HomeMy WebLinkAbout1000-40.-5-1 (2)
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DECLARATION OF COVENANTS
DEcLARAN'I':
MOO~ES LANE BOLDING CORP.
33 Doral Drive
Manhasset, New York 11030
DATE OF RECORDING
DECLARATION OF COVENANTS:
Record and Return to:
The
CERTILMAN BALIN ADLER , BYMAN
Financial Center at Mitchel Field
90 Merrick Avenue
East Meadow, New York 11554
Attn.: Ira J. Adler, Esq.
MAR 2 8 1994
SOUTHOLO TOWN
PLANNING BOARD
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PECLARATlON OF COVENAtrrS
'l'llJ:S DBCLARA'l'!ON made and dated the 1'~~ day of March, 1994,' by
MOORES LANE HOLDING CORP., a New York corporation with offices at
33 Doral Drive, Manhasset, New York 11030, hereinafter :t:'eferred to
as the "Declarant".
WIT N E SSE T H:
WHEREAS, the Declarant is the owner in fee simple of the-
following described property, to wit:
ALL TBA1' 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 point on the southerly side of li[iddle Road
at the easterly end of the arc of the curve connecting the
southerly side of Middle Road with the easterly sid,~ of Moores
Lane;
RUNNING THENCE along the southerly side of Middle Road,
north 65 degrees 54 minutes 50 seconds east, 78.5.: feet;
THENCE continuing along the southerly side of M:lddle Road,
north 69 degrees 00 minutes 20 seconds east, 695.97 feet;
THENCE south 15 degrees 01 minutes 00 seconds eal~t, 1254.09
feet to the northerly side of Cedarfields DriVe;
THENCE along the northerly side of Cedarflelds Drive, the
following three courses and distances:
(1) south 58 degrees 15 minutes 00 seconds west, 32.98
feet;
(2) westerly along the arc of a curve having a. radius of
689.69 feet, a distance of 198.62 feet;
P) south 74 degrees 45 minutes 00 seconds west, 496.39
feet to the westerly end of the arc of the curve
connecting the northerly side of Cedarfields Drive with
the westerly side of Moores Lane;
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THENCE westerly and northerly along the aforesaid arc of a
curve having a radius of 40.00 feet, a distance of 1;1. 44 feet
to the westerly side of Moores Lane;
THENCE along the westerly side of Moores Lane, north 17
degrees lS minutes 00 seconds west, 1151.66 feE,t to the
southerly end of the arc of the curve connecting th,~ westerly
side of Moores Lane with the southerly side of Middle Road;
THENCE northerly and easterly along the aforesaid arc of a
curve having a radius of 20.00 feet, a distance of :19.03 feet
to the point or place of BEGINNING.
WBEREAS, the Town of Southold, in approving the afol~esaid map
and subdivision has requested the Declarant to impose certain
covenants and restrictions upon the aforesaid real propE,rty; and
WBEREAS, the Declarant deems it advisable for the best
interest of the Town of Southold to impose certain covE,nants and
restrictions upon said real property, beginning with th,e Suffolk
County Planning Commission requirements;
NOW, THEREFORE" in consideration of the prelllises the
Declarant hereby declares that the above described premis,as is held
subject to the following Covenants and Restrictions, to wit:
L All scenic buffer areas showing on the final approved
site plan/subdivision map shall be left forever in a natural
wooded state. If the natural state is disturbE,d in any
manner, the condominium owners association shall be obligated
to restore the said vegetation at their own expense within
thirty (30) days of the disturbances. Completion of
restoration shall be no later than ninety (90) days
thereafter.
2. All lawns shall be kept fertilized by orga.nic means
only. No commercial chemical sprays are to be applied. The
purpose is to sharply reduce the amount of nitrate!:, entering
the water table.
3. Clearing and grading shall be limited to that
necessary for siting and constructing each building: with the
intent of preserving as much of the natural vegetat:.on of the
site as possible. Limiting clearing and grading wil:. minimize
stormwater runoff and erosion.
4. There shall not be any vehicular ingress and egress
onto Middle Road. Said restriction shall be noted Cln the map
to be filed in the County clerk's Office.
