HomeMy WebLinkAbout1000-117.-6-14
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Ll8E~ 9534 ~,.~:: ~
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DECLARATION OF COVENANTS
AND qESTRICTIONS
THIS INDENTURE made this 19th da7 of February. 1984 by
Elizabeth Diefendorf residing at 81 Union Avenue. Amityville. N.Y.
hereinafter called the Declarant.
WHEREAS. the Declarant is the owner in ~ee simple o~ a
certain parcel 'of land situate at New Suffolk. Town of Southold.
Su~folk County. New York. and designated on the Suffolk County Tax
Map as District 1000 Section 117 Block 6 and Lot 14 containing
approximately 3i acres. being the same premises acquired by the
Declarant b~ deed dated 6/5/76 and ,recorded in the Suffolk County
Clerk'. Office on 6/7/76 in Liber 8045 of deeds at page 455. and
referred to herein as the "premises" and
WHEREAS. the Declarant intends to subdivide said premises
for residential purposes and desires to ~ubject said premises to
certain conditions. covenants and restrictions in order to pre-
serve the maximum open space. natural scenic beauty and natural
vegetation and to prevent overcrowding and to' conserve the ground
water resources of the Town of Southold. and
WHEREAS. the Declarant had applied to the Planning Board of
the Town of Southold for approTal of the subdivision and develop-
ment of the premise$ as a Minor Subdivision. to contain not more
than two(2) lots or parcels.
NOW, THEREFORE. the Declarant does 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 everr
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ueto9534 net~!
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" purchaser of said premises, or any portion thereof, by the
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acceptance 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.
1) No lot or plot as shown on the Minor Subdivision Map
shall be further subdivided or its lot lines changed in any
manner, at any future date. unless authorized by the Southold
Town Planning Board.
2) No residential structure or sanitary disposal ~acility
shall be installed or constructed within 100 feet of the upland
edge of the tidal wetlands along the sholling of West Creek nor
contrary to the rules and regulations of New York State Department
of Environmental Conservations Tidal Wetlands Act, Article 25.
3) No stormwater runoff resulting from the development of the
subdivision or any of the lots shall be discharged directly into
the adjacent body of water and tidal wetlands.
4) That all of the covenants, conditions and restrictions
contained herein shall be construed as real covenants running with
the land and shall continue and remain in full force and effect at
all times as against the owner of the premises or any portion
thereof in perpetuity. Said covenants, conditions and restriction
shall be binding upon; inure to the benefit of and be enforceable
by the Declarant. their heirs, successors and assigns; any owner
of any portion of the aforesaid premises, their heirs, successors
and assigns, and the Town of Southold, and its successors and
assigns, and the failure of any o~ the foregoing to enforce any of
such covenants, conditions and restrictions shall in no event be
deemed a waiver of the right to do so, therea~ter.
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IN WITNESS WHEREOF, this innenture has been executed the
day and year first above written.
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STA TE OF NEW YORK)
COUNTY OF SUFFOLK)
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On the 19th day of February, 1984, before me personally
cames Elizabeth Die~endorr to me known to be the indi~idua1
described in ~nd who executed the foregoing instrument, and
acknowledged that they executed the same.
R ehn" to',
//1/2.5 E D II3F8NDIJ/cF
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,4M IT.v VILLE} /)/ r /)70/
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REC 0 R 0 EO ,
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MAR 27 1984
/0.- o l? !l. M. '.
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Clerk of SlJ!H;~;\ I~G~nty 1
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EIIZAPERTH DIEIENrOFI
81 UNION AVENUE
AMITYVILl~ NY 11701
*** TOTAL CHAFGE ***
~** RECEIvED ***
17.60
17. ZZ
THIS IS YOUR RECEIPT
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