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DECLARATION OF COVENANTS AND RESTRICTIONS
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DECLARATION made this II - day of v1A"",(,,>,f'Y, 1995,
by ROBERT A. GRAEB and PHYLIS A. GRAEB, his wife, residing at
22425 Route 48, Cutchogue, New York 11935, hereinafter called the
"Declarants."
WHEREAS, the Declarants have title to certain land situate,
lying and being at Cutchogue, Town of Southold, Suffolk County,
New York, said land being more particularly described in Schedule
A attached hereto; and
WHEREAS, the Declarants have applied to the Planning Board of
the Town of Southold for a two lot setoff of the property
described in Schedule A, as shown on "Setoff Map for Robert A.
Graeb and Phylis A. Graeb at Cutchogue, Town of Southold, Suffolk
County, N.Y." prepared by Peconic Surveyors, P.c., dated August 3,
1993, last revised 9/21/94; and
WHEREAS, the Planning Board of the Town of Southold on
February 9, 1994, required certain covenants and restrictions be
placed on the property described in Schedule A, as a condition for
final approval of the setoff.
subject to the following covenants and restrictions:
NOW, THEREFORE, the premises described in Schedule A shall be
1. In the event Lot Number 1, as shown on the "Setoff Map
for Robert A. Graeb and Phylis A. Graeb at Cutchogue, Town of
foot wide right-of-way to Middle Road (C.R. 48) will be
Southold, Suffolk County, N.Y." is subdivided in the future, a 25
constructed with a pavement width as required by the Town of
Southold Highway Specifications for road improvements in effect at
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the time of construction. Said 25 foot wide right-of-way will
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include the present 15 foot wide accessway from Middle Road
(C.R. 48) to Lot Number 2 as shown on the aforesaid setoff map.
2. This subdivision is located near an existing landfill
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site and near an existing gun club.
3. These covenants and restrictions can be modified only at
the request of the then owner of the premises with the approval of
a majority plus one of the Planning Board of the Town of Southold
after a public hearing. Adjoining property owners shall be
entitled to notice of such public hearing but their consent to
such modifications shall not be required.
4. The foregoing covenants and restrictions shall bind the
Declarants, their heirs, successors and assigns, and any and all
person or persons who shall succeed to the ownership of said
premises of any part thereof by transfer or otherwise.
IN WITNESS WHEREOF, the Declarants have caused their hands
and seals to be affixed this
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day of January, 1995.
STATE OF NEW YORK:
SS. :
COUNTY OF SUFFOLK'
On this II 'ft day of January, 1995, before me personally
came ROBERT A. GRAEB and PHYLIS A. GRAEB, to me known to be the
individuals described in and who executed the foregoing
instrument, and acknowledged that they executed the same.
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Notary blic
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i SCHEDULE A
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AL~ that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying
and being at Cutchogue, Town of Southold, County of ~uffolk
and State of New York, bounded and described as follows:
WJ BEGIilINING at a point on the northerly side of Middle
Road, C.R. NO. 48 formerly known as C.R. No. 27, which point
marks the point where the easterly line of land now or
formerly of I.P. Krupski intersects the said northerly side
of Middle Road; running thence North 490 09' 10" West along
said land now or formerly of I.P. Krupski, 635.14 feet to
land now or formerly of Julius Skirel; thence North 470 IS'
00. West along said land now or formerly of Julius qkirel,
1,127.91 feet; thence North 700 26' 20. Bast along other land
now or formerly of Julius Skirel, 287.18 feet to land now or
forme~ly of T. and F.. Shalvey; thence South 470 30' 30. Bast
along said land now or fo~merly of T. and F.. Shalvey and
along land now or formerly of Mary C. Newham. 1,761.56 feet
to the northerly side of Middle Road; thence South 710 30'
00. West along the northerly side of Middle Road, 275.05 feet
to the point o~ place of BF.GI~NING.
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