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Home My WebLink About1000-118.-6-1 , .~ }., ., . 11343PC237 r ( . DECLARATION OF COVENANTS AND RESTRICTIONS :1h THIS DECLARATION, made as of this '20 day of September, ~C\'I 1991, by EDA L. McKNIGHT KOLBE, residing at 631 Bentley Drive, .,~,\~, Naples, Florida 33963, hereinafter referred to as the '1\1 ,~ . :jJw "Declarant"; , ., ~ . , WHEREAS, the Declarant is the owner of property at Nassau Point, in the Town of Southold, County of Suffolk, and State of New York, which property' is particularly described in - -. ,- 1000 P.C., dated January 31, 1991, and last revised September 16, 1991 i"Schedule A" annexed hereto and is shown on "Minor Subdivision Map 'of Harry ~-:._and Janet Hohn," made by John J. Raynor, P.E. & L.S., .~ '<hereinafter "the subdivision map"); and 13.00 WHEREAS, as a condition of granting approval to the 'subdivision map, the Planning Board pf the Town of Southold has required that the subdivision property be subjected to certain irestrictions; I ! 16.00 1'- - ....--. NOW, THEREFORE, it is ---j I OOl.OOOpf any lots shown on said subdivision map. In addition, no lot '03.001 I hine shall be changed in any manner at any future date unless 1. There shall be no hereby declared as follows: ~ . further subdivision in perpetuity authorized by the Town of Southold Planning Board, or its SUCcessor body. 2. So as to minimize stormwater runoff and erosion, grading within each lot shall be limited to that n~essary for ""0' aod OOo"'<ue',o, a hou.. aod ,," "ee.""o<, E I W rn!~ SEP 3 0 .1991' SOUTHOLD TO,1N PLANNING.8.': . ....J C 11343~238 r \ structures,and facilities, including, but not limited to access driveways for the subdivision lots. 3. Houses and their accessory uses, structures, and the building envelopes and driveway areas shown on the sUbdivision the subdivision lots, shall be sited and constructed only within facilities, including,_put not limited to the access driveways for map. 4. To preserve and enhance the woodland nature of the subdivision property, within any area of the subdivision map designated "Conservation Easement Area," all healthy trees and bushes with trunks greater than three (3) inChes in diameter shall be preserved, except where removal of such trees and bushes is subdivision map. the subdivision lots, as set forth herein or shown on the necessary for construction or maintenance of access driveways to , 5. Within each 20-foot~wide area on the subdivision map that abuts Nassau Point Road and is designated "Non-Disturbance Area," natural vegetation shall not be disturbed, except as is to Lot No.1 as described in Paragraph "10" hereof. ~ necessary for construction or mairttenance of the access driveway constructed or otherwise located within 100 feet of the existing bulkhead. No new residential structure shall be constructed within 75 feet of the existing bUlkhead. 6. No new sanitary disposal facility shall be \I ( 1134~~239 ( and imorovement of the subdivision or any of its lots shall be 7. No stormwater runoff resulting from the development diScharged into the adjoining bodies of water. 8. Erosion and sediment control measures shall be ~nsur~ that stormwater runoff will not carry eroded and other required during and immediately after construction on Lot No. 1 to d~leterious materials into the tidal wetlands bordering Great PecDnic Bay and the adjoining pond. Bluff" shall be maintained so as to prevent erosion. bulkhead and the line designated on the subdivision map as "Top of 9. All vegetation on Lot No. 1 between the existing to and from Nassau Point Road by means of a driveway, not to 10. Lot No.1 of the subdivision map shall have access exceed 16 feet in width. Such ac~ess driveway shall be located within the building envelope for Lot No. 1 as shown on the ) subdivision map. From the northeisterly boundary of the building disturbance, so far as Possible, of mature trees. direction of such access driveway shall be such as to avoid env~lope for Lot No. 1 to Nassau Point Road, the location and Road by means of the existing driveway