S. All stormwater runoff resulting from the dlwelopment
and improvement of this subdivision or any of its units shall
2
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be re~.i'~~'}";6h;<:~'~e"i:\~'i~.' ,:'~:fki~equate
that.. it will' not 'f'low out onto the
Road..
. ""~' ",.' 'y).>; .',
drainaqeatrhCtUres so
right ot' way of' Kiddle
6. All prospective owners ot units w!t:hin this
subdivision shall be informed by means of an advisory covenant
of the location of the property to the nearby landfill site.
The final map shall also contain a statement as to the
location of the nearby landfill to the subdivision.
If the Oeclarant, or their successors or assigns, shall
violate, or attempt to violate any of the coven.ants and
restrictions enumerated herein, or shall fail to enf':lrce 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 e~~ity, 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.
These covenants and restrictions shall run with 'che land,
subject to the right to the Town Board or Planning Boa:rd 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 property owners, but such adjoining property
owners shall be entitled to notice of such public hearing.
The Declarant grants the continuing right in perpetui.ty to the
Town of Southold or any of its designated represent<l.tives to
inspect any areas designated as open space, cOl1llIlon are'IS or any
similar nomenclature so as to insure continued compliance with the
covenants, terms and provisions designated herein in regard to same
and to insure that such covenants, terms and provisions have not
been violated.
Declarant grants the continuing right in perpetuity to the
Town of Southold or any of its designated representatives to
enforce the conditions and restrictions of the covenant!: as they
relate to the open space, cOl1llIlon area or any similar noml~nclature
and to take any legal action it deems necessary to enf:orce the
conditions and restrictions of the covenants. These rights of
inspection and enforcement shall be binding upon Oeclarant, their
heirs, executors, legal representatives, distributees, su(:cessors,
assigns and transferees.
3
MA~-2e-94 MOt~ 1~:~~
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IN lrXH1tSS WBBIlEO:l', the oeclarant has hereunto hand ~d 1J4IIa1 .::':;:,:" ,.,'.
day !lnd year first above written. ".
MOORES LAKE BOLDING CORP.
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By:
Iftt.e.j J""d...eA"
ALBERT SAIDMEHR, Sec.r-etary
\
STATE OF NEW YORK )
: ss.:
COUNTY OF NASSAU )
On this ~ day of ?>-~ , in the year one thousiind nine
hundred and ninety t~before me personally came ALBERT ;5AIDMEHR
to me known, who being by me duly sworn, did depose and say that he
resides at No. 33 Doral Drive, Manhasset, New York; that he is the
Secretary of MOORES LANE HOLDING CORP., the corporation d.ascribed
in, and which executed the above instrument; that he knows the seal
of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the Board
of Directors of said corporation and that he signed his name
thereto by like order.
"7/'" ., 2
C//!. -f. _ /J~ .I~'----L-t::7C:..:.
Notary PUblic
VIOLA M. e;~LOTr I
No:ary Pubic. Sta:e of N.w 'Io,k
No. 2O-451€2116
QU31ified in l'las!:Jl.I \:CJI:n),'j
CO(l'lI'l'HS~IOn E';::f~t ;'li., ... . ,~,;.~
1AR - 2 :T~:E:F~::O; 4
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0ISAAC
SAIDt-1EHR
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Coullty of Suffolk
I, EDWARD p, ROMAINE, Clerk ofllle Coullty ofSuJJolk alld Clerk of Lhe Suprellle Court oftlle Slale
of New York ill alld for said Coullty (said Court being a Court of Record) DO HEREBY CERTifY that 1
have compared the anll~xed copy o~ _ 1.'-' .j C. c; ":l. (~ a. I I
Dee,d hll~r ~ 'V \J) l at Page ~ Recorded ~' f - J 1-
and thaI il is a .!usl and II'US copy of such original Dcdar:ttion and
of the whole Jllereof. .,'
\ Olld~O~~:i~~REOF. 1 have b~~;U~~o sel m~n~ amxedl~le aalf said Counly
'N~No 'oi~it~"'m
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: BOXES 5 Tij~"u.:S~'nE'TYPED OR l'RINTED IN BLACK INK ONLY PRIOR TO RECORDING OR I11L1N{
1 Sp egYNTYCL' 2 . 3
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family d\vclllng ollly.
