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HomeMy WebLinkAbout1000-94.-3-1.3 ", . ~of ~ Q J)/~ ./t7t)o c5u. {)1~ H ~, ()3.otJ 10823 rC219 1fD) m @ ~ il Wi 8 lJl] . - 6 lOO9 DECLARATION OF COVENANTS AND RESTRIC'I eNS SOUTHOLD TOWN ~'" PLANNING BOARD THIS DECLARATION made this K~ day ofh~1/4/ , 1989, by RITA BROWN, residing at (Noll) Juniper Drive, Oyste:t Bay, New York 11771, hereinafter 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 determined to impose on said PREMISES covenants and restrictions and does hereby declare that s'aid PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: f~ j-' J') <:::J~ ~ rtJ \ \ )0..... \,'\ (~\ \\) \ , '. '-\ 1. DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, approval of plans or approval of a subdivision or development on the PREMISES. 2. WHEREAS, the test wells sampled for the PREMISES indicated a groundwater supply that had contamination in excess of the minimum drinking water standard and/or guidelines of the State of New York and contained excess of the following: Dichloropropane and Trichloropropane; WHEREAS, the County of Suffolk Department of Health Services has agreed to issue a permit only if there be a record covenant that the necessary water condi tioning equipment be installed so as to meet the quality standards for drinking water; it is DECLARED and COVENANTED by DECLARANT, their heirs or successors and assigns forever, that no residence upon the above-descr ibed property will be occupied prior to the installation of necessary water conditioning equipment so that the water, when conditioned, meets the said minimum quality standards for drinking water of the State of New York and evidence of the same is furnished to the Suffolk County Department of Health Services for their written approval. 3. The DECLARANT, its successor and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessess of the above-described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. -\ ,,- <, 10823 PC220 4 . All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject required by law or by their herein and they are deemed made a part hereof, as though to the provisions of all laws provisions to be incorporated to be incorporated herein and fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successor and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the premises only with the written consent of the DEPARTMENT. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jur isdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid or unconstitu- tional.- ., -/ 10823 P~221 9 . Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. ;< Rirt#:~~~ STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) On the 71< day of ;:;tf~/ , 1989, before me personally came RITA BROWN, to me known to bel' the individual descr ibed in and who executed the foregoing instrument and acknowledged that she executed 'he e,mo. ~~t'e~~ Notary Public . 'I: !LAINI K. ROSIN NOTARY PUBLIC, Sto'e of New York No. 30-4602635 Ou."lit~ iA ilk",," ~~v"1V Com",I..',," hl"'H MS'e~ 30. 19 'f 0 ~l~ /"81 ;) 1 0823 P~222 , , ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT MATTITUCK, IN THE 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 OREGON ROAD AT THE SOUTHWESTERLY CORNER OF THE PREMISES, SAID POINT OR PLACE OF BEGINNING BEING THE SOUTHEASTERLY CORNER OF LAND NOW OR FORMERLY OF ANTHONY p, CASSONE, JR. AND DANIA CASSONE, HIS WIFE, SAID POINT OR PLACE OF BEGINNING BEING DISTANT THE FOLLOWING TWO COURSES AND DISTANCES FROM THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF OREGON ROAD WITH THE EASTERLY SIDE OF ELIJAH'S LANE; (1) NORTH 53 DEGREES, 08 MINUTES, 10 SECONDS WEST ALONG A TIE LINE 56.81 FEET; (2) NORTH 63 DEGREES, 53 MINUTES, 30 SECONDS EAST ALONG THE NORTHERLY SIDE OF OREGON ROAD 150 FEET TO THE TRUE POINT OR PLACE OF BEGINNING; THENCE NORTH 25 DEGREES, 40 MINUTES, 00 SECONDS WEST 581 FEET; THENCE SOUTH 63 DEGREES, 53 MINUTES, 30 SECONDS WEST 150 FEET TO LAND NOW OR FORMERLY OF ROWEHL; THENCE NORTH 25 DEGREES, 40 MINUTES, 00 SECONDS WEST ALONG LAST MENTIONED LAND 1063.90 FEET TO LAND NOW OR FORMERLY OF LENZNER; THENCE NORTH 63 DEGREES, 25 MINUTES, 10 SECONDS EAST ALONG LAST MENTIONED LAND 375.76 FEET TO LAND NOW OR FORMERLY OF ZIMNOSKI; THENCE SOUTH 26 DEGREES, 13 MINUTES, 40 SECONDS EAST ALONG LAST MENTIONED LAND 1647.96 FEET TO THE NORTHERLY SIDE OF OREGON ROAD; THENCE SOUTH 63 DEGREES, 53 MINUTES, 30 SECONDS WEST ALONG THE NORTHERLY SIDE OF OREGON ROAD 241.86 FEET TO THE POINT OR PLACE OF BEGINNING. SCHEDULE -A-