HomeMy WebLinkAbout1000-107.-4-2.1DECLARATION OF COVENANTS, EASEMENTS, RESTRICTIONS AND
DEDICATION OF WOLF PIT ASSOCIATES (DECLARANT) OF WOLF
POND ESTATES AT MATTITUCK
PIT
THIS DECLARATION made on the date hereinafter set forth
by WOLF PIT ASSOCIATES, hereinafter referred to as "Declarant",
c/o SALAND REAL ESTATE,~Main Road, Jamesport, N.Y. 11947,
W I T N E S S E T H :
WHEREAS, Wolf Pit
Main Road, Jamesport, N.Y.
perry situated in District
Associates, c/o Saland Real Estate,
11947, is the owner of certain pro-
1000, Section 107, Block 4, P/O Lot 2.1,
which property is situate at Mattituck, in the Town of Southold,
County of Suffolk, State of New York, and which is shown on a
i~.y ~. !§9~t Mattituck, Town
final subdivision map prepared for Wolf Pit Associates by You~g &
Young,~ dated May 20, 1988 and £evised date of December 1, 1989,
and pa'~ticularly described on said map as Wolf Pit Pond Estates,
of Southold, Suffol'k County, Schedule A annexed
hereto.
WHEREAS, portions of said real property constitute a£eas
of n~u£al wetlands and scenic vegetation and these areas of scenic
beauty, openness and natural conditions, on said real p~ope£ty,
if retained, would enhance the present and potential value of
abutting and surrounding properties and would enhance the con-
servation of the wetlands and natural scenic vegetation and
resources, and
WHEREAS, it is the intention of the owners to crea~e and
preserve wetlands and scenic easements in those
,,., -1-
portions of the
;,, ': '. ZIUOJ. l'bOOJ.
hereinabove described property as shown on a final
map entitled "Wolf Pit Pond Estates"
Southold, Suffolk County, dated May
December 1, 1989, prepared by Young
subdivision
at Mattituck, Town of
20, 1988 and revised date of
& Young, and said designated
areas are described on said map as "Wetland and Natural Vegetation
Retention Buffer" and "Scenic and Natural Vegetation Retention
Buffer"; and
WHEREAS, the property herein described will be conveyed
by Declarant together with and subject to certain protective
covenants, conditions, restrictions, reservations, liens and
charges hereinafter set forth, and
WHEREAS, it is the intention of the owners that the
wetland and scenic easements together with its natural vegetation
and resources shall remain undisturbed and in its natural state,
and the same shall not be dedicated to any municipality having
jurisdiction thereof and that the sai~ owners, their successors,
grantees and assigns, reserve the right for the exclusive use of
those areas insofar as such use is not inconsistent with the
covenants, easements, and restrictions set forth herein and the
general public or any person for the use of the said wetland and
scenic easements, and
WHEREAS, the declarant has made application to the
PLanning Board of the Town of Southold, for final approval of the
aforesaid final subdivision map, and
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the granting of
WHEREAS, for and in consideration of the granting of
its approval, the Planning Board of the Town of Southold has
deemed it to be in the best interest of the Town of Southold, the
owner, and prospective owners of said subdivision that there be
front yard setbacks for the various lots along Mill Road; and
WHEREAS, for and in consideration of the granting of its
approval, the Planning Board of the Town of Southold has deemed it
to be in the best. interest of th~ Town of Southold, ~he owner, and
prospective owners of Lots 10, 11, 12 and 13 whose property are so
situated on a cul de sac as shown on said map and known as,
or be designated as, "Paddock Way" on said final plat, that such
use of said road/right of way shall be restricted for the use and
benefit of the owners of lots designated 10, 11, 12 and 13: and
FURTHER, that access by the owner and prosepctive owner
of Lot 9 to said road/right of way as shown or to be designated
"Padd0¢k~.Way~ls prohibited.
