HomeMy WebLinkAbout1000-121.-1-4.1
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DECL.I\.RATION OF COVENANTS
AND RESTRICTIONS
THIS INDENTURE made this /4dav of J fiN.
, 1986, bv Walter
and Marilyn Gatz residing at 1800 Sound Avenue, Mattituck, New York,
hereinafter called the Declarant.
WHEREAS, the Declarant is the owner in fee simple of a certain
parcel of land situate at Mattituck, Tmvn of Southold, Suffolk Count",
New York and designated on the Suffolk Count" Tax Map as District
Section l2lBlock 1
and Lot 4.1containinq approximately 24+ acres,
being the same premises acquired by the Declarant by deeded dated
March 4, 1985
and recorded in the Suffolk County Clerk's Office
on March 14, 1985 in Liber 975:bf deeds at paqe 475, and referred to
herein as the "premises" and
WHEREAS, the Declarant intends to subdivide said premises for
residential purposes and desires to subject said premises to certain
conditions, covenants and restrictions in order to preserve the maximum
open space, natural scenic beauty and natural veqetation and to prevent
overcrowding and to conserve the ground water resources of the Town
of Southold, and
WHEREAS, the Declarant had applied to the Planninq Board of the Town
of Southold for approval of the subdivision and development of the
premises as a Minor SUbdivision, to contain no more than four (4) lots
or parcels.
NOW, THEREFORE, the Declarant does herebv 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 every purchaser of said premises, or any portion
, J
UBEr, 9961l'AtE 246
.
.
thereof, by the acceptance of a deed thereto, covenants a;-"
agrees that the premises so purchased shall be held subject
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the covenants, conditions and restrictions hereinafter set forth.
1. No lot or plot as shown and designated on the Minor Subdivision
map approved by and filed with the Southold Town Planning Board shall
be further subdivided.
2. No dwelling, or other building or structure shall be erected
or maintained within
feet of the top of the bluff or cliff adjacent
to Long Island Sound.
3. In order to prevent erosion of the bluff or cliff adjacent to
Long Island Sound, no vegetation shall be removed therefrom nor
disturbed in any manner, nor shall any stairways, paths or other
structures be placed on maintained thereon, withouth the written
approval of the Southold Town Planning Board.
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 convenants, conditions and restrictions shall be
binding upon, inure to the benefit of and be enforceable bv the
Declarant, their heirs, successors and assigns; anv o'~er 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 of the foregoing to enforce anv of such covenants,
conditions and restrictions shall in no event be deemed a waiver of
the right to do so thereafter.
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STATE OF NEW YORK
ss.:
c
County of Suffolk
I, JULIETTE A. KINSEllA, Clerk of the County of Suffolk and Clerk of the Supreme Court of
the State of New York in and for said County (said Court beilJ9 a Court of Record) ~ r-;
REBY CERTifY that I have compared the anne1\..e..g/copy OfJJ4clcu./ ~ dfC'~
~ 8Yl /- ':}';}-~6>~ 1leuol!;f. Cfl~1 fi.;J'/Se. ,:I:So ".OM-{)
and that it is a just and true copy of such original ~ and
vof the whole thereof.
v IN TESTIMONY WHEREOF, I ~ hereunto set my hand and affixed the seal of said
~ounty and Court this <<;;I. - day of ~~ 19 yc;...
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12-101:1/84
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On the/b day of ~~1986, before me nersonallv came
Wal ter and ~1arilyn Ga41z, to m: known to be the individuals described
in and ,.ho executed the foreqoing instrument, and acknowledqed that
tey executed the same.
JOXCi!) M. SKWA,:,\
Notary Public, State of he"
No, 62, 4663.j91
Qualified in Suffolk Coun~.
Commission Expires March 30, If' f (,
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