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HomeMy WebLinkAbout1000-109.-1-8.5 .10455 11;485 .. ;J!l)fnJ ed , t- ~~\~2. \ Of/'. _>,,7,. ~ 4. i::o;'-__ . I ~" -', . ,~"1'..' , ,,:,~s- . ,/ ~=~:.<> lOcO 5. oq. (j/ Ol'cO r:f) . t::iJ:> 6. . . DD8LARATION OF COVENANTS AND RESTRICTIONS FOR JAMES E. CROSS This Deelaration, made the 19th day of October, 1987, by James E. Cross, residing at (no #) Main Road, Cutchogue, New York 11935. WITNESSETH Wffi,REAS, James E. Cross is the owner in fee simple of certain premises situate at Cutchogue, Town of Southold, Suffolk County, New York, describ~d on the Suffolk County Tax Map as District 1000, Section 109, Block l,Lot 8.5 and as more fully described in the attached "S.chenule A" and WHEREAS, the Southold Town Planning Board, by Resolution made on 1lay 11, 1987, approved the set-off of an 78,500 sq~are :"oot parcel from 28.5 acres located on 1~ain Road, shown on map of Roderick Van Tuyl Le. dated April 3, 1986, and amended June 25, Septembnr 9, and September 17 of 1987. WHBREAS, the Southold Town Planning Board approved said set-off subject to certain Covenants and Restrictions to be filed in the Office c~ the Clerk of the County of Suffolk. NOW, THE.REFORE, in compliance with the Resolution of said Southold TowQ Planning Board, Declarant herein declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: 1. There shall not be any vehicular ingress and egress on Main Road for Parcell. Said restriction shall be noted on the map to be filed in the County Clerk's office. An easement shall be created to provide for a common driveway to serve as access on Main Road for Parcels 1 and 2 to minimize the number of points of ingress and egress along the road. All driveways on garcel 2 shall have an angle of at least 700 and preferably 90 with Main Road, the state road. All stormwater runoff resulting from the development and improve- ment of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow onto the right-of-way of Main Road. A buffer or conservation easement at least 50 feet in width shall be established on Parcel 1 along Main Road to help preserve the natural vegetation along the road, particularly ground cover, so as to enhance the aesthetics of the road, contribute to the pre- servation of residential amenities from traffic activities and noise, and to help minimize the erosion potential. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the shore- line of the pond on the property. 7. No stormwater runoff resulting from the development and improve- ment of the subdivision or any of its lots shall be discharged directly into the pond on the property. , . . ./2 10455 P&486'-r~ ., 8. Erosion and stdiment contro~ measures shall be required during and. immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into the wetlands within the property. 9. All prospective owners of lots within this subdivision shall be advised that this subdivision is' located within one mile of Mattituck Air Base and, therefore, may be subjected to noise emanating from the facility and from aircraft flying overhead or nearby. 1 D. All residential structures that are erected within this sub- o division 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 Develop- ment or 'other authority that has promulgated standards for reduction of interior noise levels. II' OR') "v,,\ d,..~Ia.I\a.Lrn ~e. l. I I ru Lrb /01/ L/ 1~/ls ~'~ hJ (of!/L~QJ +i)L c\t~QJUp+IOr7 . J p()S! E. CROSS STATE OF NEW YORK, COUNTY OF SUFFOLK I SS, On this;l.8 day of October, 1987, before me personally came Jh....e7 t., (l 12.P:;5 to me known and know 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. j ~ 7f/lA ~ tu JuxvO NOTARY PUBLIC NEIL W. TONER' Holary Public. State of New y. No. 4854162 Qualified in Suffolk County 8smmillt:'Ll" EltpiieS U10/l~ STATE OF NEW YORK 55.: 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 R!,,\ord) DO _ . ';lFREBY 9ER}IFY that I have compared the annexed copy of ~ IV' ~U"'1 f<.,/bUlPC;<- 0Yl (ll.c/.<. 5'1 /71") {l., /: I) p,., ..... ;r...J...u /,:1 VJ-:J- ;? If' F-.J~ and that it is a just and true copy of such original ~ ~ and of the whole thereof. . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this ;; .f day of &if 19 J71 .................................~.a.~k. Form No. 104 12-109:1/.4 . .lQ~55. .J1487 SCHEDt'LE A . . j 1 j J i I 1 r',",~:.~ming: at a mO:1:.lment on the northerly line of Main Road at the ~~()cthwes terly corner of land of Conrad Alec, and running thence Elong said northerly line of Main Road two coursesl (:) S. 590 59' 20" w. - 206.)) feet, thence (;~) S. 720 27' 40" w. - 2)0.02 feet to land of Bagenski, thence along said land of Bagenski two courseSl (1.) N.240 00' )0" W. - 142.07' feet, thence Co) N. ,260 25' 50" w. - 198.05 feet to land of Wm. Lowe, thence along said land of Lowe five courses I (1) ~. 