Young, and the Town of
Island Lighting
Lot 9 shall be~ accessible from Mill
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and revised on December 1, 1989, by YOung &
Southold shall accept, subject to the Long
'Company easement which exists thereat.
WHEREAS, for and in consideration of
said approval the Planning Board of the Town of Southold has
deemed it to be the best interests Of the Town of Southold and
the owner and prospective owners of said subdivision that there
be a dedication to ~he Town of Southold of land outside a thirty-
five degree turning radius at the intersection of Mill Lane and
Mill Road as shown on the said final map of Wolf Pit Pond Estates
at Mattituck, Town of Southold, Su£folk County, dated May 20, 1988.
Lane
only; and
WHEREAS,
said road/right of way/easement as shown
and/or to be designated as "Paddock Way" has been created to
benefit and shall be used exclusively by the said owners of Lots
10, 11, 12 and 13 that they shall share equally the responsiblity
and cost in the maintenance, repair, including but limiting thereto,
snow removal of said mutual road/right of way/easement.
NOW, THEREFORE, in consideration of Ten ($10.00) Dollars
and other good and valuable consideration, the receipt and suf-
ficiency of which is hereby acnkowledged, the Declarant hereby
declares that the property described above shall be held, sold,
and conveyed, subject to the following easements, restrictions,
reservations, covenants and conditions, all of which are for the
purpose of enhancing and protecting the value, desirability and
attractiveness of the real property. These easements, reservations,
covenants, restrictions and conditions shall run with the real
property and shall be binding on all parties having or
acquiring a right, title or interest in the property or any part
thereof and shall inure to the benefit of each such party.
1. That there shall be no further subdivision in per-
petuity of any of the lots within the subdivision as submitted
and filed and described as Wolf Pit Pond Estates at Mattituck,'
Town of Southold, Suffolk County.
2. That all successors, grantees and assigns of the
parcels/lots within the subdivision herein filed are hereby
advised that this subdivision lies within one mile of the
Mattituck Airport, Town of Southold.
3. That the land hereinbefore referred to as Wetland
and Natural Vegetation Retention Buffer and Scenic and Natural
Vegetation Retention Buffer, and as such easements are shown,
described and designated on the map entitled "Wolf Pit Pond
Estates" at Mattituck, Town of Southold, Suffolk County, dated
May 20, 1988 and revised date of December 1,1989, prepared by
YOung & Young, and as is intended to be filed simultaneously with
this declaration in the Office of the County Clerk of Suffolk
County and with the Town of Sou~hold Planning Board, and the same
is hereby executed and declared a Wetland and Natural Vegetation
Retention Buffer Easement and Scenic and Natural Vegetation
Retention Buffer Easement.
4. That the terms and conditions as set forth herein
apply to all land lying within the said wetland and natural vege-
tation easement and scenic and natural vegetation easement, as
areas are shown on the hereinabove mentioned map.
5. That the said owners, their successors, grantees or
assigns shall keep the said Wetland and Natural Vegetation Retention
Buffer Easement and Scenic and Natural Vegetation Retention Buffer
Easement open and free of buildings and other structures including
any billboards or advertising signs (the term "structure" and
"Building" shall be interpreted as including, but not limited to,
swimming pools, patios, storage buil(
of domestic animals, boat or other ti
retaining walls and bulkheads).
6. That the natural veget~
easements in its conditions shall remain
housing
vehicles,
natural state, and
minerals, shall[ be
shall be conducted
of fill shall be
)f said
undisturbed, and in its
to this end no top soil, sand, gravel, rock or
excavated nor removed therefrom, no grading
on the said designated areas and no planting
placed upon the said designated areas which
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would contribute to the erosion of the land, and no trees on the
said designated areas shall be cut or £emoved and no other plants-
or vegetation in said designated area shall be destroyed or
removed.
