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HomeMy WebLinkAbout1000-115.-4-8.1 10386 AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS FOR JOHN. J. MISKA This Declaration, made the ~day of August, 1987, by JOHN J. MISKA, residing at (no #) Main Road, Mattituck, New York, 11952. WITNESSETH WHEREAS, JOHN J. MISKA, is the owner in fee simple of ~ertain premises situated at Mattituck, Town of Southold, Suffolk County, New York described on the Suffolk County Tax Map as ~istrict 1000, Section 115, Block 04, Lot 8.1 and, WHEREAS on the 15th day of April, 1987, Declarant did make a Declaration of Covenants and Restrictions affecting the aforesaid premises which Declaration was recorded by the Suffolk County Clerk, State of New York in Liber 10391z/page 62 and WHEREAS the description of the premises set forth in "Schedule A" of said Declaration did contain an error, NOW THEREFORE, to correct said error in the description of the premises set forth in Schedule A, the Declarant hereby declares that said description is hereby corrected as set forth in the ."Amended Schedule A" which is attached and made part of this Declaration. IN WITNESS WHEREOF, the foregoing Declaration has been executed by John J. Miska, on the day and year first above written. JoSh J. M~ka ' STATE OF NEW YORK: COUNTY OF SUFFOLK: SS.: On this z/~ day of /~£~-- , 1987, before me personally came John J. Miska, to me known and known to me to be the person described in and who executed the foregoing Declaration of Covenants and Restrictions, and he duly acknowledged to me that he executed the same. NO~RY--F0~L i C' DocId 080487.1 WILUAM D. MOORE Notify Publi0, $lSte of New YOIt No. 4832728 Quelifled in Suffolk County Commie~ion Expiree Jenuary 31, 1990 STATE OF NEW YORK 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 being a Court of Record) DO HEREBY CERTIFY that I have compared the annexed copy of ~ ~ ~~ just an~d ru-7(~ ;o~y2ofC~suc. c.c.c.~hC-~ori, igi/~na~l .~...~~~.~f~.S-;;~P and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this '~ day of ~ 19~=7 ~ ~ ~ Clerk. Form No. 104 ~2-~0e:~84 Schedule A Ail that certain plot piece or parcel of land lying and being in Mattituck, Town of Southold, Suffolk County, New York, being bounded and described as follows: BEGINNING at a point formed by the intersection of the easterly side of Marratooka Lane and the southerly side of Main Road (NYS Route 25); thence North 88 degrees 05 minutes 35 seconds East 663.10 feet along the southerly side of Main Road; thence South 3 degrees 21 minutes 18 seconds West 194.00 feet along land now or formerly of Antone C. and Georgia Adams; thence South 87 degrees 42 minutes 32 seconds East 99.70 feet along said land of Adams;thence North 88 degrees 51 minutes 18 seconds East 296.50 feet along the southerly boundary formed by lands now or formerly of Ernest W. Jones and land now or formerly of Charles C. and Elizabeth F. Gerber ; thence South 6 degrees 27 minutes 48 seconds West 328.15 feet along the westerly line of Mattituck Estates Inc. subdivision County file No. 4453; thence North 89 degrees 21 minutes 58 seconds East 244.89 feet, thence South 5 degrees 12 minutes 58 seconds West 409.91 feet along said land of Mattituck Estates, Inc.; thence South 6 degrees 26 minutes 08 seconds West 544.82 feet along said land of Mattituck Estates, Inc. to a point; thence South 79 degrees 41 minutes 35 seconds East 40~00 feet; thence South 8 degrees 29 minutes 15 seconds West 74.06 feet; thence West 84 degrees I1 minutes 15 seconds West 100 feet along the northerly line of land now or formerly Thomas J. & Ann Marie Williams; thence South 8 degrees 24 minutes 25 seconds West 200.00 feet to the northerly side of New Suffolk Avenue; thence along the northerly side of New Suffolk Avenue South 87 degrees 35 minutes 00 seconds West 597.12 feet to a point formed by the easterly line of land now or formerly Charles E. Miska; thence