YIC5 or NO
If NO, see alll1rollrlule lux dause 011
l,age 1I__of Ihl8lnstrumenl.
Real Prol'erty Tax Sen'lee Agency Vcrificl.tion
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RECORD & REIURN TO
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9 .-' Suffolk County Recording & Endorsement Page
This page forDls pal't of the attached.a. 4~., I~,~" ~'v-(... "'.. -Is
(Deed, M011gage; etc.)
made by:
~~r <"> ).." o!'...
~jL1 C';'r/,.
V' .
TO
The premises bereill is situ~ltell ill
SUlflfOLK COUNTY, NEW YORK,
~:vljt?V
III the TOWN or
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III the VILLAGE
or II.AMLET of
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BXTBNSION AGRBBMBNT
AGREEMENT made this .).. S' day of March, 1994, between the
Village of Greenport, a municipal corporation duly organized and
existing by virtue of the laws of the state of New York with
offices at 236 Third street, Greenport, New York 11944 (hereinaf-
ter the "Village ") and Moores Lane Development Corporation, a
New York Corporation with offices at c/o Robert A. Braun, 350
Veterans Memorial Highway, Commack, New York 11725-0166.
WHEREAS, the Village and John Costello entered into an
agreement dated January 18, 1990 ("the Agreement") pursuant to
which the Village was to supply water to 99 single family dwell-
ing units to be constructed upon certain premises described in
exhibits to the Agreement and which development was referred to
as Mooresland/Cedarfields; and
",
WHEREAS, by Assignment dated February 24, 1994 John Costel-
lo assigned to Moores Lane Development Corporation his rights
under the Agreement; and
WHEREAS, the Cedarfield portion of the development has been
completed resulting in the Village providing water to 39 of the
99 single family dwelling units referred to in the Agreement;
and
WHEREAS, Moores Lane Development Corporation seeks to devel-
op the remaining portion known as Mooresland, with 60 single
family condominium units; and
WHEREAS, the Village'S consumer hOOk-Up deposit referred to
in the Agreement, which deposit is presently referred to as the
Village water up front fee, has increased since the date of the
Agreement from twenty-five hundred seventy dollars ($ 2,570.00)
per unit to four thousand seven hundred thirty two dollars
($ 4,732.00) per unit; and
WHEREAS, the Village presently requires payment of one
hundred and twenty five dollars ($ 125.00) per",,\lnit as a tap in
fee and one hundred sixty five dollars ($ 165.~) per unit as a
security deposit fee which fees are subject to modification from
time to time by the Village; and
WHEREAS, Moores Lane Development Corporation acknowledges
the Village'S commitment to supply water in accordance with the
Agreement and this extension thereof, necessarily results in the
Village's planning for the additional anticipated demand with a
consquential expansion and an increase in maintenance of the Vil-
lages's water supply system so as to service such additional
oo~
rn
MAR 2 8 1994
sourHOLD TOWN
PlANNING BOARD
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anticipated demand and that the cost of such expansion is intend-
ed to be met by the per unit up front fee required by the Village
while the cost of maintaining the water supply system is intended
to be met by the minimum water charges and rates for water
supply the Village sets for its water supply customers;
NOW THEREFORE, in consideration of the representations and
covenants herein, it is mutually agreed as follows:
1. Pursuant to paragraph "Twenty-Second" of the Agreement,
the Village consents to the assignment of the Agreement to Moores
Lane Development Corporation.
2. Moores Lane Development Corporation shall pay to the
Village as for the increase in the Village's up front fee between
the date of the Agreement and this extension thereof $ 2,162.00
per unit for the sixty remaining units or a total of $
129,720.00. The tap in fee and security deposit shall be due
prior to the connection of each particular unit to the Village
water system in the amount in effect at the time the connection
is made.