7. That there shall be no prohibition on the owners,
their successors, grantees or assigns, who may seek to traverse
said designated easement areas as the same may be traversed by a
walkway, whether elevated or on the ground, provided proper
wetland permits be obtained from the applicable agencies,
including the Board of Trustees of the Town of Southold and the
New York State Department of Environmental Conservation.
8. That any disturbance to the land within the
designated easement areas shall be redressed by the restoration
of s~id land to its prior natural state, within sixty (60) days
of the disturbance or of the date of the disturbance is reported to
either the Planning Board or the Bay Constable.
9. That the said owners, their successors, grantees or
assigns reserve the right for the exclusive use of those areas
within the confines of the lots affected by this Declaration
insofar as the use is not inconsistent with the purposes of this
covenant as set forth and the said owners, successors, grantees
and assigns may exclude the general public or any person or persons
from the use of that portion so designated on their premises~ except
that the Town of Southold shall have the right to enter the easement
are only where it exists on Lots 1, 2, 3 and 4 for the purpose of
maintaining the berm and vegetation so as to provide for the ongoing
functioning of the area for storm water drainage and retention
purposes.
10. That in consideration of the Town of $outhold's
approval of the final subdivision map as herein stated and its
acceptance of that portion of the lands outside of a thirty-five
degree turning radius at the intersection of Mill Lane and Mill
Road as shown on the final map of Wolf Pit Pond Estates at
Mattituck, Town of Southold, Suffolk County subject to the
easement of the Long Island Lighting Company thereat the
declarant dedicates that portion of the land to comply with the
required thirty-five degree turning radius at the intersection of
Mill Lane and Mill Road of the Town of Southold Planning Board.
11. That the following front yard setbacks shall be
complied with by the owner, prospective owners, their successors,
grantees and assigns as to the following lots along Mill Road,
as shown, described and designated on the map entitled "Wolf Pit
Pond Estates" at Mattituck, town of Southold, Suffolk County,
dated May 20, 1988 and the revised date of December 1, 1989,
prepared by Young & Young:
2 and 3 shall have a one hundred (100) foot front
Lots
yard setback;
Lots 1,
fifty (150) foot
12.
Planning Board
4, 5, 6, 7, 8 and 9 shall have a one hundred
front yard setback.
That in consideration of the Town of Southold Town
approval, the owner and prospective owners, their
successors, grantees and assigns of Lots 10, 11, 12 and 13 as shown,
described and designated on the map entitled "Wolf Pit Pond Estates"
at Mattituck, Town of Southold Suffolk County, dated May 20, 1988,
and the revised date of Decembec 1, 1989, prepared by Young & Young,
and said road/right of way/easement designated "Paddock Way"
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¢
on said final plat shall be for the use and benefit exclusively
for the owners of said Lots 10, 11, 12 and 13:
FURTHER, that access by the owner, prospective owner,
its successors, grantees or assigns, or Lot g to said road/
right of way/easement designated "Paddock Way" is prohibited.
Accessibility to Lot 9 shall be from Mill Lane only.
13. That the owners, prospective owners, successors,
grant~es and assigns, of Lots 10, 11, 12 and 13, shall have an
unobstructed easement of said road/right of way/easement for
purposes of ingress and egress to their respective lot.
14. Further, that said exclusive owners, propsective
owners, successors, grantees and assigns, of Lots 10, 11, 12 and
13, shall be responsible and make payment of all maintenance and
repairs, including but not limited to the removal and clearance
of snow, each of said owners so benefited shall share equally the
cost and expense and contribute equal'amounts as required.
15. That these declarations and dedication shall run
with the land and shall be binding upon and inure to the benefit
of the owners of the respective parcels, their grantees, assigns,
and all persons hereinafter owning or occupying the premises
affected by the same.
16. That these declarations and dedication may be
by proceedings at law or inequity, and that the invalidation
herein shall in no way invalidate
enforced
of one or more of the provisions
the remaining provisions herein.
