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HomeMy WebLinkAbout1000-40.-5-1 DECLARATION OF COVENANTS THIS DECLARATION made and dated the ~__day of , 1990, by Donald Bracken, having his office at G~ul Road, ~auket, New York and Diane Carroll, having her office at South Jersey/Avenue, Setauket, New York, hereinafter referred to as the "Declarant", WI TNB S SETH: WHEREAS, the Declarant is the owner in fee simple of the following described property, to wit: ALL THAT CERTAIN plot, piece or parcel of land, situate, lying and being in the town of Southold, County of Suffolk and State of New York, bounded and described as follows: ~000 t0.o0 o .ao ~o1. oo0 BEGINNING at a monument at the intersection formed by the northerly line of lands now or formerly of The Village of Greenport and the easterly line of Moore's Lane, said monument and point and place of beginning being a distance of 1523.22 feet southerly as measured along the easterly line o Moore's Lane from the intersection formed by the easterly line of Moore's with the southerly line of Middle road (C.R. 48); RUNNING THENCE from said monument and point and place of beginning along the easterly line of Moore's Lane North 17 degrees 15 minutes 00 seconds West a distance of 353.81 feet; to a point and lands now or formerly of John A. Costello; THENCE southeasterly along the lands now or formerly of John A. Costello and formerly of John A. Costello and along the arc of · a curve bearing to the left having a radius of 40.00 feet, a distance of 61.44 feet; JUN ? THENCE North 75 degrees 45 minutes 00 seconds East, still along the lands now or formerly of John A. Costello a distance of 496.39 feet to a point and the beginning of a curve to the left; THENCE North 58 degrees 15 minutes 00 seconds East a distance of 32.98 feet; THENCE North 16 degrees 01 minutes 50 seconds West a still 'along the lands now or formerly of John A. costello a distance of 1254.09 feet to a point at the southerly line of Middle Road (c.R~ 48); TH~N~E along the southerly line of Middle Road (C.R. 48) North 69 degrees 00 minutes 20 seconds East a d~a~Ce of 288.73 feet to a point; JUN - 8 Lqgo THENCE North 71 degrees 28 minutes 20 seconds East still along the southerly line of Middle Road (C.R. 48) a distance of 312.65 feet to a point and the westerly line of "Map of Fleet Field" filed in the office of the Suffolk County Clerk as map number 1351; THENCE south 16 degrees 01 minutes 50 seconds East along the westerly line of "Map of Fleet Field", and lands now or formerly of Halsey Staples and others a distance of 1451.06 to a point and the lands now or formerly of The Village of Greenport; THENCE South 58 degrees 15 minutes 00 seconds West along the lands now or formerly of The Village of Greenport a distance of 713.30 feet to a point; THENCE South 74 degrees 45 minutes 00 seconds West a distance of 669.70 to a monument and the point and place of BEGINNING. Containing 26.4634 Acres WHEREAS, The Town of Southold, in approving the aforesaid map and subdivision has requested the Declarant to impose certain covenants and restrictions upon the aforesaid real property; and WHEREAS, the Declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants and restrictions upon said real property, beginning with the Suffolk County Planning Commission requirements; NOW THEREFORE, in consideration of the premises the Declarant hereby declares that the above described real property is held subject to the following Covenants and Restrictions, to wit: (1) The Declarant advises that prior to June 15, 1965 there existed a lamdfill area located at the west end of Webb Street, in the Incorporatea Village.of Greenport and that since June 15, 1965 said landfill has been permanently closed and is presently designated "Parkland and Watershed" of the Village of Greenport." (2) The premises to be constructed on subject property shall comply in all respects with Local Law No. 6 of 1986 of the Town of Southold, County of Suffolk, State of New York, more commonly known as the Affordable Housing Law, including Plot %20. (3) The premises to be constructed on subject property shall comply in all respects with Local Law No. 6 of 1986 of the Town of South01d, County of Suffolk, State of New York, more commonly known as the Affordable Housing Law, including Plot %38. -2- JUN - 8 1990 (4) If the Declarant, or their successors or assigns, shall