3. Moores Lane Development Corporation warrants and repre-
sents to the Village that Moores Lane Holding Corporation is the
fee owner of the premises shown on that portion of exhibit A to
the Agreement and is described in schedule A to this extension of
agreement and within ninety days of the date this extension of
agreement is fully executed, Moores Lane Development Corporation
shall obtain and record and provide a certified copy thereof to
the Village, covenants and restrictions against said property in
a form acceptable to the Village's attorney providing:
a. That on and after March 31, 1999 the owner or owners
of each unit for which an allocation for water supply has been
provided in the Agreement and herein, shall pay to the Village
the Village's minimum water supply charge or service charge then
in effect for water supply customers outside the Village bound-
aries and, in the event such charge is not paid within thirty
days of written notice to the owner or owners of such unit, such
notice to be mailed to the grantee's address as listed on the
recorded deed for the unit and also to the address to which the
real property tax bill for the unit is sent then, in the event
the charges are not paid within sixty days from the date upon
which said notices are mailed, the water supply allocation for
that particular unit and the up front fee shall be deemed aban-
doned and thereafter before any unit for which the allocation and
up front fee was abandoned is supplied with water by the Village,
the up front fee then in effect shall first be paid to the Vil-
lage together with any other fees required by the Village to be
paid for the supply of water in effect at that time.
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4. Paragraph SIXTEENTH of the Agreement is hereby amended
and the WORK referred to therein shall be completed within sixty
months of the signing of this extension of agreement.
VILLAGE OF GREENPORT
By:
~-1~/2-
'Mayor Stephen L. Clarke
ws\l\corp\grptwog.oor
By:
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ACKNOWLEDGMENT OF CORPORATION
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
On this :< y~ day of ~ , 1994, before
me personally came and appeared , to me
known, who bein8 y me epose and say that he
.C:,,~~,~:~O of ' that he is, t~~e
corporation described in and which executed the foregoing
instrument, that he knows the seal of said corporation, that one of
the seals affixed to said instrument is such seal, that it was so
affixed by order of the directors of said corporation, and that he
'ion.d hi, nom. thmto by like O'd~ ~ j/M-.
~t<d-/~.~~ )
NOTARY PUBLIC
N JANET E. STAPLes
r:-v Public. State of New Yorlc
Com 0..4831949. Suffolk Coun
mIssIon Expires July 3'. , rz::tj'
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Index No:
Year 19 90
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DONALD ~~- and
DUllE CARBOLL
Declar_u.
COYENAlITS & JtBSTRICTIOHS
JOHN p, OLIVER, ESQ,
Attorney(s) for
Declarants
348 Route 25A
East Setauket. NY 11733
'rELIil>HONE (5Ie) 8ss.....,.7/b?
To:
Attorney(s) for
Service of a copy of the within
is hereby admitted.
Dated:
Attorney(s) [or
PLEASE TAKE NOTICE
that the within is a (certified) true copy o[ a
entered in the office of the clerk of the within named court on
o
l NOTICE OF
i ENTllY
,
"1
<
:i
u
19
o
NOTICE OF at
SEnlEMENT on
that an Order of which the within is a true copy will be presented for settlement to the Hon.
one o[ the judges o[ the within named Court,
19
, at
M.
Dated:
JOHN P. OLIVER, ESQ,
Attorney(s) for
348 Route 25A
East Setauket. NY 11733
To:
Attorney(s) for
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@lg83 HISTACOUNT
CHECK (V) APPROPRIATE ITEM(S)
STATE OF NEW YORK, COUNTY OF .
" ...
I, the undersigned, an attorney duly admitted to practice law in the State of New Yark, under penalties of perjury, does
affirm:
Certification
By Anorney
AUorney's
Afflrmallon
Dated:
5.5.:
.
I hereby certify, in accordance with C.P.L.R. 2105, that I have compared the annexed
with the original and have found same to be a true and complete copy.
That I am associated with, or am, the atcorney(s) of record, or a partner or member thereof, for
in the within matter. and make this affirmation in accordance with
C.P.L.R. 3020. I have read the within and know the contents
thereof to be true to your affirmant's own knowledge, with the exception of those matters therein'stated to
'be alleged upon information and belief, and as to those matters your affirmant believes them to be true.