North 2 425.12 feet to a point; seconds East 67.09 feet; seconds East 112.59 feet; seconds West 409.17 feet, degrees 13 minutes 20 seconds East thence 88 South degrees 52 minutes 20 thence North 3 degrees 03 minutes 20 thence North 88 degrees 37 minutes 40 to a point; thence North 1 degree 22 minutes 20 seconds East 236.50 feet along land now or formerly Eugene H. Miska; thence North 88 degrees 37 minutes 40 seconds West 169.13 feet to the easterly side of Marratooka Lane; thence North 1 degree 22 minutes 20 seconds East 50.00 feet along the easterly side of Marratooka Lane; thence South 88 degrees 37 minutes 40 seconds East 150.00 feet along land now or formerly John J. Miska, Jr..; thence North 1 degree 22 minutes 20 seconds East 700.00 feet; thence North 88 degrees 37 Minutes 40 seconds West 150 feet along land now or formerly Jo~n L. Bruns & Delia Unkelbach to the eaterly side of Marratooka Lane; thence along the easterly side of Marratooka Lane North 1 degree 22 minutes 20 seconds East 200.00 feet to the place or point of BEGINNING 10361 PI] 62 DECLARATIONS OF COVENANTS AND RESTRICTIONS FOR JOHN J. MISKA This Declaration, made the ~S~day of~,~, 1987, by JOHN J. MISKA, residing at (no #) Main Road, Mattituck, New York 11952. WITNESSETH WHEREAS, JOHN J. MISKA, is the owner in fee simple of certain premises situate at Mattituck, Town of Southold, Suffolk County, New York, described on the Suffolk County Tax Map as . l~strict 1000., Section 115, 8.1 and Block 0_~4 ,Lot as more fully  described in the attached "Schedule a" and ~ WHEREAS, the Southold Town Planning~ Board, by Resolution ~made on September 15, 1986, approved the set-off of an 80,000 square foot parcel from 34.9 acres located between Main Road and New Suffolk Avenues as shown on map of Howard W. Young, N.Y.S.L.S., dated August 1, 1986, and re-dated August 15, 1986 WHEREAS, the Southold Town Planning Board approved said set- off subject to certain Covenants and Restrictions to be filed in the Office of the Clerk of the County of Suffolk, NOW, THEREFORE, in compliance with the Resolution of said Southold Town Planning Board, Declarant herein declares that the aforesaid land is held and shall be following covenants and restrictions land: 1. No any manner conveyed subject to the which shall run with the lot shall be subdivided or its lot lines changed in at any future date unless authorized by the Southold 10361 63 Schedule A Ail that certain plot, piece or parcel of land lying and being in Mattituck, Town of Southold, Suffolk County, New York, being bounded and described as follows: BEGINNING at a point formed by the intersection of the easterly side of Marratooka Lane and the southerly side of Main Road (NYS Route 25); thence North 88 degrees 05 minutes 35 seconds East 663.10 feet along the southerly side of Main Road; thence South 3 degrees 21 minutes 18 seconds West 194.00 feet along land now or formerly of Antone C. and Georgia Adams; thence South 87 degrees 42 minutes 32 seconds East 99.70 feet along said land of Adams; thence North 88 degrees 51 minutes 18 seconds East 296.50 feet along the southerly boundary formed by lands now or formerly of Ernest W. Jones and land now or formerly of Charles C. and Elizabeth F. Gerber; thence South 6 degrees 27 minutes 48 seconds West 328.15 feet along the westerly line of Mattituck Estates, Inc. subdivision County file No. 4453; thence North 89 degrees 21 minutes 58 seconds East 244.89 feet; thence South 5 degrees 12 minutes 58 seconds West 409.91 feet along said land of Mattituck Estates, Inc.; thence South 6 degrees 26 minutes 08 seconds West 544.82 feet along said land of Mattituck Estates, Inc. to a point; thence South 79 degrees 41 minutes 35 seconds East 40.00 feet; thence South 8 degrees 29 minutes 15 seconds West 74.06 feet; thence West 84 degrees 11 minutes 15 seconds West 100 feet along the northerly line of land now or formerly Thomas J. & Ann Marie