HomeMy WebLinkAbout1000-102.-8-1 (2)
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DECLARATION OF
PROTECTIVE COVENANTS AND RESTRICTIONS
HIGHLAND ESTATES
DECLARATION OF PROTECTIVE COVENANTS made this 1st day
Augu~t, 1977, by 75 HIGHLAND ROAD CORP., a domestic corporation
with office and principal place of business" at 2 Feeks Lane, La~
tington, New York, hereinafter called the Declarant.
WHEREAS, the Declarant is the owner in fee simple of
the following premises:
ALL"that certain plot, piece or parcel'
of land in the Town of Southold, County
of Suffolk, State of ~ew York, known
and designated as Lots 1 through 39 on
a certain map entitled "Map of Highland
Estates at Cutohogue, Town of Southold,
Suffolk County, N.Y." filed in the office
of the Clerk of the County of Suffolk on
~he 26th day of April, 1977, as Map No.
6537.
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WHEREAS, the Declarant desires to make this Declara~ic
setting forth reservations, restrictions, covenants, conditions
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and agreements, subject to which the property shown on said map
now held and shall be sold and conveyed.
NOW, THEREFORE, the aforedescribed premises shall be
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subject to the following covenants and restrictions which shall
run with the land:
1.
Definition of lot:
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A "lot" is such parcel as is
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separately numbered as a lot on the aforesaid map.
2. No lot shall be subdivided, sold or conveyed, ex-
cept as a whole, without the written consent" of the Declarant
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and the consent of the Planning Board of the Town of Southold.
3. No lot shall be imprc;ved or have placed or main-
tained thereon any structure other than a single family dwelling,
not to exceed two stories in height with an attached private gar-
age for not more than three (3) automobiles. A two-story dwelling
shall co~tain a first floor area of not less than 1,000 square
feet and a one-story dwelling shall contain a floor area of not
less than 1,200 square feet exculsive of an attached garage, car-
port, open breezeway, patio, terrace or basement.
4. No building or structure shall be.erected on any
lot nor shall the exterior of any building or structure be altered,
except in accordance with the plans and specifications therefore
which have received prior written approval of the Declarant. All
dwellings and structures shall conform to all applicable codes and
regulations .of the .Town of Southold, and no variance thereof may
be obtained without written approval of the Declarant. No part of
any dwelling or garage shall be construct~d on anyone lot within
50' of the front line or 25' of the side lines. Asbestos siding
.1 and flat roof construction shall not be used on any d\'lelling
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or structure.
Two copies of proposed plans and specifications
shall be returned to the owner with such approval endorsed thereon.
If the Declarant shall neither approve or disapprove the plans and
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specifications within 30 days after they have been submitted to an(
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received, the plans and specifications shall be deemed approved
5. No mobile type home or trailer shall be kept, use'
moved or allowed on said premises regardless of the size, with
exception of a boat trailer or camper which shall be stored in
enclosed garage. This restriction does not include contractor',
trailers, etc. when used during the construction of a house', pr'
viding same shall be removed from the premises upon completion '
the house construction.
6. No lot shall be used or maintained for any purpos'
other than a one-family residence. No trade or business shall
conducted on any lot. Specifically excepted' from this restrict
however, is the practice of medicine, dentistry, law orarchite.
ture, providing the profession ~oes not exceed the licensed pra
itioner and one assistant.
.7. No obnoxious or offensive activities shall be car
ried on upon any lot, nor shall anything be done on a lot which
may become an annoyance or nuisance to the neighboring properti
Owners will mai~tain the premises in a neat condition with gras
not to exceed 6" in height.
8. No animals or livestock of any kind shall be main
tained on the premises except domestic animals which shall be
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housed in the dwelling.
9. No fences or exposed clotheslines shall be erecte
or h~dges grown upon the property without prior written approva
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of the Declarant, except a fence extending from the rear line 0
the..residence to the rear of the lot and along the rear line of
the lot, but same shall not exceed 4' in height.
10. All exterior construction, including roof, exteri,
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walls, painting, windows, doors and landscaping shall be completed
within one (1) year from the date construction commences. The
Declarant will provide curb cuts in the center of the plot but the
road shoulder to be installed by the Purchaser shall be paved or
black top.
11. The Declarant reserves the right to dedicate all
streets, roads, drainage areas and easements to the Town of South-
aid for highway and drainage purposes.
12. The Declarant has set aside and reserves for recre-
ational area the parcel appearing on the Map of Highland Estates
as "Park" subject to the following conditions:
(a) The Declarant reserves the right to convey the fee
title to the aforesaid "Park" as shown on the filed map as well
as any rights and duties of this Declarant hereunder, to a duly
incorporated assocaition of the owners of the real property af-
fected by these covenants and restrictions.