violate, or attempt to violate any of the covenants and restrictions enumerated herein, or shall fail to enforce said covenants and restrictions, it shall be lawful for. any person or persons, owning any portion of the hereinabove described premises, in addition to the Declarant, to prosecute at law or in equity, the person violating or attempting to violate any such covenant, and either to prevent them from so doing, or to recover damages for such violation. (5) These covenants and restrictions shall run with the land, subject to the right of the town Board or Planning Board of the Town of Southold, by a majority vote plus one, after a public hearing, to modify or repeal any or all of the foregoing covenants and restrictions at any time at the request of the then owner or owners of the premises affected by said covenants and restrictions, and such right shall be effectual without the consent of any adjoining or other Droperty owners, but such adjoining property owners shall be entitled to notice of such public STATE OF NEW YORK SS.: County of Suffolk I, EDWARD P. ROMAINE, ClerkoftheCountyofSuffolkandClerkoftheSupremeCourtoftheState of New York in and for said County (said Court being ~Court of Record) DO HEREBY CERTIFY that I halve comp. ar.ed thee annexed copy of ,~ and that it is a just and true copy of such original ~ and of the whole thereof. IN TESTIMONY WHEREOF, I have h~reunto set my hand and affixed the seal of said County and Courtthis 7 day of ~ 19~0 ,, Form No. 104 ~ Clerk. executed the foregoing ir~rument and ackno~g/e CO~TY OF S~FOLK)s's: ~ DI~E C~RO~, to me k~ to be the individual ~scribed i~nd who executed the foregoing ~strument and auknowle~ed that sh~ e~ecuted the same. . ~,N, ~C,Z ~m~ ~Sl. t~l NOT~Y P~LIC~ 1105 . 19 DBCLA ,TION COWN,.,,T THIS DECLARATION made and da.ted the ~_day of , 1990, by Donald Bracken, having his office at Ga~l Road, Se~auket, New York and Diane Carroll, having her office at South Jersey Avenue, Setauket, New York, hereinafter referred to as the "Declarant", WITNE S SETH: WHEREAS, the Declarant is the owner in fee simple of the following described property, to wit:' ALL THAT CERTAIN plot, piece or parcel of land, situate, lying and being in the town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument at the intersection formed by the northerly line of lands now or formerly of The Village of Greenport and the easterly line of Moore's Lane, said monument and point and place of beginning being a distance of 1523.22 feet southerly as measured along the easterly llne o Moore's Lane from the intersection formed by the easterly line of Moore's with the southerly line of Middle road (C.R. 48); RUNNING THENCE from said monument and point and place of beginning along the easterly line of Moore's Lane North 17 degrees 15 minutes 00 seconds West a distance of 353.81 feet; to a point and lands now or formerly of John A. Costello; '~H~C% southeasterly along the lands now or formerly of John A. Costello and formerly of John A. Costello and along the arc of a curve bearing to the left having a radius of 40.00 feet, a distance, of 61.44 feet; THENCE North 75 degrees 45 minutes 00 seconds East, still along the lands now or formerly of John A. Costello a distance of 496.39 feet to a point and the beginning of a curve to the left; THENCE North 58 degrees 15 minutes 00 seconds East a distance of 32.98 feet; THENCE North 16 degrees 01 minutes 50 seconds West a still along the lands now or formerly of John A. costello a distance of 1254.09 feet to a paint at the southerly, line of Middle Road (~.~. 48)~ THENCE along the southerly line of Middle Road (C.R. 69 degrees 00 minutes 20 seconds East a distance of to a point; 48 ) North 288.73 feet 11052P 198 THENCE North 71 degrees 28 minutes 20 seconds East still along the southerly line of Middle Road (C.R. 48) a distance of 312.65 feet to a point and the westerly line of "Map of Fleet Field" filed in the office of the Suffolk County Clerk as map number 1351; THENCE south 16 degrees 01 minutes 50 seconds East along the westerly line of "Map of Fleet Field", and lands now or formerly of Halsey Staples and others a distance of 1451.06 to a point and the lands now or formerly of The Village of Greenport; THENCE South 58 degrees 15 minutes 00 seconds West along the lands now or formerly of The Village of Greenport a distance of 713.30 feet to a