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HomeMy WebLinkAbout1000-79.-5-20.13SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tlrpe of Instrument: DECLARATION COVENANT/RESTRICTI Number of Pages: 6 District: Section: Block: 1000 079.00 05.00 EF~INED ~\~ CHARGED AS FoLLows Received the Following Fees For Above Instrument Exempt Page/Filing COE TP-584 Cert. Copies SCTM $18.00 NO Handling $5.00 NO NYS SURCHG $0.00 NO Notation $0.00 NO RPT $0.00 NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Recorded: At: LIBER: PAGE: ~ Lot: 020.014 $5.00 $15.oo $o.oo $50.00 $93.00 02/14/2003 04:14:23 PM D00012235 628 Exempt NO NO NO NO Edward P.Romaine County Clerk, Suffolk County Number of pages TORRENS Serial #, Certificate # Prior Cfi. # ~ Deed / Mortgage Instrument Page / Filing Fee Handling .. TP-584 Notation EA-52 17 (County) R.P.T.S.A. - Comm. of Ed. 500 Affidavit Certified Copy Reg. Copy Stamp Date Initials j Satisfactions/Er Deed / Mortgage Tax Stamp FEES Sub Total Sub Total GRAND TOTAL Real Property Tax Semite Agency Verificmion Dist. { Section I B lo~ I T.~* __ 1000 07900 0500 020014 1000 07900 0500 020015 __ Recording I Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. 0r Spec./Add. TOT. MTG. TAX Dual Town~ Dual County ~ Held for Apportionment ~ Transfer Tax MansiOn Tax · The property covered by this mortgage is or will be improved by a one or two family dwelling only. i YES__ or NO. ~'" If NO, see appropriate tax clause on page # ~ of this instrument. 6~ Community Preservation Fund Consideration Amount $ ..... ~.~ ~s~ ~'roperty Owners ~ailing Address RECORD & RETURN TO: CPF Tax Due $ Improved facant Land 'ED TD TD Name { Title # Suffolk County Recording & Endorsement Page Fitle Company Information This page forms pa~ of the attached Declaration of Covenants and Restrictions: (SPEOFY TYPE OF rNSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of Southold JOHN L. HURTADO, SR., CHRISTINE C. HURTADO, JOHN L. HURTADO, JR. AND DEBRA J. HURTADO TO TOWN OF SOUTHOLD , made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the ~ 4.~ day of July, 2002, by JOHN L. HURTADO, SR., CHRISTINE C. HURTADO, JOHN L. HURTADO, JR., and DEBRA J. HURTADO, residing at 10995 North Bayview Road, Southold, New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at North Bayview Road, Southold, Towxt of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the ToWp. of 'Southold for approval to set off an 8.00 acre parcel from the remainder of the property, in a subdiVision shown on map prepared by Fox Land Surveying, dated July 8, 2002, known as Set-Off for Christine C. Hurtado, John L. Hurtado, Sr., Debra J. Hurtado and John L. Hurtado, Jr., and '., WHEREAS, for and in consideration of the granting of setoff approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said parcels that the 8.00 acre parcel (Parcel 2) on said map, not be further subdivided, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the 'Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest-of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. DECLARANT agrees and consentS that there shall be no further subdivision of Parcel 2 on said Map, consisting of an 8.00 acre parcel, which parcel is more fully described in Schedule B hereto, in perpetuity. 2. This prohibition on further subdivision shall not apply to Parcel 1 on said Map, consisting of a 16.04 acre parcel more fully described in Schedule C hereto. IN WITNESS WHEREOF, the Declarant above named has executed the I%regoing Declaration the day and year first above written. Hurtado, Sr. ,[", Christine C. ~m' Lt. l~i~tado, Jr.y --~l~ebraJ~. Hu~rtado STATE OF NEW YORK: :SS COUNTY OF SUFFOLK: On July ~, in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared John L. Hurtado, Sr. and Christine C. Hurtado, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. ,//// 1// ~_._ .. Nots/y Public ~ "u ..~o.. 52-4642871 .._ u tamed In Suffolk ~ STATE OF.NEW YORK: :SS COUNTY OF SUFFOLK: On July o0 , in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared John L. Hurtado, Jr., and Debra J. Hurtado, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the -. re:C&Rpbnfs N ~r~'~/~ic ,--- NO. 01ZA4S4S721 OUALI~ED ~J SUFFOLK COUNTY .COM~[SSIGN ~PIRES JANUARY 2~, ~9~ All that certain plot, piece or ~.,~cel of land, situate, lying and being at Bayvi~.., in the Town of Southold, County of Suffolk and the State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Northerly side of North Bayview Road, said point being situate the following nine courses and distances from the intersection of the northerly side of North Bayview Road and the Easterly side of Reydon Drive 1. Easterly along the Northerly side of North Bayview Road 598.12 feet to the Easterly line of Subdivision Map "Reydon Court" filed in the office of the Clerk of Suffolk County as file number 8395; 2. Thence South 74 deg. 