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IN WITNESS WHEREOF, the parties have affixed their hand
and seal hereto, this day of , 1990. .
STATE OF NEW YORK
County of Suffolk
SS.:
I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State
of New York in and for said County (said C~urt bei,qg a Court of Record) DO HEREBY CERTIFY that
I have compared the annexed copy of ,~.2~' ·
and mat it is a just and trde copy of such original .-'l,,/-.-~'~ ~ and
of the whole thereof.
IN TESTIMONY WHEREOF, IhavehereuntosetmyhandandaffixedthesealofsaidCounty
and Court this L/ day of
Form No. 104
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a~ Ma~tituck, Town of Southold, County of Suffolk and State of New York,
6ounded and described as follows:
BEGINNING at a monument on the~northerly line of the "Old Road" 29~.89
feet westerly along sa~d northerly line from Mill Lane, said point of
beginning be~n9 the southwesterly corner of )and of Bmockbank; from said
point of beginning running along said northerly line and along the
northwester)y and then the westerly line of said "Old Road" four courses:
~) South 35 degrees'54 minutes 38 seconds West 66.85 feet; thence
2) South 9 degrees 6 minutes 18 seconds West ~20.34 feet to a monument;
thence
3) South 6 degrees 29 minutes ~2 seconds East 78.5~ feet to a monument
thence
~) South ~0 degrme~ 23 minute~ E2 secen.d$ East 158.05 feet'%o
or formerly ~o M~ttituck Park District; thence along said land, three
courses:
~) South 78 degrees 6 minutes a8 seconds West 24.26 feet; thence
2) South 42 degrees 59 minutes 38 seconds West 732.~7 feet;
3) thence South 39 degrees 37 minutes 22 seconds East ~28.46 feet to the
Westerly side of Wickham Avenue (Middle road-CR 27);
THENCE along said Wester!y line, South 52 degrees 6 minutes 54 s~cond~
West 20.01 feet; to land now or formerly of Frances A. Tut~lll;
THENCEEa]ong other land now or formerly of Frances A. TuthiIl, Ralph W.
Tuthill,sr., Ralph Tuthill,jr., Frances TuthlI1, Dean F. TuthiI1, and
Lois T. Nerr,~the~fo~lowlng two courses:
l) North 39 degrees 37 minutes 22 seconds West 613.76 feet; thence
2) South 83 degrees 6 m~nutes 38 seconds West 298.19 feet to ordinary
high water m~rk of Long Creek;
THENCE Northerly along the following slx
high water mark of Long Creek;
l)
tie lines followieg the approximate
North 16 degrees 45 minutes 36 secoDds East gO.~O feet; and
Nort~ 16 d~grees 33-mEnote~ 51 se:on~s West 132.89 feet;
-:' 4.) 'North
5) Norht
3 Gegrees
53 degrees 08 minutes 13 seconds West 51.23 feet;
23 degrees 04 minutes 15 s~conds Vest 115.25 feet:
6) North 31 degrees 56 minutes 51 seconds East 67.05 feet to a point;
THENCE along said land now or formerly of Grace. L. Schantz the following
five (5) courses and distaoces:
l) North 62 degrees 03 minutes
2) North 31 degrees 24 minutes
3) North 32 degrees 30 minutes
4) North 28 degrees 47 minutes
5) North 30 degrees 31 minutes 51 seconds west 907.98 feet to a
monument on the southerly line of Mill Road;
THENCE along said southerly line the following two courses and
distances:
1) North 71 degrees 19 minutes 49 seconds East 475.19 feet to a
point;
2) North 67 degrees 05 minutes 09 seconds East 323.41 feet to the
intersection formed by the southerly side of "Mill Road" and the
westerly side of "Mill Lane";
Thence along said westerly line the following two courses and
distances:
1) South 32 degrees 54 minutes 52 seconds East 1199.69 feet;
2) South 32 degrees 26 minutes 2 seconds East 1087.63 feet to a
monument and land now or formerly of Fanning; Thence along said
land of Fanning and land now or formerly of Brockbank south 57
degrees 25 minutes 18 seconds West 283.83 feet to a monument;
thence South 57 degrees 25 minutes 18 seconds West 266.67 feet to
a point; thence south 32 degrees 34 minutes 42 seconds East
150.0~ feet to a point; thence ncrth 57 degrees 25 minutes 18
seconds East 266.67 feet to a point; thence south 32 degrees 34
minutes 42 seconds east 152.17 feet to a monument at the point or
place cf
19 seconds East 489.40 feet to a monument;
41 seconds West 8~C89 feet to a monument;
51 seconds West 209.52 feet':to a monument;
12 seconds West 220.92 feet to a monument;
STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.:
~ns~D~,r~a~eO~ ~wn~a-
came DAVI n nd' 1990, before me personally
known to me to be the indivi-
dual described and is a managing general partner of Wolf Pit
Associates, and authorized to execute the foregoing instrument,
and he duly acknowledged to me that he executed the same.
