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Home My WebLink About1000-89.-3-8 - I - , . , DISTRICT: 1000 SECTION: 089.00 BLOCK: 03.00 LOTS: 009.000 010.000 011.001 gltll.~ ~IB\:R 9881 ~Mt 152 . . DECLARATION THIS DECLARATION, made th~~day of September, 1985, by ROBERT G. NORKUS and ALDONA NORKUS, his wife, both residing at (No#) Nassau Point Road, Cutchogue, New York 11935, hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Southold, Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule flAIl annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide the said real property into four parcels, and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within and that the same will be for the best interests of the-,,- , Declarant and subsequent owners of said parcels, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, \' distributees, successors and assigns, to wit: 1. That no lot shall be subdivided or its lot lines changed in any manner and at any future date unless authorized by the Southold Town Planning Board. L1BER 9881 PACE 154 2. That no residential structure or sanitary disposal facility shall be installed or constructed within 100 feet of the upland edge of the tidal wetlands along the shoreline of Cedar Beach Harbor. 3. That no stormwater runoff resulting from the development of the subdivision or any of the lots shall be discharged directly into the adjacent body of water nor the tidal wetlands bordering tbat body of water. 4. That a conservation and/or scenic easement 50 feet in width is hereby established along the upland side of the tidal wetlands along Cedar Beach Harbor. 5. That the conservation or scenic easement shall not prevent present or future lot owners from crossing said easement or from constructing catwalks and/or docks providing all the necessary Town, State, and Federal approvals are obtained for the construction. 6. That Declarant, their successors, assigns and future grantees agree to provide adequate road and drainage improvements to the existing roads to insure that there is adequate access to the afcrpc.~ir\ 1,-.....~ ~ 1 STATE OF NEW YORK ss.: County of Suffolk f of Suffolk and Clerk of the Supreme Court 0 I JULIETTE A. KINSEllA, Clerk of the COcuntYt (said Court bei"t}a Court of Re~.rd) DO , N York in and for said oun Y t~~:~~~yeC~f~~R:;)~Yth~t hav comparedtheannexedCOpyof ~ 'f?j>/~ IJ-~ H~ r>1 .....'f. /'i/r€/r'fJ fUl'I...... . and and that it is a just an true copy of such original of the whole thereof. . h d and affixed the seal of said _~~ IN TESTIMONY WHEREOF, I have hereunto s~t y an 19 Jr. . eX </ day of . // ~4 ~~ntyandcourtthls ~......a..~...... ,,_~ . . . . . . . . . . . . . . . . . . . 8 W Clerk. i.,"'" ............. ~ 1.1~1/" '"" fi4 '^ /1", -J ~~ VYfL-, Aldona Norkus " ::/\.",."') '0 STATE OF NEW YORK, COUNTY OF SUFFOLK, 55.: On the?'-r day of September, 1985. before me personally came ROBERT G. NORKUS and ALDONA NORKUS, his wife, to me known and known to me to be the individuals described in and who executed the foregoing instrument, and duly acknowledged to me that. they executed the same. ~J-b..12 ;'E-""~'" , Wt':"-i' 1lI0TA'RY V~Jm~r ~-.,t., '_' r'<&w V~ i',', t.?." Quo:-"'" :' 'vi-totk .::ou:-!~ 0t1 ~mmj,s"", b-;."/'8I :,,"-wcl, 10. 19()Q ~ . . lIBER 9881 PAtE 153 . . ,.__..-~--- ,100_ ;,,~~--. :"11; ~- i il,!l ' , ...__._._. it'. .._.._ ". , . 1\RCEL I ARCEL II l' - . ,"" . . ARCEL III RCEL IV Nt1J1 ld j'l ; t ' , I fi .~ -'.'--'~ - _ L.J I I J I ~ '. ..........-...