(b) Each owner of a lot on said map shall automatically
become a member of any property owners association hereinafter in-
corporated. Each lot on the filed map shall be entitled to one
(1) vote in said association.
.,;. (c) The use of the "Park" shall be in accordance with
such rules. and regulations as may be promulgated by the Declarant;
providing, however, that said "Park" is to be left in open space
in its natural state.
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(d) The property owners association referred to shall
be .50 organized to assure each owner of the lots shown on said map'
a right to ownership and right to use the roads and "Park" in com-:
man with all others entitled thereto. Each lot on the filed ma;:>
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shall be subject to an annual charge for each calendar year and
such amount fixed by the Declarant, or property owners associatio
as successor, not exceeding, however, in anyone year the sum of
$25.00 unless agreed upon by a majority of the lot owners on said;
map. Such charge shall become due on the 15th day of January of
each ,year and shall thereafter become a lien on said property and
shall continue to be such lien until fully paid. Such charge
shall be payable to the Declarant, or the property o\mers associ-
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ation, and must be devoted to the maintenance of the "Park" and
other community purposes beneficial to the real property above
described.
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13.
The premises designated as "75 HIGHLAND ROAD CORP."
located on the southeasterly portion of the aforesaid map and morE
particularly described as follows:
Lying and being at Cutchogue, in the Town
of Southold, County of Suffolk, and State
of New York, designated as 75 Highland
Road Corp. on Map of Highland Estates at .
Cutchogue, Town of Southold, Suffolk County,
New York, filed in the Office of the County
Clerk of Suffolk on April 26, 1977 as Map
No. 6537, said parcel being more' fully de-
scribed as follows:
BEGINNING at a point on the northerly line
of the Main Road (N.Y.S. Rte. 25) at the
southeasterly corner of the premises de-
scribed and the southwesterly corner of
land of Presbyterian Church; running thence
along said land of Presbyterian Church,
North 440 39' 10" l~est, 255.78 feet to Lot
No. 39 on said map; running thence along
said lot South 320 47' 20" \'lest, 51.12 feet
to the easterly line of Highland Road; run-
ning thence along said line the following
four (4) courses and distances: (1) South
570 12' 40" East, 18.99 feet; (2) on a course
to the left with a radius of 463.60 feet, a
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shall he held as open space and no buildings or structures of any I
distance of 157.04 feet; (3) South 370 48'
10" East, 40.00 feet; (4) on a course to
the left with a radius of 25 feet, a dis-
tance of 39.27 feet to the northerly line
of the Main Road; running thence along said
line North 520 II' 50" East, 21.06 feet to
the point, or place of BEGINNING;
type shall be erected thereon. Decla,rant reserves the right to
transfer title to these premises to the Presbyterian Church.
14. These covenants and restrictions shall run with the
land hereby conveyed and shall bind and inure to the benefit of
the said parties hereto, their heirs, administrators and assigns
until January 1, 2000, and said covenants and restrictions may be I
enforced by action for damages or injunctions or both until the I
first day of January, 2000. \
? 15. '.rhe Declarant hereby reserves the right to alter, I,
, modify, extend, terminate or annul any of these covenants in whol .
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or in part, without the consent of any person.
16. Invalidation of any of the aforesaid covenants and
restrictions by, judgment or court order shall not effect any of
the other provisions which shall remain in full force and effect.
Failure to enforce any provisions herein contained in any part-
icular.~nstance shall not be deemed a waiver of the right to~o
so as to a~y continuing, subsequent or other violation.
The term Declarant shall be construed as if it read
"Dec,larant, its successors and assigns." ,
IN NITNESS \'lIIEREOF, the Declarant has duly executed
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this Declaration the day and year first above written.
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75 HIGHLAND ROAD.CORP.
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STATE OF NEW YORK)
: ss.:
COUNTY OF SUFFOLK)
On the 1st day of August, 1977, before me personally came
Bart J. Piscitello, to me known, who, being by me duly sworn, .
did depose and say that he resides at 2 Feeks Lane, Lattington,
New York; that he is the vice President of 75 Highland Road Corp.
the corporation described in and which executed the foregoing
instrument; that he knows the seal of said corporation; that the
seal affixed to said instrument is such seal; that it was so
~ffixed'by order of the Board of Directors of ,said corporation,
and tbat he signed his n~ thereto ~1~~
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. . WILLFA)! WICK1Ulf '.
NOTARYPOBLlC:SXATH OF NEW YOU
N.. 52.4259000
Cl~.lified 1.0 Sut/oll< CountT
-;rttt4 E%pira. Harch 30. 197 "I
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