Williams; thence South 8 degrees 24 minutes 25 seconds West 200.00 feet to the northerly side of New Suffolk Avenue; thence along the northerly side of New Suffolk Avenue South 87 degrees 35 minutes 00 seconds West 597.12 feet to a point formed by the easterly line of land now or formerly Charles E. Miska; thence North 2 degrees 13 minutes 20 seconds East 425.12 feet to a point; thence South 88 degrees 52 minutes 20 seconds East 67.09 feet; thence North 3 degrees 03 minutes 20 seconds East 112.59 feet; thence North 88 degrees 37 minutes 40 seconds West 409.17 feet to a point; thence North 1 degree 22 minutes 20 seconds East 236.50 feet along land now or formerly Eugene H. Miska; thence North 88 degrees 37 minutes 40 seconds West 169.13 feet to the easterly side of Marratooka Lane; thence North 1 degree 22 minutes 20 seconds East 50.00 feet along the easterly side of Marratooka Lane; thence South 88 d~grees 37 minutes 40 seconds East along land now or formerly John J. Miska, Jr.~~ thence North 1 degree 22 minutes 20 seconds East 700.00 feet; thence North ~ degrees 37 minutes 40 seconds West 150 feet along land now or formerly Joan L. Bruns & Delia Unkelbach to the easterly side of Marratooka Lane; thence along the easterly side of Marratooka Lane North 1 degree 22 minutes 20 seconds East 200.00 feet to the place or point of BEGINNING 10361 ti Town Planning Board. 2. Any subdivision of any part of this tract in the future shall have a map of the subdivision filed in the Office of the Suffolk County Clerk. 3. All new driveways on Main Road shall make an angle of at least 70 degrees with the state road. 4. Any new driveway on Main Road shall have a turnaround provision, such as a T-shaped shunt, so that a vehicle leaving a lot will not have to back out into the traffic stream on the road. 5. A short radius curve, preferably,a radius no greater than 20 feet, shall be provided at the corner of the intersection of Main Road and Marratooka Lane to facilitate turns at the corner and to enhance the streetscape. 6. No driveway or entrance road on Main Road and/or Marratooka Lane shall be located within fifty (50) feet of the ends of the short radius curve connecting the easterly side of Marratooka Lane with the southerly side of Main Road. 7. Ail storm water 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. All prospective owners of lots within this subdivision shall be advised that this subdivision is within one mile of Mattituck Airport and, therefore, may be subjected to noise emanating from the facility and from aircraft flying overhead or nearby. ].0361 9. Ail residential structures that are erected within this subdivision shall be constructed using materials and techniques that will reduce interior noise levels in accordance with the recommendations of the Department of Housing and Urban Development or other authority that has promulgated standards for reduction of interior noise levels. IN WITNESS WHEREOF, the foregoing Declaration has been executed by JOHN J. MISKA, on the day and year first above written. John J. Miska STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On this I~day of ~,~, 1987, before me. personally came JOHN J. MISKA, to me known and known to me to be the person described in and who executed the foregoing Declaration of Covenants and Restrictions, same o .. 2105 and he duly acknowledged to me that he executed the Notary Public No 4832728"-" '--' eorarni~sio~ ~.r~'.~u~°~ ~ DocId 041~87.006 ' RECORD & RETURN TO: William D. Moore, Esq. P.O. Box 23 Main Road Mattituck, NY 11952 LTATE OF NEW YORK 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 being a Court of Record) DO HEREBY CERTIFY that I have compared the annexed copy of .~<:.~oz~H.. .~1~)1~? ~) ,3:0~ P~4 ~ ~ /o3~1, p~ 6~-., and that it is a just and true copy of such original .,~-~-~a~.. z;~ and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this day of ~ 19o¢~ Form No. 104 Clerk.