~N~ARY PUBLIC /
LAURIE E. GRAEB
Notary Public, State of New YoH{
No. 4821818, Suffolk County,.½,
Term Expires September 30, 19/c'
STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.:
On this3 day of ~6t~ , 1990, before me personally
came LUIS SAN ANDRES, to me kndwn and known to me to be the indi-
vidual described and is a managing general partner of Wolf Pit
Associates, and authorized to execute the foregoing instrument,
and he duly acknowledged to me that he executed the same.
NOTARY PUBLIC
LAURIE E. GRAEB
Notary Public, State o! New York
· 4821818. Suffolk County
TerNn~ Expires September 30, 19
DECLARATION OF COVENANTS, EASEMENTS, RESTRICTIOS~S AND
DEDICATION OF WOLF PIT ASSOCIATES (DECLARANT) OF WOLF PIT
POND ESTATES AT MATTITUCK
THIS DECLARATION made on the date hereinafter set forth
by WOLF PIT ASSOCIATES, hereinafter referred to as "Declarant",
c/o SALAND REAL ESTATE, Main Road, Jamesport, N.Y. 11947,
W I T N E S S E T H :
WHEREAS, Wolf Pit Associates, c/o Saland Real Estate,
Main Road, Jamesport, N.Y. 11947, is the owner of certain pro-
perty situated in District 1000, Section 107.00, Block 04.00, P/O
Lot 002.001, which property is situate at Mattituck, in the Town
of Southold, County Suffolk, State of New York, and which is
shown on a final subdivision map prepared for Wolf Pit Associates
by Young & Young, dated May 20, 1988 and revised date of December
1, 1989, and particularly described on said map as Wolf Pit Pond
Estates, at Mattituck, Town of Southold, Suffolk County, Schedule
A annexed hereto.