between Lot Nos. 1 and 2 11. Lot No. 2 shall have access to and from Nassau Point and an easement over Lot No. 1 and the access driveway for Lot No. 1 described in Paragraph "10" hereof. ~ ( 11343PG240 ( by means of the existing driveway shown on the sUbdivision map. 12. Lot No.3 shall have access to and from Aborn Lane only at the request of the then Owner of the premises with the 13. These covenants and restrictions can be modified approval of a majority plus one of the Planning Board of the Town Adjoining property owners shall be entitled to notice of such of Southold, or its successor body, after a public hearing. public hearing, but their Consent to such modification shall not be required. liable for:a violation of the covenants or restrictions herein 14. Declarant, her successors or assigns, shall not be contained unless she or they shall be the owner or owners of the land upon which, and at the time when, the violation occurs. ~ " to be executed as of the day and year first above written. IN WITNESS WHEREOF, Declarant has caused this instrument ~: -~~ ~ .JtJ-C!.. ~t l'( 6ftl,. EDA L. McKNIGHT KdL'BE '.\ ( 11343rL241 ( "-:''-,T2 OF FLORIDA ) ) ss.: :::OlTNTY OF COlLIER) ~~ to be the individual described in and who eXecuted the ~~rsonally came EDA L. McKNIGHT KOLaB, to me known and known to On the '1.0"'- day of September, 1991, before me foregoing instrument, and acknowledged that she executed the S2m~. .1\ ! ) 1\(, r CJ ,0. I.k.A,- Q-u.. . NOTARY PUBLIC SEAL CCM>IISSICli f('~) (1." .., I " NOTARY PUBLIC STATE 0' FI ;:;:11',' MY COMMISSION EXP. f,IIS.31.",: BONDED THRU GENERAL u,S. U:iU. , 11343PC2~ ( SCHEDULE "A" DESCRIPTION OF PROPERTY DECLARANT: EDA L. MC KNIGHT KOLBE ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at the pOint formed by the ihtersection of the southeasterly line of Aborn Lane and the westerly line of Nassau Point Road, and RUNNING THENCE southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 226.25 feet, more or less (tie line bears South 04005' 16" West, 222.71 feet), to lands now or formerly of Richard & Christopher Hurley; thence along said last mentioned lands, the following three (3) courses and distances: (1) South 540 42' 00" West, 200.00 " feet; (2) South 090 48' 00" West, 120.00 feet, and (3) North 540 42' 00" East, 200.00 feet to the westerly line or side of Nassau Point Road; thence southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 100.56 feet, more or less (tie line bears South 120 22' 10" East, 100.37 feet), to lands now or formerly of Mario & IIse Trombone; thence South 54043' 00" West, along last mentioned lands, 714.68 feet more or less to the shoreline of Great Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and turns, the following four (4) tie-line Courses and distances: (1) North 370 19' 15" West, 67.74 feet; (2) North 400 59' 50" West, 205.42 feet; (3) North 450 02' 09" West, 127.84 feet, and (4) North 470 54' 38" \ West, 121.21 feet to lands now or formerly of Charles & Maude B. Hammer; thence North 540 42' 00" East, along last mentioned lands, 143.03 feet more or less to the southerly line of a 15 foot wide right-of-way; thence southeasterly " "1" ~ 'lD( 43 1 ~LJ.'_I .. " <.. along the southerly and southwesterly line or side of said 15 foot wide righ~-?f-. . j way, as the same winds and turns, a distance of 255 feet, more or less, to the southeasterly line of Aborn Lane; then~e North 540 42' 00" East, along the southeasterly line of Aborn Lane, 730.00 feet to the point or place of beginning, and Comprising an area of 7.368 acres, be the same, more or less, a portion of which qeing and intended to be the southerly part of Lot 93 as shown on the "Map of Proposed Subdivision, Section S, Nassau Point Club Properties, Inc., Situate on Nassau Point, Suffolk County, N.Y.," filed in the Office of the Clerk of the County of Suffolk on October 4, 1919 as Map No. 745 and on the "Amended Map A of Nassau Point, Owned by Nassau Point Club Properties, Inc., Situate in Town of Southold, Long Island, N.Y.," filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156. \\