- ~ - SCIIEDULE ^ (Description of Premises) All that certain plot, piece or parcel of land, MUk"l'lK.vbuibll1trgY~JlJI7mJtmxlloOOl.' mt~ situate, lying and being in the Town of Southo1d, County of Suffolk and State of New York, known and designated as and by Lot 35, as shown on a certain map entitled "Map of Cedar Beach Park", and filed in the Office of the Clerk of County of Suffolk on December 20, 1927, ns Map No. 90. BEING the same premises conveyed to ROBERT G. NORKUS by deed dated 1/31/74 recorded at the Suffolk County Clerk's Office in Liber 7~G6 cpo 389 on 2/8/74. ALL that certain plot, piece or parcel of land, situate lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as and by Lot 3,6 as shown on a certain m, entitled, "~1ap of Cedar Beach Park" filed in the Office of the Cler: of the County of Suffoll; on December 20, 1927 as Map No. 90. BEING the. same premises conveyed to ALDONA NORKUS by deed dated 1/31/74 and recorded at the Suffolk County Clerk's Office in Liber 7586 cpo 391 on 2/8/74. ALL that certain plot, piece or parcel of land, situate lying and being in the Town of Southold, County of Suffolk and State of New Yc known and designated as and.by Lot 48 as shown on a certain map entitled "Map of Cedar Beach Park" filed in the Office of the Clerk of Suffolk on December 20, 1927 as Hap No. 90. , BEING the same premises conveyed to ROBERT G. NOru<US and 1\LDONA NOru<US, his wife, by deed dated 1/31/74 and recorded at the Suffolk County Clerk's Office in Liber 7586 Cpo 393 on 2/8/74. ALL that certain tract of land, situate at Cedar Beach near the hamlet of Southo1d in the Town of Southold, Suffolk County, New York comprised of Lots numbered .37, 38 and parts of lots numbered 47 and 49 as shown on a.map entitled, "Subdivision Hap Cedar Beach Park situate at Bayview, Town of Southold, New York", made by Otto \-1. Var, Tuyl, C.E. and filed in the Suffolk County Clerk's Office on Decembc ..1 20th, 1927 as Map No. 90 bounded and described as follows: . BEGINNING at a monument on the Easterly line of Clearvie\1 Road at tL. Southwesterly corner of Lot Number 48 and the Northerly corner of .~ . Number 47 as shown on map entitled, "Subdivision Map of Cedar B . ~t1.~'. Park" and filed in the Office of the Clerk of Suffolk County . ,~\ . No. 90 and from said point of BEGINNING; running thence alo . 48, South 62 degrees 07 minutes 20 seconds East 183.36 fee Nesterly line of 30.15 foot road known as Orchard Lane on," thence on the same course, 30.15 feet to the Easterly 1."'.' Lane; thence on the same course along Lot Number 36 as' 171.49 feet to the ordinary high water mark of Cedar .. thence SOUTHERLY and Southeasterly along said high wa' ,~. Cedar Beach Harbor the following two tie line coursesi'.,MQ . (1) South 25 degrees 49 z;tinutes 40 seconds West 1001l'~.,,'''., ....' (2) South 5 degrees 10 m~nutes 30 seconds East 119.3~f~et to t 7.Jt '~~ Northerly ,l.~ne ?f. ~o~ Number 39 on said mtl~; thence ~~ong said /,'Jq~~~ Number 39, North G2 degrees 07 minutes 20 seconds Wesc,.~20.0 feet~..~ to the Easterly line of Orchard Lane; thence along the EasterlY lind of Orchard Lane, North 22 degrees 07 minutes 40 seconds East 28.25 feet to the point where said Easterly line would be intersected by the direct extension Easterly of the Southerly line of the plot mark "Reserved - Cedar Beach Inn" as shown on map; thence alotlg said extension, North 66 degrees 52 minutes 20 seconds West 30.0 feet _ ~. to the Easterly line of said "Orchard Lane"; thence On the same course ncross Lots Numbers 47 and 49 as shown on said map, North 66 degrees 52 minutes 20 seconds West 363.59 feet to the Southeasterly line of said "Clearview Road"; thence along said Southeasterly line of "Clearview Road" North 66 degrees 10 minutes 10 seconds East 2(,().GJ [(Jot to the point or place of DEGINNING. BEING the same premises conveyed to ROBERT G. NOID<US by deed dated 8/24/71 and recorded at the Suffolk County Clerk's Office in Libel' 7016 cpo 397 on 9/29/71. USER 9881 PAGE 155 "'~' 0,,',' ''''''t :':f,; :: ",.~. .,- '",,,:, ~,~.,';:~~, i." .. ' ~t~.ti~~o:~~j):' ,K . ,'.:Y ~ 'r'"J"~" "",t~.;< . '~L.' t.. . . (l05~ ... 'iI;: '" M L:~ >;i:." 0"";" Ii: j~ii w ~ ~ ): RECORD & RETURN TO: Rudo1phH. Bruer, Esq. Main Road, P.O. Box 1466 Southo1d, N.Y. 11971 /' . . . . ~ ff ,.., JJ::- ! . .. Cl ~ - - ~ .. III