WHEREAS, portions of said real property constitute areas
of n~t~ral wetlands and scenic vegetation and these areas o~ sce-
nic beauty, openess and natural conditions, on said real pro-
perty, if retained, would enhance the Dresent and potential value
of abutting and surrounding properties and would enhance the con-
servation of the wetlands and natural scenic vegetation and
resources, and
WHEREAS, it is the
preserve wetlands and scenic
intention of the owners to create and
easements in those portions of the
- 1 -
hereinabove described property as shown on a final subdivision
map entitled "Wolf Pit Pond Estates" at Mattituck, Town of
Southold, Suffolk County, dated May 20, 1988 and revised date of
December 1, 1989, prepared by Young & Young, and said designated
areas are described on said map as "Wetland and Natural Vegetation
Retention Buffer" and "Scenic and Natural Vegetation Retention
Buffer"; and
WHEREAS,
the property herein described will be conveyed
by Declarant together with and subject to certain protective
covenants, conditions, restrictions, reservations, liens and
charges hereinafter set forth, and
WHEREAS, it
wetland and scenic
tion and resources
is the intention of the owners that the
easements together with its natural vegeta-
shall remain undisturbed and in its natu£al
state, and the same shall not be dedicated to any municipality
having jurisdiction thereof and that the said owners, their suc-
cessors, grantees and assigns, reserve the right for the exclu-
sive use of those areas insofar as such use in not inconsistent
with the covenants, easements and restrictions set forth herein and
the said owners, successors, grantees and assigns may exclude the
genral public or any person from the use of the said wetland and
scenic easements, and
WHEREAS, the declacant has made application to the
Planning Board of the Town of Southold, for final approval of the
afocesaid final subdivision map, and
- 2 -
~EREAS, for and in consideration of the granting of
said approval the Planning Board of the Town of Southold has
deemed it to be to the best interests of the Town of Southold and
the owner and Drospective owners of said subdivision that there
be a dedication to the Town of Southold of land outside a thirty-
five degree turning radius at the intersection of Mill Lane and
Mill Road as shown on the said final map of Wolf Pit Pond Estates
at Mattituck, Town of Southold, Suffolk County dated May 20, 1988
and revised on December 1, 1989 by Young & Young, and the Town of
Southold shall accept, subject to the Long Island Lighting
Company easement which exists thereat.
NOW, THEREFORE, in consideration of Ten ($10.00) Dollars
and other good and valuable consideration, the receipt and suf-
ficiency of which is hereby acknowledged, the Declarant hereby
declares that the proDerty described above shall be held, sold,
and conveyed, subject to the following easements, restrictions,
reservations, covenants and conditions, all of which are for the
purpose of enhancing and Drotecting the value, desirability and
attractiveness of the real property. These easements, reser-
vations, covenants, restrictions and conditions shall run with
the real property and shall be binding on all parties having or
acquiring a right, title or interest in the property or any part
thereof and shall
1. That
petuity of any of
inure to the benefit of each such party.
there shall be no further subdivision in per-
the lots within the subdivision as submitted
- 3
and filed and described as Wolf Pit Pond Estates at Mattituck,
Town of Scuthold, Suffolk County.
2. That all successors, grantee~ and assigns of the
parcels/lots within the subdivision herein filed are hereby
advised that this subdivision lies within one mile of the
Mattituck Airport, Town of Southold.
3. That the land hereinbefore referred to as Wetland
and Natural Vegetation Retention Buffer and Scenic and Natural
Vegetation Retention Buffer, and as such easements are shown,
described and designated on the map entitled "Wolf Pit Pond
Estates" at Mattituck, Town of Southold, Suffolk County, dated
May 20, 1988 and revised date of December 1, 1989, prepared by
Young & Young, and as is intended to be filed simultaneously with
this declaration in the Office of the County Clerk of Suffolk
County and with the Town of Southold Planning Board, and the same
is hereby executed and declared a Wetland and Natural Vegetation
Retention Buffer Easement and Scenic and Natural Vegetation
Retention Buffer Easement.
4. That the terms and conditions ~s set forth herein
a~Dly to all land lying within the said wetland and natural vege-
tation easement and scenic and natural vegetation easement, as
areas are shown on the hereinabove mentioned map.
5. That the said owners, their successors, grantees or
assigns shall keep the said Wetland and Natural Vegetation Reten-
tion Buffer Easement and Scenic and Natural Vegetation Retention
- 4 -
Buffer Easement open and free of buildings and other structures,
including any billboards or advertising signs (the term
"structure" and "building" shall be interpreted as including,
but not limited to, swimming pools, patios, storage buildings,
structures for housing of domestic animals, boat or other trailers,
recreational vehicles, retaining walls and bulkheads).