point; THENCE South 74 degrees 45 minutes 00 seconds West a distance of 669.70 to a monument and the point and place of BEGINNING. Containing 26.4634 Acres WHEREAS, The Town of Southold, in approving the aforesaid map and subdivision has requested the Declarant to impose certain covenants and restrictions upon the aforesaid real property; and WHEREAS, the Declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants and restrictions upon said real property, beginning with the Suffolk County Planning Commission requirements; NOW THEREFORE, in consideration of the premises the Declarant hereby declares that the above described real property is held subject to the following Covenants and Restrictions, to wit: (1) Clearing and grading within each lot shall be limited to that necessary for'siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize strormwater runoff and erosion. (2) Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot 6, the lot shall be made subject to a covenant that will prohibit future subdivision. (3) There shall not be any vehicular ingress and egress.on Middle Road for lots 1 to 6, inclusive. Said restriction shall be no%ed on the map to be filed in the County Clerk's office. (4) Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of Middle Road. -2- 110527 198 WHEREAS, the Declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants and restrictions upon said real property, to wit: NOW THEREFORE, in consideration of the premises the Declarant hereby declares that the above described real property is held subject to the following Covenants and Restrictions, to wit: (1) All scenic easements as shown of the final approved map of the subdivision shall be forever left in a natural state will so be shown on the final survey of each individual lot. Any disturbance, in any manner, of the natural state, shall be restored by the owner of the individual lot, so involved. Said restoration shall be commenced within thirty (30) days of disturbance and shall be completed within ninety (90) days of disturbance; said restoration to be at the sole expense of the individual lot owner. (2) Ail lawns within the subdivision shall be-fertilized by organic means only. No commercial chemical sprays may be used or applied to lawns or vegetation. (3) No mobile type home or trailer shall be kept, or used, on any lot, with the exception of a boat trailer or camper which shall be stored in an enclosed garage or otherwise so as to be not readily visible from the street. This restriction does not include contractor's trailers, etc., when used during the construction of a house, providing same shall be removed from the premises upon completion of the house construction. (4) No obnoxious or offensive activities shall be carried on upon any lot, or shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. Owners will keep the premises and grounds in a well maintained condition. (5) No livestock of any.kind shall e maintained on the.premises except domestic pets which shall be properly housed. (6) No house, coop or enclosure for the keeping of chickens, pigeons, ducks or any domesticated fowl be kept or maintained on the premises or.any portion thereof. (7) No more than two pets (dogs or cats) shall be permitted per household. No dogs shall be left out overnight, or shall be left un- attended during the daylight hours. Dogs must be leashed or kept in closed areas at all times. (8) There shall be no tennis courts,, swimming pools or other accessory structures permitted forward of the front line of the house. (9) No clotheslines will be permitted forward of the rear line of the house. 11052 199 (10) No campers, trailers or boats will be permitted to be kept in the front yard or side yard of the property. (11) installed be viewed Satellite disks and solar units shall not be permitted to be so as to be visible from the front of the premises so as not to from the front. (12) No fencing shall be permitted forward of the rear llne of the house. Ail fencing must be wood except around swimming area. (13) No vehicles shall be kept by the owners or occupants of the premises, or their guests, overnight, on the streets, with driveway to be used for parking. No commercial trucks or vans over 3/4 ton shall be kept on the driveways of the property overnight, whether owned by the property owner, guests or relatives. (14) Disrepaired vehicles shall