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Home My WebLink About1000-101.-2-19' SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: Number of Pages: 5 DECLARATION COVENANT/~ESTRICTI District: Section: Block: 1000 101.00 02.00 Recorded: At: LIBER: PAGE: E~AMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $15.00 NO Handling COE $5.00 NO NYS SURCHG TP-584 $0.00 NO Notation Cert. Copies $5.00 NO RPT SCTM $0.00 NO THIS PAGE IS Fees Paid A PART OF THE INSTRUMENT 12/06/2002 12:01:41 PM D00012223 943 Lot: 019.000 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $75.00 Edward P.Romaine County Clerk, Suffolk County Number of pages ~'~ TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Page / Filing Fee Handling Deed / Mortgage Tax Stamp FEES TP-584 Notation EA-52 17 (County). Sub Total EA-5217 (State) R.P. TS.A. Comm. of Ed. Reg, Copy Other Sub Total Grand Total District Real Property Tax Service Agency Verification Section Block Lot Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ?":5-' Co. Name Title # t~:ECOR['.E['. 2002 Eec 06 i2,"0!:4! Pt't Ed,,Jard P. Ron,~J.r-,e CLEF:K OF SUFFOLK C OU~.!T '...' L D00012223 P 943 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town __ Dual County __ Held for Appointment 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. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD Title Com 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Dr" C/~d/"~ t[o,'J ~4' ~o ~/r'.qfiW~¢f; O- ~e.5~ric '¢,'¢,., s' made by: (SPECIFY TYPE OF INSTRUMENT) ~"~'67 ~ 5 The premises herein is situated in ~'-~ qc~' ~5~ e SUFFOLK COUNTY, NEW YORK. TO /' In the Township of %£t 4 ~t,'~'I In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this -/ day of December, 2002 by BRUCE M. ISAACS, residing at 5290 Alvahs Lane, Cutchogue, NY 11935, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at 5290 Alvahs Lane, Cutchogue, NY, containing 7.32 acres, and known and designated on the Suffolk County Tax Map CSCTM") as #1000-101-2-19, being the same property conveyed to Declarant by deed recorded on 4/22/83, in Liber 9346 at page 512 (the "premises"); J'~ ~ .,c~-}, e'c0C~4 '/~ WHEREAS, Declarant intends to set-off 1.37 acres of said premises for residential purposes and desires to subject said premises to reservations, restrictions, conditions, covenants, and agreements; WHEREAS, This is a clustered set-off, the remaining acreage (.63) that is not included within Lot 2 (the 1.37 acre set-off ) must be sterilized and cannot be calculated within any future yield. NOW THEREFORE, Declarant does hereby warrant, covenant and represent the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises by acceptance of a deed thereto covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth: 1. Only one residence shall be constructed on each parcel of said premises; 2. The premises shall not be further subdivided into perpetuity; That all of thc covenants, conditions and restrictions contained herein shall be construed as running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises in perpetuity; and That said covenants, conditions and restrictions shall be binding upon and be enforceable by Declarant, their heirs, successors and assigns, any owner of any portion of the premises, their heirs, successors and assigns and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. I If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, 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 pan so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. /N WITNESS WHEREOF, DECLARANT has caused his hand and seal to be affixed this ) day of December, 2002. BRUCE M. IS~CS To BE USED ONLY WHEN THE ACKNOWLEDGMENT Is MADE IN NEW YORK STATE STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the t4 t--,...., day of December in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared BRUCE M. ISAACS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instmmem and acknowledged to me that he/she/they executed same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (si~'nature ~nd offic~'~4ff~the person acknowledgment) taking TATE OF NEW YORK :)UNTY OF SUFFOLK SS: :DWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF ')EED LIBER '/,~ ~'--~'--~'--~'--~_"~ AT PAGE ~'~ RECORDED I,~ ~OG--O ~ ID THAT IT IS A JUSCAND TRUE COPY OF~UCH ORIGINAL DECLARATION AND OF THE WHOLE EREOF. TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID UNTY AND COURT THIS ~ DAY OF[~...7_ Odo~ CLERK Zooo SEC o 201.00 BLOCK 02.00 I~T and State o~ Ney York, being ~ded a~ descrt~ BEGI~Z~G at a ~int on the easterly sLde o~ the s~ is 1nteFsected by ~e flor~egly 1~ ~nq ~sland hil R~dz ~nning thence North 33 a3ong the Easteg2y side c~ Alv~*s ~e~ 398.02 n~ o: fo~rly of S~chik; ~ence ~tth 55e saLd land fl~ or lo--Fly o~ S~h~ 748.26 34° ~9' 20° ~st, st111 a~ong sa~d lnd n~ or Smichik, 45X.65 f~t to ~e Nog~e:ly l~e of o19.000 f! of ~ Long Island ~mtl Road; thence South 59° 56* 40' Mest, ~ alon~ sa~d land of the Long Island Ea£1 Road, 755.97 feet to the If ,~ Easterly s£de of Alv&hOs Lane mt the point or pi&co of BEGINNllG. ~EXNG a~d £ntended to be the prea~sem ¢onve~ed to tho l:~ty of J; the first pa~ hereby by deed dated June 30, 1977, recorded ~Ln · r . /J., the Suffolk County Clerk*s Office on June 30, 1977 ~n Liber 8261 ~ ::~/ 1~ of Deed at Page 529° '7 il Sub~ect to all co*.'enants, restrictions, agreements and encumbrance, record. DECLARATION OF COVENANTS AND RESTRICTIONS '3[ DECLARATION made this(~'~ day of November, 2002 by BRUCE M. ISAACS, residing at 5290 Alvahs Lane, Cutchogue, NY 11935, hereinafter referred to as "Declarant." WlTNESSETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at 5290 Alvahs Lane, Cutchogue, NY, containing 7.32 acres, and known and designated on the Suffolk County Tax Map ("SCTM") as #1000-101-2-19, being the same property conveyed to Declarant by deed recorded on 4/22/83, in Liber 9346 at page 512 (the "premises"); WHEREAS, Declarant intends to set-off 1.37 acres of said premises for residential purposes and desires to subject said premises to reservations, restrictions, conditions, covenants, and agreements; WHF-REAS, This is a clustered set-off, the remaining acreage (.63) that is not included within Lot 2 (the 1.37 acre set-off ) must be sterilized and cannot be calculated within any future yield. NOW THEREFORE, Declarant does hereby warrant, covenant and represent the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinat~er set forth, and that every purchaser of said premises by acceptance of a deed thereto covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinat~er set forth: I. Only one residence shall be constructed on each parcel of said premises; The premises shall not be further subdivided into perpetuity; J3£C uz 2002 $outhold Town Ptanning That all of the covenams, conditions and restrictions contained herein shall be construed as running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises in perpetuity; and That said covenants, conditions and restrictions shall be binding upon and be enforceable by Declarant, their heirs, successors and assigns, any owner of any portion of the premises, their heirs, successors and assigns and the Town of Somhold and its successors and assigns, and the failure of any of the foregoing to enforce any such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereat~er. I If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, 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 otber than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by thek provisions to be incorporated herein and made a part hereof; as though fully set forth.