The grounds upon which your affirmant bases his belief regarding those matters not stated upon your
affirmant's knowledge are:
This verification is made by your affirmant and not by
for the following reason(s):
(Pri~t or type name underneath)
STATE OF NEW YORK, COUNTY OF
s.s.:
Individual
Verlllcatlon
Corporale
Verificalion
Sworn to on
being duly sworn, states as follows:
1 am the herein, and have read the annexed
and know the conq~nts. thereof to be true to my own knowledge,
with the exception of those matters th-erein stated to be alleged upon information and belief, and as to those
matters I believe them to be true.
I am an officer of a
corporation, and have read the annexed and know the
statements contained therein to be true to the best of my knowledge with the exception of those matters
therein stated to be alleged upon Information and belief, and as to those matters I believe them to be true.
With regard to those maners not stated upon my knowledge, the grounds upon which I base ~y belief that
they are true are:
(Print or type name underneath)
STATE OF NEW YORK, COUNTY OF
Service
By Mall
Personal
ServIce on
IndivIdual
Sworn to on
s.s.:
being duly sworn,
states as follows:
I am over 18 years of age, not a party to the within action, and reside at
On
, I served
the annexed,
upon the person(s) or parries designated to the right hereof by mailing a
true and complete copy of same in a postage pre-paid envelope, and de-
positing same in a post office or official depository of the United States
Postal Service within New York State, at the last known address of the
addressee(s) as set forth herein.
On , I served
the annexed
upon the person(s) or parties designated to the right hereof by personally
delivering a true and complete copy of same to each.
(Print or type name underneath)
.
.
THIS DECLARATION made and dated
by Donald Bracken, having his office
and Diane Carroll, having her office
N.Y., hereinafter referred to as the
the ~day of
at Gaul Road, Set
at South Jersey v
"Declarant ~,
, 1990,
DECLARATION OF COVENANTS
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WIT N E SSE T H:
,I~ 3
WHEREAS, the Declarant is the owner in fee simple of the following
described property, to wit:
ALL THAT CERTAIN punit, piece or parcel of land, situate, lying
and being in the Town of Southhold, County of Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a monument set at the intersection formed by the
southerly line of Middle Road (C.R. 48) with the easterly
line of Moore's Lane;
RUNNING THENCE from said monument and point and place of
beginning in an easterly direction along the southerly line
of Middle Road (C.R. 48) the following two courses and
distances:
(1) North 65 degrees 54 minutes 50 seconds East a
distance of 96.27 feet to a monument;
(2) Thence North 69 degrees 00 minutes 20 seconds East
a distance of 695.97 feet to a point and lands
now or formerly of John A. Costello;
THENCE along the lands now or formerly of John A. Costello
South 16 degrees 01 minutes 50 seconds East a distance of
1254.09 feet to a point;
THENCE South 58 degrees 15 minutes 00 seconds West a distance
of 32.98 feet to a point and the beginning of a curve to the
right;
THENCE along said curve to the right having a radius of 689.69
feet a distance of 198.62 feet to a point;
THENCE still along the lands now or formerly of John A. Costello
South 75 degrees 45 minutes 00 seconds West a distance of 496.39
feet to a point
THENCE along a curve bearing to the right having a radius of
40.00 feet, a distance of 61.44 feet to the easterly side of
Morre's Lane;
THENCE northerly along the easterly line of Moore's Lane North
17 degrees 15 minutes 00 seconds West, a distance of 1169.41 feet
to the point or place of BEGINNING.
Containing: 22.2441 Acres
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WHEREAS, the Town of Southold, in approving the aforesaid map and sub-
division has requested the Declarant to impose certain covenants and re-
strictions 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;
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) All 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) All clearing and grading of each individual lot shall be limited
to such clearing and grading as shall be necessary for siting and
constructing of the dwelling on said lot.
(4) There shall be no ingress or egress for vehicular traffic
onto Middle Road.
(5) There shall not be any storm water or runoff from any portion of
the subdivision onto the right of way Of Middle Road.