not be stored on the premises or streets. This includes unregistered vehicles. (15) It shall be the responsibility of the occupants of the premises to see that no trash containers are placed on the street for collection except on the evening immediately prior to collection, and such containers are to be removed on the same day that the garbage is collected. (16) No structure, either primary or accessory, shall be erected on the premises with asbestos siding or aluminum siding. Siding is restricted to brick, wood or other natural material, or vinyl siding, or as otherwise approved by Declarant. ~//-, (17) The premises to be constructed on subject property shall comply in all respects with Local Law No. 6 of 1986 of the Town of Southold, County of Suffolk, State of New York, more commonly known as the Affordable Housing Law, with the exception of Plot ~38, which will be exempt from the above law. (18) If the Declarant, or their successors or assigns, shall violate, or attempt to violate any of the covenants and restrictions enumerated herein, or shall fail to enforce said covenants and restrictions, it shall be lawful for any person or persons, owning any portion of the hereinabove described premises, in addition to the Declarant, to prosecute at law or in equity, the person violating or attempting to violate any such covenant, and either to prevent them from so doing, or to recover damages for such violation. (19) These covenants and restrictions shall run with the land, subject to the right of the town Board or Planning Board of the Town of Southold, by a majority vote plus one, after a public hearing, to modify or repeal any or all of the foregoing covenants and restrictions at any time at the request of the then owner or owners of the premises affected -4- 11052Pf,200 by said covenants and restrictions, and such right shall be effectual without the consent of any adjoining or other property owners, but such adjoining property owners shall be entitled to notice of such public hearing. IN WITNESS WHEREOF, the Declarant has hereunto hand and seal the day STATE OF NEVV YORK SS.: County of Suffolk I, EDWARD P. ROMA NE, CerkoftheCougtyofSuffolkandClerkoftheSupremeC°urt°ftheState of New York in and for said County (said Court 12)eing a Court of_~_Record) DO HEREBY CERTIFY that and that t s a ust and truem:opy oT sucn onglna .~ .~..~..~_,~/~_ and of the whole thereof. IN TESTIMONY WHEREOF, I have hereq,nto set my hand and affixe~ the seal of said County and Court this / ~ day of Form No, 104 ~ota~ Public, State of New Ymk Gummed in ,Suffelk ¢,m,my Comml~,o~ E~q~iree ~ 31, 1{91 'NOTARY POBL'trc STATE OF NEW YORK) COUNTY OF SUFFOLK)s's: On the / day of DIANE CARROLL, to me know, to be the individual d~sCribedz~d-who executed the foregoi'ng instrument and acknowled~g~d that/~he ex~uted _ ~ NOT~Y P~ I~ ~ifl~ In ~k ~ ~ , 1990, before me personally came the -5- 11074P 596 DECLARATION OF COVENANTS THIS DECLARATION made and dated the ~ day of by Donald Bracken· having his office at Gaul Road, Setaukey, and Diane Carroll· having her office at South Jersey Avenu/e, York, hereinafter referred to as the "Declarant"· · 1990, New York Setauket, New W I T N E S S E T I{: WHEREAS, the Declarant is the owner in fee simple described property, to wit: of-the following ALL THAT CERTAIN plot, piece or parcel of land, situate, lying and being in the town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument at the intersection formed by the northerly line of lands now or formerly of The Village of Greenport 'and the easterly line of Moore's Lane, said monument and point and place of beginning being a distance of 1523.22 feet southerly as measured along the easterly line o Moore's Lane from the intersection formed by the easterly line of Moore's with the southerly line of Middle road (C.R. 48); RUNNING THENCE from said monument and point and place of beginning along the easterly line of Moore's Lane North 17 degrees 15 minutes 00 seconds West a distance of 353.81 feet: to a point and lands now or formerly of John A. Costello; THENCE southe=-sterly along the lands no~.