HomeMy WebLinkAbout1000-112.-1-7
.
.
.
DECLARATION OF COVENANTS AND RESTRICTIONS
Declaration, made the 1& day of Dee ,2002, by Edward W.
Harbes III and Monica J. Harbes, residing at 715 Hallock Lane,
Mattituck, NY 11952, hereinafter referred to as the Declarant.
WHEREAS, the Declarant is the owner of certain real property
situate at Hallock Lane, Mattituck, Town of Southold, County of
Suffolk and State of New York, knows as SCTM# TM 1000-112-01-07.
WHEREAS, the Declarant has made application to the Planning
Board of the Town of Southold for approval of one set off known
as "Harbes set off," as prepared by Stanley J. Isakson, Licensed
Surveyor, and to be filed in the Suffolk County Clerk's Office;
and
WHEREAS, for and in consideration of the granting of
subdivision approval, the Planning Board of the Town of Southold
has required a covenant that the driveway be used in common for
both lots and that the owners of said lots shall be responsible
to maintain the roadway 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 premises described in
Schedule "A" annexed hereto shall hereafter be subject to the
.
.
~
following covenant which shall run with the land and shall be
binding upon all purchases and holders of said premises, their
heirs, executors, legal representatives, distributees, successors
and assigns, to wit:
1. Lots 1 and 2 shall share a common driveway from Sound
Avenue to the southernly boundary of Lot 1 as shown on the map.
The owner of the property now or formerly of Harbes located in
the northeast corner shall have a right of way for ingress and
egress over said driveway from Sound Avenue northerly to Lot 1,
set forth in deeds of record.
2. The common driveway shall be constructed by the Declarant
in accordance with the requirements of the Town of southold
Planning Board. Thereafter, Lot 1 shall have the obligation to
maintain the driveway and to share equally in such expense, in
common with the Harbes property, one-sixth of such expense to be
attributable to each lot. Maintenance shall include filling pot
holes and irregularities as needed; periodic scraping or
resurfacing; plowing for snow removal; and such other routine
maintenance and driveway repairs as are necessary to maintain the
driveway, as constructed in accordance with applicable Town of
Southold Planning Board specifications, in good condition. The
maximum speed permitted for the driveway shall be 15 mph, or as
otherwise agreed by the owners of Lots 1. The Harbes property
shall not be required to share the cost of snow removal if the
residence is not occupied during the period when snow removal is
required.
3. These covenants and restrictions can be modified only at
.
.
.
the request of the then owner of either lot with the approval of
a majority of the Planning Board of the Town of Southold after a
public hearing. The property owner of the other lot in the
subdivision shall be entitled to notice such public hearing but
his consent to such modification shall not be required.
IN WITNESS WHEREOF, the Declarant above named has executed
the foregoing Declaration the day and year first above written.
~h~1lE
Edward W. Harbes III
~1iijk~
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.:
On the ~ day of })E~.dOOa. ,in the year 2002, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Edward W. Harbes III and Monica J. Harbes, personally
known to me or proved to me on the basis of satisfactory evidence
that he/she executed the same in this capacity and that by his
signature on the instrument, the individual, or the person or
entity upon behalf of which the individual acted, executed the
instrument.
-kJiwuo
. otary Public
IlANC'tT.l'USCO
NMyNlk, ....1lI....YaIl
Nt..,~
QIIIIIod II SIM CIIuNW
ConlIIlIIIlon I!llpnI JaIl. 20, toI2J