HomeMy WebLinkAbout1000-112.-1-111746 404
DI~iKICT
BLOCK
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012.000
DECLARATION OF COV~qAN~ A~ RE~'£~IC~fIONS
DECLARATION made this ~ day of March, 1985, by ~£~ LWNZ
and PATRICIA L~Z~Z, residing at (no #) M~4n Road, Peconic, New York,
hereinafter referred to as "Dec~rants";
WHEREAS, Declarants are the owners in fee simple of a certain
parcel of land situate on a Private Road off Sound Avenue in Mattituck,
Town of Southold, County of Suffolk and State of New York, being the
pr~mises described in deed dated May 11, 1984 made by E. Wallace
Rothmayer and Ruth Brett Rothmayer to Peter Lenz and Patricia Lenz,
recorded in the Suffolk County Clerk's Office on May 23, 1984 in Liber
9567 at page 304, and deed dated May 11, 1984 made by E. Wallace
Rothmayer and Ruth E. Rothmayer to Patricia Lenz, recorded in the
Suffolk County Clerk's Office on May 23, 1984 in ~.~her 9567 at page
300, a metes and bounds description of which is shown on Schedule A
attached hereto and made a part hereof, hereinafter referred to as the
"pr~niees".
WHE~F~%S, Declarants in~end to subdivide said p~,&ses into
lots for residential purposes and desire to subject said premises to
cer*~n conditions, covenants and restrictions.
NOW, THEREFOr, Declarants do hereby declare that 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 or any
portion thereof, by the acoeptance 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.
ARTICLE I: No lot shall be subdivided or its lot lines
changed in any manner at any future date unless authorized by the
Southold Town Planning Board.
ARTICLE II: No residential structure or sanitary disposal
facility shall be installed or constructed within 100 feet of the t~p of
the bluff on Lot 2 (being the easterly half of the pr~nises described in
Schedule A). No new residential structure or new sanitary disposal
facility shall be installed or constructed within 100 feet of the top of
the bluff on Lot 1 (being the westerly half of the premises described in
Schedule A); except for renovations to the residence or extensions to
the South of the residence.
AI~IOLF. III: Clearing ar~ cutting of vegetation within 50
feet of the top edge of the bluff shall be limited to that neoessary for
maintenance and r~oval of dead or diseased vegetation.
A~.~. IV: No gr~ng shall be permitted within 50 feet of
the top edge of the bluff except that that may be necessary to control
or £~,edy erosion or to prevent ston~rater fr~n flowing over the edge of
the bluff.
AI~ICr~. V: No stozi~water runoff resulting f~,, the
development and improvement of the subdivision or any of its lots shall
be discharged down the face of the bluff in any manner.
The small shed that straddles the proposed lot
The southerly 50 feet of the p~a;,~ses shall be
reserved for future highway d~!cation to the Town of Southold.
ARTI~.W. VIII: These covenants and restrictions may be
modified at the request of the then owner of the premises with the
approval of a majority plus one of the Town Board of the Town of
Southold after public hearing on notice to adjoining property owners,
whose consent shall not be recp,~red.
]i~ WITNESS WHEREC~, Declarants have hereby executed this
Declaration of Covenants and Restrictions the~~q~ day of March, 1985.
A/
· Pm£Pm~ LENZ
: SS.:
COUNTY OF SUFFOLK)
On the~P~day of March, 1985, before me personally came P~'£~
T.WNZ and PATRICIA ~, to me known to be the individuals described in
and who executed the foregoing instrument, and acknowledged that they
SCHEDULE A
ALL that certain plot, piece or parcel of land, with the
buildings and tmprovemen.ts thereon erected, situate, lying and being
at Mattttuck, Town of Southold, county of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point marked by a concrete monument at the
southeasterly corner of land herein described and land now or formerly
of Anderson~
RUNNING THENCE along said land now or formerly of Anderson
North 20° 41' 00" West 916.00 feet to the mean high water line of Long
Island Sound;
Rb%qNING THENCE along said mean high water line of Long Island
Sound, the tie line being North 72° 42'. 30" East 200.33 feet to land
now or formerly of Maitrejean;
RUNNING THENCE along said land now or formerly of HaitreJean
South 20° 41' 00" East 907.00 feet to the southerly side of a 25 foot
right of way;
RUNNING THENCE along said right of way South 70° 08' 00" West
200.00 feet to the point or place of BEGINNING.
TOGETHER WITH AND SUBJECT TO a right of way 25 feet in width
to be used as a roadway along the southerly boundary of said land now
or formerly of Anderson to the roadway hereinafter described.
TOGETHER WITH AND SUBJECT TO a one-tenth undivided interest
in a strip of land or roadway 25 feet in width extending from the
southwesterly corner of la'nd now or formerly of Anderson to the North
Road and bounded further on the west by land now or formerly of Richard
and Helen Price and on the east by Koroleski, saia.strip of land to be
used as a roadway in common with Hattituck Perk Properties, Inc. or other
owners of said tract of 24.26 acres as above' described.