6. That the natural vegetaion and resources of said
easements in its condition shall remain undisturbed, and in its
natural state, and to this end no top soil, sand, gravel, cock or
minerals, shall be excavated nor removed therefrom, no grading
shall be conducted on the said designated areas and no planting
or fill shall be placed upon the said designated areas which
would contribute to the erosion of the land, and no trees on the
said designated areas shall be cut or removed and no otheri.p~ants
or vegetation in said designated areas shall be destroyed or
removed.
7. That there shall be no prohibition on the owners,
their successors, grantees or assigns, who may seek to traverse
said designated easement areas as the same may be traversed by a
walkway, whether elevated or on the ground, provided proper
wetland permits be obtained from the applicable agencies,
including the Board of Trustees of the Town of Southold and the
New Yo~k State Department of Environmental Conservation.
8. That any disturbance to the land within the
designated easement areas shall be redressed by the restoration
- 5 -
of said land to its prior natural state,~ within sixty (60) days
of the disturbance or of the date of the disturbance is reported to
either the Planning Boad or the Bay Constable.
9. That the said owners,~ their successors~ grantees or
assigns reserve the right for the exclusive use of those areas
within the confines of the lots affected by
insofar as the use is not inconsistent with
covenant as set forth and the said owners,
and assigns may exclude the general public
from the use of that portion so designated
this Declaration
the purposes of this
successors, grantees
or any person or persons
on their premises, except
that the Town of Southold shall have
area only where it exists on Lots 1,
maintaining
functioning
purposes.
10.
approval of
the right to enter the easement
2, 3 and 4 for the purposes of
the berm and vegetation so as to provide for the ongoing
of the area for storm water drainage and retention
That in
the final
consideration of the Town of Southold'~m
subdivison map as herein stated and its
acceptance of that portion of the lands outside of a thirty-five
degree turning radius at the intersection of!~Mill Laneland Mill
Road as shown on the final map of Wolf Pit Pond Estates at
Mattituck, Town of Southold, Suffolk County and subject to the
easement of the Long Island Lighting Company thereat the
declarant dedicates that portion of the land to comply w~th the
required thirty-five degree turning radius at the intersection of
Mill Lane and Mill Road of the Town of Southold Planning Board.
- 6 -
11. That these declarations and dedication shall run
with the land and shall be binding upon and inure to the benefit
of the owners of the respective parcels, {heir grantees, assigns,
and all persons hereinafter owning or occupying the premises
affected by the same.
12. That these declarations and dedication may be
enforced by proceedings at law or in equity, and that the invali-
dation of one or more of the provisions herein shall in no way
invalidate the remaining provisions herein.
IN WITNESS ~EREOF, the parties have affixed their hand
seal hereto, this day of January, 1990.
and
AIl tha~ certai~ ~lot,
at Mattituck, Town of
hounded and described
p~ece or parcel of land, situate, lying and being
Southold, County of Suffolk and State of New York,
as follows:
BEGINNING at a monument on the~northerly line of the "Old Road" 291.89
feet westerly along said northerly line from Mill Lane, said point of
beginning being the southwesterly corner of ]and of Bmockbank; from said
point of beginning running along said northerly line and along the
northwesterly and then the westerly line of said "Old Road" four courses:
l) South 35 degrees'54 minutes 38 seconds West 66.85 feet; thence
2) South 9 degrees 6 minutes 18 seconds West 120.34 feet to a monument;
thence
3) South 6
thence
4) South 10
degrees 29 minutes 12 seconds East 78.51 feet to a monument
degr,es 23 minutes 52 seconds East 158.05 feet-to la-~ nn,,
or formerly to Mattituck Park District; thence along said land, three
courses:
l} South 78 degrees 6 minutes 48 seconds West 24.26 feet; thence
2) South 42 degrees 59 minutes 38 seconds West 732.17 feet;
3) thence South 39 degrees 37 minutes 22 seconds East 128.46 feet to the
Westerly s~de of Wickham Avenue (Middi: road-CR 27};
I~)kNUE along said Westerly line, South 52 degrees 6 minutes 54 s~cone~
West 20.01 feet; to land now or formerly of Frances A. Tutn~li;
THENCEFalong other land now or formerly of Frances A. Tuthiil, Ralph W.