340 22' 10"~. ))7.82 feet; thence C~)- 20 17' )0" E. 61.99 feet, thence CJ)~ .. .200 51' 20" ':. 112.)6 feet; thence (L,) 310 17' 10" ;':. 1)4.)1 feet; thence (5) 's. 6)0 )4' 10" "i. - )45.1) feet to land of Bagenski, N. 260 25' 50" Vi. - '114.26 feet; thence continuing along said land of Bagenski and along land of Cross, N. 250 54' )0" \1. - 1018.64 feet; thence contlnuin'g along said land of Cross, N. 250 40' 00" w. - 264.50 feet to land now or formerly of Suter, thence along said land, N. 270 11.' 00" ':1. - 829.88 feet to land now or formerly of Kurkowski; thence along said land, two coursesl (1.) N. 7:30 52' 10" E. - )06.84 feet; thence (;0) N. .560 45' 20" E. - 70.56 feet to land now or formerly of Island Vineyards; thence along said land, seven coursesl (1.) S. 270 52' 20" E. - 1266.42 feet; thence (2) N. 620 07' 40" E. - 100.0 feet, thence (:l) S. :270 52' 20" E. - )70.0 feet; thence (L,) N. 62007' 40" E. - '125.0 feet; thence (5) S. 270 52' 20" E. - 70.0 feet; thence (6) N. 620 07' 40" E. - 75.0 feet; thence (7) S. 270 52' 20" E. - 587.6) feet.to land of George Alec; thence along said land, two coursesl (1.) S. 660 02' 50" W. - )00.70 feet; thence (2) S. 240 )4' 10" E. - )10.89 feet to land of Conrad Alec, thence along said land, S. 280 58' 00" E. - 140.0 feet to the point of beginning. Containing 28,5 acres. .. i j 1 1 Subject to a right-of-way running from the southwesterly corner of land of Lowe southerly along other land of Cross, 280 feet, more or less, to Main Road, said right-of-way being 10 feet wide at said _. of Lowe and 25 feet wide at !~ain Road. Also subject to an additional 's-inv ease:nent TIrovidin~ for a total rizht-~f-way of 40 foot width e,y'-'- . ">et. . 10448 PG281. . DECLARATIONS OF COVENA~~S AND RESTRICTIONS FOR JAMES E.CROSS This Declaration, made the 19th day of October, 1987, by James E. Cross, residing at (no #) Main Road, Cutchogue, New York 11935. WITNESSETH WHEREAS, James E. Cross is the owner in fee simple of certain premises situate at Cutchogue, Town of Southold, Suffolk County, New York, described on the Suffolk County Tax Map as District 1000, Section 109, Block 1, Lot 8.5 and as more fully described in the attached "Schedule A" \~\Qnand WHEREAS, the Southold Town Planning Board, by Resolution made on- D\ May 11, 1987, approved the set-off of an 78,500 square foot parcel n II from 28,5 acres located .on Main Road ~ shown on map of Roderick Van Tuyl P.C. dated April 3, 1986, and \amended June 25, September 9, and September 17 of 1987. ~ WHEREAS, the Southold Town Planning Board approved said set-off sub- ject 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 conveyed subject to the following covenants and restrictions which shall run with the lands ~ ~W Ill. )I'OD 105cOJ J ~d)5 I /1) . 2. o There shall not be any vehicular ingress for Parcell. Said restriction shall be filed in the County Clerk's office. and egress on Main Road noted on the map to be ~ (p8 dO An easement shall be created to provide for a common driveway to serve as access on Main Road for Parcels 1 and 2 to minimize the number of points of ingress and egress along the road. 3. All driveways on Parcel 2 shall have an angle of at least 700 and preferably 900 with Main Road, the state road. ..r'- .- 10448 PG282 . . ~ 4. All stormwater runoff resulting from the development and improve- ment of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow onto the right-of-way of Main Road. 5. A buffer or conservation easement at least 50 feet in width shall be established on Parcel 1 along Main Road to help preserve the natural vegetation along the road, particularly ground cover, so as to enhance the aesthetics of the road, contribute to the pre- servation of residential amenities from traffic activities and noise, and to help minimize the erosion potential. 6. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the shore- line of the pond on the property. 7. No stormwater runoff resulting from the development and improve- ment of the subdivision or any of its lots shall be disCharged directly into the pond on the property. 8. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious -_ materials into the wetlands within the property. 9. All prospective owners of lots within this subdivision shall be advised that this subdivision is located within one mile of Mattituck Air Base and, therefore, may be subjected to noise ~ emanating from the facility and from aircraft flying overhead or nearby. 