Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Addres RECORD & RETURN TO: H CCL\Y"thLj HOraqernent 41oo20 c..c.unb...-l eD. LIB ~Id 'U'{ ltg, J TD TD TD 8 Title Company Information Co. Name Title # Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached ~h(Y') rr [hvfrYTv,\rs '7 ~ty cfOJs (SPEOFY TYPE OF INSTRUMENT) ~~O~~lt I~ 100_=-.;,......;" p C (' I---l . ) SUFFOLK COUNIY, NEW YORK. 1 i2Cbert ~.J TO cCC'tythy In the TO'MIShip of .5c1 rinD 10 - \ ('l--LYl tf" ey,Lr-}hol n 9 made by; In the VILLAGE or HAMLET of ::Y>J ).'7h{)1 d BOXES 5lliRU 9 MUST BE TYPED OR PRINrED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) r I I' f , . ~ DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by THOMAS J. McCARTHY JOSEPH P. McCARTHY, DANIEL T. McCARTHY AND ROBERT M. McCARTHY this Iil: day of (l.kllU:~ ,2001, all of whose addresses are c/o McCarthy Management, 46520 County Rte. 48, Southold, New York, 11971, hereinafter collectively referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes detennined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property known as the Deerfield Fann subdivision and 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 88 Block 1 Lot 1, and more particularly described on the attached Schedule A (hereinafter referred to as the "Subdivision"); and WHEREAS, that for and in consideration of granting 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 lots 1, 2, 3 and 4 within the Subdivision that the within covenants and restrictions be imposed on said lots 1, 2, 3 and 4, 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 detennined that same will be in the best interests of the Declarant and subsequent owners of said lots 1, 2, 3 and 4. 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 said lots 1, 2, 3 and 4 within said subdivision map shall hereafter be subject to the following covenants and ~ ScJ)}edo Ie Ii ".,' ,'; , .) 1 1 ,',:>- I ~.i , ~ ~ I . restricti_ herein cited, which shall run with the land and shall be binding upon all disttibu~~l/Pssors, and assigns, to WIt: 1. The':' s"all be no further subdivision of any of said Lots 1, 2, 3 and/or 4. I 2. N~'l\Inoff water from building or pavement areas on any Lot shall be permitted to cause drainage problems on Main Bayview Road, Jacobs Lane, or on land located in the AE Flood Zone. In the event that the Town of Southold determines that such problems are occurring on a Lot as a result of a breach of this covenant, the owner of said Lot will install drainage structures, or will undertake such other measures that are sufficient to alleviate the problems and are acceptable to the Town of Southold. 3. No Certificate of Occupancy will issue until all normal requirements therefor have been duly met, and further, until street trees have been planted in accordance with applicable standards and/or regulations as interpreted by the Engineer for the Town of Southold, except that the permissible separation between trees shall be fifty feet (50'), and except further that there shall be no tree planted within one hundred feet (100') of the intersection of Jacobs Lane and Main Bayview Road. A written note or letter from said Engineer's office to the effect that this covenant has been satisfied will serve as presumptive evidence of same. 4. Lot 3 shall be entitled to construct thereon an accessory structure(s) in the rear yards, or on that portion of the property in the front yard which is south of the building envelope, provided that said structure(s) is/are: (a) otherwise in compliance in all respects with all relevant Town of Southold codes, rules and regulations pertaining thereto; and (b) is/are located no closer than one hundred (100.00) feet from either Jacobs Lane or Main Bayview Road, and no closer than twenty (20.00) feet from any other property line. 5. The said premises described as the Scenic Easement on the final map of the Deerfield Farm subdivision (referred to herein as the .Scenic Easemenf) will forever be kept open and free of all buildings and other structures, and all roads and driveways, except for the following: (a) the Scenic Easement area designated on lot 3: (i) may have crossing thereover a driveway enabling ingress and egress to any accessory structure(s) or uses properly permitted, constructed and located on said lot 3. Said driveway shall not enable direct access to any residence located on said lot 3, - .. j it being the intent of the Declarant that any said driveway providing access to any residence shall be located in accordance with the applicable Town of Southold Subdivision Regulations and outside of the 75' Scenic Easement; (ii) may have located thereon reasonable amounts of shrubbery and landscaping at and around said driveway; (iii) may have erected thereon a fence which is in compliance with the Southold Township Building Code, provided that any such fence shall be made of wood, and shall further be of an open-rail or open-board style and not of a stockade style, and must be kept and maintained in good order and repair; and (iv) may have crossing thereunder underground pipes, wires, conduits and similar installations for the purposes of installation and maintenance of utilities, including but not limited to water and cable television; and (b) the Scenic Easement area designated on lot 4: (i) may have crossing thereover a driveway enabling ingress and egress to said lot 4; (ii) may have located thereon reasonable amounts of shrubbery and landscaping at and around said driveway; and (iii) may have crossing thereunder underground pipes, wires, conduits and similar installations for the purposes of installation and maintenance of utilities, including but not limited to water and cable television. 