42 min. 10 sec. East along the Northerly side of North Bayview Road 387.78' feet to a point; 3. Thence North 20 deg. 47 min. 00 sec. East along the Westerly side of land now or formerly James C. Boyle lit & Patricia Boyle and land now or formerly Joan L. Rocchetta & Robert A. Rocchetta and land now or formerly George J. Berry, Jr. 760.00 feet to a point; 4. Thence South 85 deg. 19 rain. 00 sec. East along land now or formerly George J. Berry, Jr, 260.00 feet to a point; · 5. Thence South 04 deg. 41 min. 00 sec. West along land now o~' formerly George J. Berry, Jr. 170.00 feet to a point; 6. Thence South 38 deg. 07 min. 00 sec. West along land now or formerly George J. Berry, Jr. and land now or formerly Joan L. Rocchetta & Robert A. Rocchetta 29.84 feet to a point; 7. Thence South 64 deg. 26 min. 50 sec. West along land now or formerly Joan L. Rocchetta & Robert A. Rocchetta 331.77 feet to a point; 8. Thence South 03 deg. 21 min. 20 sec. East along land now or formerly James C. Boyle III & Patricia Boyle 262.16 feet to the northerly side of North Bayview Road; 9. Thence North 64 deg. 26 min. 50 sec. East along the Northerly side of North Bayview Road 554.14 feet to the point or place of beginning; RUNNING thence from said point or place of Beginning North 00 deg. 50 min. 23 sec. East 574.03 feet to the Southerly line of land now or formerly Peconic Land Trust; Thence South 70 deg. 48 min. 10 sec. East along land now or formerly Peconic Land Trust 60.00 feet to a point; Thence North 20 deg. 47 min. 00 sec. East along land of Peconic Land Trust, land of Lorraine M. Comell & Clifford C. Cornell, Jr. and land of Clifford Cornell & Ruth Cornell 1212.18 feet to the high water mark of SoUthold Bay; Thence South76 deg. 13 min. 29 sec. East along the high water mark of Southold Bay 156.86 feet to the Westerly line of Eleanor M. Kerester & Jamal Manassah; Thence along the Westerly line of land now or formerly Eleanor M. Kerester & Jamal Manassah the following two courses and distances; 1. South 16 deg. 04 min. 40 sec. West 460.56 feet to a point; 2. South 16 deg. 50 min. 40 sec. West 885.54 feet to land now or formerly of Daniel Scotto & Janice Curry Scotto; Thence along land now or formerly of Daniel Scotto & Janice Curry Scotto the following three courses and distances; 1. North 70 deg. 20 min. 00 sec. West 20.55 feet to a point; 2. South 23 deg. 10 min. 20 sec. West 222.83 feet to a point; 3. South 19 deg. 51 min. 50 sec. West 112.35 feet to the Northerly side of North Bayview Road; Thence South 64 deg. 26 min. 50 sec. West along the Northerly side of North Bayview Road, 131.00 feet to the point or place of BEGINNING. SCMEI~ULE "C" All that certain plot, piece or parcel of land, situate, lying and being at Bayview in the Town of Southold, County of Suffolk and the State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of North Bayview Road, said point being situate 598.12 easterly from the intersection of the northerly side of North Bayview Road and the easterly side of Reydon Drive; RUNNING thence from said point or place of beginning North 20 degrees 47 minutes 00 seconds East along the easterly side of Subdivision Map "Reydon Court" filed in the office of the Clerk of Suffolk County as file number 8395, :~:[17.84 feet to the southerly line of land now or formerly of Peconic Land Trust; THENCE South 70 degrees 48 minutes 10 seconds East along land now or formerly of Peconic Land Trust, 740.30 feet to a point;' THENCE South 00 degrees 50 minutes 23 seconds West along land of Christine C. Hurtado, `1ohn L. Hurtado, Sr., Debra `1. Hurtado & John L. Hurtado, Or., 574.03 feet to the northerly side of North Bayview Road; THENCE South 64 degrees 26 minutes 50 seconds West along the northerly side of North Bayview Road 554.14 feet to land now or formerly .lames C. Boyle III & Patricia Boyle; THENCE North 3 degrees 21 minutes 20 seconds West along land now or formerly 0ames C. Boyle III & Patricia Boyle 262.16 feet to land now or formerly `loan L. Rocchetta & Roberta A. Rocchetta; THENCE along land now or formerly 3oan L. Rocchetta & Robert A. Rocchetta and land now or formerly of George .1. Berry, 3r., the following four courses and distances; 1. North 64 degrees 26 minutes 50 seconds East 331.77 feet to a point; , 2. North 36 degrees 07 minutes 00 seconds East 29.84 feet to a point; 3. North 04 degrees 41 minutes 00 seconds East :L70.00 feet to a point; 4. North 85 degrees 19 minutes 00 seconds West 260.00 feet to the easterly side of a private 50 foot wide right of way; THENCE South 20 degrees 47 minutes 00 seconds West along the easterly side of said right of way 760.00 feet to the northerly side of North Bayview Road; THENCE North 74 degrees 42 minutes 10 seconds West along the northerly side of North Bayview Road, 387.78 feet to the point or place of BEGINNING. Said parcel consists of 16.04 acres.