10. All residential structures that are erected within this sub- division shall be constructed using materials and techniques that will reduce interior noise levels in accordance with the recom- mendations of the Department of Housing and Urban Development or other authority that has promulgated standards for reduction of interior noise levels. ~ S L!1 d<<-r~ H 10448 rf.283 · DESCRIPTION . . ., ,/-..--- . ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southcld, Suffolk County, New York, bounded and described as follows I BEGINNING at the southwesterly corner of this parcel on the northerly line of the Main (State) Road running thence along the land of Begenski Estate four courses as follows I (1) North 240 00' )0" West, 142.07 feet; thence (2) North 260 25' 50" West, 492.)8 feet; thence ()) North 250 54' )0" West, 1018.64 feet; thence (4) North 250 40' 00" West, 264.50 feet; thence along land now or formerly of Martin Suter North 270 11' 00" West,829.88 feet; thence along land now or formerly of Peter Kurkowski two courses as followsl (1) North 7)0 52' 10" East, )06.84 feet; and thence (2) North 560 45' 20" East, 6)0.04 feet; thence along land now or formerly of DeForest Horton South 270 44' 40" East, 869.76 feet; thence along land now or for- merly of John Doroski Estate two courses and distances as follows I (1) South 620 i)' )0" West, 555.06 feet; thence (2) South 270 52' 20" East, 1457.08 feet; thence along other land of the party of the first part of South 240 J/.j.' 10" East, )10.89 feet; thence along land of Conrad Alec South 280 58' 00" East, 140 feet to the northerly line . of said Main (State) Road; thence along said line of Main (State) "\Road two courses as follows I (1) South 590 59' 20" West, 206.)) feet and (2) South 720 27' 40" West, 2)0.02 feet to the point or place of beginning. . . . IN WIT1I,'ESS WHEREOF, the foregoing Declaration has been executed by t vames E. Cross, on thd'lv and year first abovE'; written. t , ( \ '" I Al\lES_E. CROSS STATE OF NEW YORK ss.: County of Suffolk r, 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 ~~-,0 ~..,--1J.<:t .:l.o,I'tf17d~'3..-Pf'Y/~ ~ /0'-14/(''' :>I?/ and that it is a just and true copy of such original ~ 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 ~ 196' 7 -1lI .................................Ft1.~k. Form No. 104 "t JIf;YJ 12-'09, "84 . . ./ '+ . . '\. 10448 pC284 STATE OF NEW YORKI COUNTY OF SUFFOLK I SSI On thi~O~day Of~~~ .1987. before me personally came ~ ,...es c.. (!t2o'::> S. 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. Rtf( LUCILLE EHRET Notary Public. State of New York No. 4669631 Qualified In Suffolk Counh ~onE,p"e' MZ~ a.. /.eI >:I ARY PUBLIC 21'75 UNnOJ ~10JJnS :Hi ~tlJl:J ""1]8NI)I'V 1113:,nr LB. lid SE Z Ol 130 JcAw\'e,S (;. CfO~.s ~oi\ 130 C vh ~\ 06v-V J Ne,w Yo rk \l3!(JlIO~ JV II ~ 3 ~ SC;U:::.::: A . Beginning at a monument on the northerly line of Main Road at the southwesterly corner of land of Conrad Alec, and running thence along said northerly line of Main Road two courses I (1) S. 590 59' 20" W. - 206.33 feet; thence (2) S. 720 27' 40" W. - 230.02 feet to land of Bagenski, thence along said land of Bagenski two coursesl (1) N. 240 00' 30" W. - 142.07 feet; thence (2) N. 260 25' 50" w. - 198.05 feet to land of Wm. Lowe, thence along said land of Lowe five coursesl (1) N. 840 22' 10" E. - 337.82 feet; thence (2) N. 20 17' 30" E. - 61.99 feet; thence (3) N. 200 51' 20" W. - 112.36 feet; thence (4) N. 310 17' 10" W. - 134.31 feet; thence (5) s. 630 34' 10" W. - 345.13 feet to land of Bagenski, N. 260 25' 50" w. - 114.26 feet; thence continuing along said land of Bagenski and along land of Cross, N. 250 54' 30" w. - 1018.64 feet; thence continuing along said land of Cross, N. 250 40' 00" W. - 264.50 feet to land now or formerly of Suter; thence along said land, N. 270 11' 00" W. - 829.88 feet to land now or formerly of Kurkowski; thence along said land, two coursesl (1) N. 730 52' 10" E. - 306.84 feet; thence (2) N. 560 45' 20" E. - 70.56 feet to land now or formerly of Island Vineyards; thence along said land, seven coursesl (1) S. 270 52' 20" E. - 1266.42 feet; thence (2) N. 620 07' 40" E. - 100.0 feet; thence (3) S. 270 52' 20" E. - 370.0 feet; thence (4) N. 620 07' 40" E. - '125.0 feet; thence (5) S. 270 52' 20" E. - 70.0 feet; thence (6) N. 620 07' 40" E. - 75.0 feet; thence (7) S. 270 52' 20" E. - 587.63 feet'to land of George Alec; thence along said land, two coursesl (1) S. 660 02' 50" W. - 300.70 feet; thence (2) S. 240 34' 10" E. - 310.89 feet to land of Conrad Alec; thence along said land, S. 280 58' 00" E. - 140.0 feet to the point of beginning. Containing 28.5 acres. Subject to a right-of-way running from the southwesterly corner of land of Lowe southerly along other land of Cross, 280 feet, more or less, to r!ain Road, said right-of-way being 10 feet wide at said land of Lowe and 25 feet wide at Main Road.