Tuth~ll,sr., Ralph Tuthill,jr., Frances TuthilI, Dean F. Tuth~ll, and
Lois T. Herr,~theefo~lOwing two courses:
1) North 39 degrees 37 minutes 22 seconds West 613.76 feet; thence
2) South 83 degrees 6 minutes 38 seconds
high water m~rk of Long Creek;
THENCE Northerly along the following s~x
h~gh water mark of Long Creek;
1) North 16
2~ North 16
West 298.19 feet to ordinary
tie lines following the
degrees 45 minutes 36 secouds East gO.50 feet; and
degrees 33 m£uutes 51 seconds West 132.89 feet;
approximate
3) t;orth
4) North
5) Norht
6) North
THENCE al
five (5)
1) North
2) North
3)
4)
5)
3 degrees
53 degrees 08 minutes
23 degrees 04 minutes
31 degrees 56 minutes
cng said land now or formerly of
courses and distances:
Jtes 22 seconds East 1 ;
13 seconds West 51.23 feet;
15 seconds We~t 115.25 feet;
51 seconds East 67.05 feet to a point;
Grace. L. Schantz the following
62 degrees
31 degrees
32 degrees
28 degrees
03 minutes
24 minutes
30 minutes
47 minutes
19 seconds East 489.40 feet to a
41 seconds West 8~8g feet to a
51 seconds West 209.52 feet':to a
12 seconds West 220.92 feet to a
907.98 feet to
North
North
North 30 degrees 31 minutes 51 seconds west
monument;
monument;
monument;
monument;
32 degrees 34 minutes 42 seconds East
thence north 57 degrees 25 minutes 18
to a point; thence south 32 degrees 34
152.17 feet to a monument at the point or
a point; thence south
150.00 feet to a point;
seconds East 266.67 fee~:
minutes 42 seconds east
place cf ~ESI~INS.
monument on the southerly line of Mill Road;
THENCE along said southerly line the following two courses and
distances:
1) North 71 degrees 19 minutes 49 seconds Zast 475.19 feet to a
point)
2) North 67 degrees ~5 minutes ~9 seconds East 323.41 feet to the
intersection formed by the southerly side of "Mill Road" and the
westerly side of "Mill Lane";
Thence along said westerly line the following two courses and
distances:
l) South 32 degrees 54 minutes 52 seconds East 1199.69 feet;
2) South 32 degrees 26 minutes 2 seconds East 1~87.63 feet to a
monument and land now or formerly of Fanning; Thence along said
land of Fanning and land now or formerly of Brockbank south 57
degrees 25 minutes 18 seconds West 283.83 feet to a monument;
thence South 57 degrees 25 minutes 18 seconds West 266.67 feet to
STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.:
On thisc~ay of~_~,1990, before me personally
came DAVID SALAND, to me known and known to me to be the indivi-
dual described and is a managing general partner of Wolf Pit
Associates, and authorized to execute the foregoing instrument,
and he duly acknowledged to me that he executed the same.
NOTARY PUB ,~]~
OTARY P,JBLI .... State of New York
No. 52-333~95 - Suffolk Coun~
Commissior~ E,"~ires May 31, 19.~-..
/
STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.:
O~A~hz?~'Es~aYo°[~-~'~'-~ '--7~'9S N ANDR t me known 90, before me personally
came LUIS ~ , e Known and known to me to be the indi-
vidual described and is a manaqing general partner of Wolf Pit
Associates, and authorized to execute the foregoing instrument,
and he duly acknowledged to me that he executed the same.
BL!C'
Lt)lr'rlE U, ROMAINE
!OTARY PUBLIC. State of New YoI~
No. 52-333,~;~5 - Suffolk Courdy_
Commission Expires May 31, 19..~ /