~ or formerly of John A. Costello and formerly of John A. Costello and along the arc of a curve bearing to the left having a radius of 40.00 feet, a distance of 61.44 feet; ',' THENCE North 75 degrees 45 minutes 00 seconds East, still alcng the land~ no~ or formerly of John A. Coste!lo a distance of 496.39 feet to a point and the beginning of a curve to the left; THENCE North 58 degrees 15 minutes 00 seconds East a distance of 32.98 feet; THENCE North 16 degrees 01 minutes 50 seconds West a still along the lands now or formerly of John A. costello a distance of 1254.09 feet to a point at the southerly line of Middle Road (c.R. 48); THENCE along the southerly line of Middle Road (C.R. 48) North 69 degrees 00 minutes 20 seconds East a distance of 288.73 feet to a point; 11074 597 THENCE North 71 degrees 28 minutes 20 seconds East still along the southerly line of Middle Road (C.R. 48) a distance of 312.65 feet to a point and the westerly line of "Map of Fleet Field" filed in the office of the Suffolk County Clerk as map number 1351; THENCE south 16 degrees 01 minutes 50 seconds East along the westerly line of "Map of Fleet Field", and lands now or formerly of Halsey Staples and others a distance of 1451.06 to a point and the lands now or formerly of The Village of Greenport; THENCE South 58 degrees 15 minutes 00 seconds West along the lands now or formerly of The Village of Greenport a distance of 713.30 feet to a point; THENCE South 74 degrees 45 minutes 00 seconds West a distance of 669.70 to a monument and the point and place of BEGINNING. Containing 26.4634 Acres WHEREAS, The Town of Southold, in approving the aforesaid map and subdivision has requested the Declarant to impose certain covenants and restrictions upon the aforesaid real property; and WHEREAS, the Declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants and restrictions upon said real property, beginning with the Suffolk County Planning Commission requirements; NOW THEREFORE, in consideration of the premises the Declarant hereby declares that the above described real property is held subject to the following Covenants and Restrictions, to wit: (1) The Declarant advises that prior to June 15, 1965 there existed a landfill area located at the west end of Webb Street, in the Incorporate¢ Village of Greenport and that since June 15, 1965 said landfill has been permanently closed and is presently designated "Parkland and Watershed" of the Village of Greenport." (2) The premises to be constructed on subject property shall comply in all respects with Local Law No. 6 of 1986 of the Town of Southold, County of Suffolk, State of New York, more commonly known as the Affordable Housing Law, with the exception of Plot ~20, which ~ill be exempt from the above law. (3) If the Declarant, or their successors or assigns, shall violate, or attempt to violate any of the covenants and restrictions enumerated herein, or shall fail to enforce said covenants and restrictions, it shall be lawful for any person or persons, owning any, portion of the hereinabove described premises, in addition to the Declarant, to prosecute at law or in equity, the person violating or attempting to violate any such covenant, and either to prevent them from so doing, or to recover damages for such violation. ' 11:074P 598 O ( (4) These covenants and restrictions shall run with the land, subject to the right of the town Board or Planning Board of the Town of Sou%hold, by a majority vote plus one, after a public hearing, to modify or repeal any or all of the foregoing covenants and restrictions at any time at the request of the then owner or owners of the premises affected restrictions, and such rioht shall h~ ~F~nal by said covenants and STATE OF NEVV YORK ss.: County of Suffolk I, EDWARD P. ROMAINE, ClerkoftheCountyofSuffolkandClerkoftheSupremeCourtoftheState of New York in and for said County {said Court being a Court of Record) DO HEREBY CERTIFY that I have compared the annexed copy of and that it is a just and true copy of such original ~ and of the whole thereof. IN TESTIMONY WHEREOF, I have hpreunto set my hand and affixed the seal of said County ~,3~ dayof ~ 19¢0 and Court this '~~ Form No. 104 On the ~)""day of/~ ? ~ / DONALD BRACKEN, to me kno~zn t'o~e the executed the foregoing instrunf~nt and same. , 1990, before me personally came individual described in and who ' - oT Y rUBL C FEANCINE ~RCYZ Nota~ PubJi¢, STATE OF NEW YORK) . couNTY SU,,O K) s. s. /7/ On the ~/day of y ! /~4%/ , 1990, before me personally came DIANE CARROLL, to me known to be/~he individual desCribed in and who ;~;eC?ted the foregoing instrumen~and acknowledgjthat she~uted the NOTARY PUgLIC~