6. The natural resources and condition of the Scenic 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 unless it results in a grade no greater than twelve (12) inches from the existing natural grade, and no 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. 7. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect the said Scenic Easement so as to anure continued compliance with the covenants, terms and agreements specified herein, and to insure that such covenants, terms and agreements are not being violated. 8. By acceptance of a deed each owner of lots 1, 2, 3 and 4 and his, her or their successors, assigns, heirs, distributees and legal representatives covenant to be -J bound by all the terms and conditions of this Declaration. These covenants and restrictions can be modified only at the request of the then-owner of said lot, and only with the approval of the Planning Board of the Town of Southold after compliance with all relevant processes and procedures. 9. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives, or any owner of Lots 1, 2, 3, or 4 to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. 10. These rights of inspection and enforcement shall be binding upon the Declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. the property 11. Upon the transfer of title from Declarant to each owner of lots 1, 2, 3 and 4, each such owner shall succeed to the rights of the Declarant hereunder with respect to its respective lot Thereafter upon subsequent transfers of title from the then-owners of each of the lots to subsequent owners, such subsequent owners shall succeed to the rights of the previous owners hereunder, _and so on and so forth. IN WITNESS WHEREOF, th arant above named has executed the foregoing De~tion tf1e d6v~ a Irst ibo\lQ.)Vlitten. un __ __ _ _ _ _______ lTATE OF NEW YORK SS: ~UNTY 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 BE~N A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COpy OF ." ') l ) 7\( DEED UBER / .-J./ 07 AT PAGE (') r;S RECORDED t7!..Y AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE ,IjEREUNTO SET MY HJ}ND AND AFFIXED THE SEAL OF SAID C~UNTY AND COURT THIS ) d -r-- DAY OF)'YJ ()AIU1 ) o2O~ . ~ . \ ~t ,,./... CLERK - 12-o18i.12181ce . . ...... " - . "." SchedL>Ie A ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview in the Town of Southold, ( of Suffolk and State of New York, bounded and described as follows: BEGINNING at the comer formed by the intersection of the westerly line of Jacobs Lane and the northeaste of Main Bayview Road; RUNNING THENCE North 47 degrees 35 minutes 05 seconds West along the northeasterly line of Main B; Road, 275.83 feet to land now or formerly of McCarthy; THENCE along said land now or formerly of McCarthy, the following three (3) courses and distances: 1. North 42 degrees 24 minutes 49 seconds East, 260.00 feet; 2. North 47 degrees 35 minutes 11 seconds West, 153.00 feet; and 3. South 42 degrees 24 minutes 49 seconds West, 260.00 feet to the northeasterly line of Main B, Road; THENCE North 47 degrees 35 minutes 11 seconds West along said northeasterly side of Main Bayview 100.00 feet to a concrete monument and land now or formerly of Storm; THENCE North 31 degrees 22 minutes 20 seconds East along said land and later along land now or form Denker, land now or formerly of Nosk and land now or formerly of Connaughton, 671.31 feet to the southw. line of Lot NO.6 on "Map of Crowley Estates", filed 12/12/86 as Map No. 8236; THENCE South 59 degrees 30 minutes 20 seconds East along said lot line, 477.27 feet to the westerly I Jacobs Lane; THENCE South 28 degrees 18 minutes 10 seconds West along said westerly line of Jacobs Lane, 781.03: the comer at the point or place of BEGINNING. . . ACKNOWLEDGMENT STATE OF OREGON ) ):Ss.: COUNTY OF LINCOLN ) J ~cIJ On the.28tl'i day of r 61:., ui::1I Y, 2001, before me, the undersigned Notary Public, DANIEL T. McCARTHY personally appeared and either 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 he agrees to the contents therein. OFFICIAL SI:AL . NANCY RUTH BAER . ~ N~J~~jl~~~~o~:~~~~ MY COMMISSION EXPIRES SEP.15. 2003 office of individual taking acknowledgment) . . ACKNOWLEDGMENT STATEOFJ'Iew y.",K ) COUNTY OFt/e.,J "forK rSs.: ~t> On the 2 day of March, 2001, before me, the undersigned Notary Public, ROBERT M. McCARTHY personally appeared and either 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 he agrees to the contents therein. (Signature and office of individual taki STANLEY P. CHABINSKY Notary Public. Stale of New York No.01CH5037321 . Quelified in Weslcheslll( Coun Commission Expires Dec. 19, 'l-"''''ty~ . . ACKNOWLEDGMENT STATE OF NEW YORK ) ):Ss.: COUNTY OF SUFFOLK ) On the .!lIfJ... .day of March, 2001, before me, the undersigned Notary Public, JOSEPH P. McCARTHY personally appeared and either 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, he agrees to the contents therein. ~/YV2 4~ 1(lb. (Signature and office of individual taking acknowledgment) IlCNNARINCHUR ""'Mlll.SIIIt aI NIw YClItI Nit. 85852 QIIIIId kI SulIalkCounly eo. . . ,~fob,I7.~ 0>002:>. . . ACKNOWLEDGMENT RECORDED 2001 Mar 12 01:29:05 PM Edward P.Romaine CLERk OF SUFFOLK COUNT'I L D00012107 P 045 STATE OF NEW YORK ) ):Ss.: COUNTY OF SUFFOLK ) On the ~day of March, 2001, before me, the undersigned Notary Public, THOMAS J. McCARTHY personally appeared and either 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, he agrees to the contents therein. ~~a~i J;dlJA Do /J ~ft 12 /IJ I g, ""'Ie. (Signature and office of individual taking acknowledgment) o J~~'8'86860> Coun~ 06 eutfp II( ~o.):::L 06 /\Jew 'lolL H.4 CONM t'ooion et.pi reD a fe-b. c:900~.