(6) All prospective owners of any unites) within this subdivision are
hereby advised that there currently exists a landfill site, located at
(7) 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 property owners, but such
adjoining property owners shall be entitled to notice of such pUblic
hearing.
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IN WITNESS WHEREOF, The Declarant
and year first above written.
hand and seal the day
if;~~~~
I DI E CARROLL
STATE OF NEW YORK)
COUNTY OF SUFFOLK)S.S.
On the ~day of
DONALD BRACKEN, to me
executed the foregoi
the same.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)S.
NOTARY P IC
~NICVz
Notc.y ...~ ....., New York
- 411012
Co Quallfled 101........ County
mm-.....AoIgU$'31.1991
, 1990, before me personally came
the individual described' and who
and acknowle ed that see cuted
On the 'lLday of
DIANE CARROLL, to me n
executed the foregoi g
the same.
NOTARY
FRANONF~"''RCYZ
Nao-.r ""lIc, , ' of New York
No '-' 12
Gualfffed if1'- :"'ik Co
Com...,h=n Expw'" A~gUSf ~~I",
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BE IT RESOLVED, that the mayor, E W. HUBBARD, is
authorized to sign the proposed contract between the VILLAGE OF
GREENPORT and JOHN COSTELLO for water for the development known
as .Kooresland/Cedarfields. upon receipt of the following;
1. a duly executed agreement by the John Costello;
2. an offer of dedication of an easements over
premise depicted on land areas on said subdivision map Exhibit
.A", Subdivision of Cedarfields Exhibit .C" and over a described
well easement area, see schedule .0" attached hereto and made a
part hereof in recordable form;
3. a duly executed covenant and restriction in
recordable form prohibiting the usage of private or public water
for irrigation purposes;
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SOUlllOLlllOWN
P\1INNING BUARD
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AGREEMENT made this l.l day of January 1990, between
the Village of Greenport, a municipal corporation Suffolk County
having its office and principal place of business at 236 Third
Street, Greenport, New York, (hereinafter called the VILLAGE),
and JOHN COSTELLO residing at 415 Wiggins Lane, Greenport, NY
11944 (hereinafter referred to as "COSTELLO").
WHEREAS COSTELLO is the owner in fee of certain
premises which premises are shown generally on a map and
preliminary plan annexed hereto, made a part hereof and marked
Exhibit "A", and entitled "Mooresland/Cedarfields"; and
WHEREAS, COSTELLO is desirous of securing a public
supply of water for the project to be developed at the property
shown on a map and preliminary site plan; and
WHEREAS COSTELLO will lay and install or cause to be
laid and installed the lateral water mains, hydrants, fittings
and valves described on the map and preliminary plan and to
transfer and convey same to the VILLAGE upon completion and, if
necessary, to give and procure easements for the maintenance of
the lateral mains and the hydrants; and
WHEREAS, the VILLAGE is willing to supply COSTELLO with
his requested water allowances and the parties have agreed upon
the terms and conditions for the supply of water for 99 single
family dwelling units and other matters, and
WHEREAS COSTELLO is about to commence a development
known as "Mooresland/Cedarfields" at Greenport and wishes to
construct the aforementioned lateral water mains and install
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hydrants on the certain rights of way on a certain map entitled
"Mooresland/Cedarfields" which is attached hereto, made a part
hereof, and marked Exhibit "A", and to connect with the Village
Water System in conformity with the contract and the
specifications for Furnishing and Installing Water Mains and
Appurtenances, Project No. SPLC 83-01 dated September, 1984,
marked Exhibit "B", and as may be amended from time to time
during the course of construction of the project commonly known
as "Mooresland/Cedarfields".
NOW, THEREFORE, in consideration of the premises and
covenants herein, it is mutually agreed as follows:
FIRST: COSTELLO will install at his own cost
and expense, lateral water mains for distribution, throughout the
subdivision as more fully shown on the Exhibit "A" attached
hereto, prepared by Charles Egosi, Architect dated September,
1989. Said installation shall be in conformity with the agreement
herein and the rules and regulations of the VILLAGE.
SECOND: Locations of piping, and appurtenances
shall be as shown on a copy of the map entitled
"Mooresland/Cedarfields".
THIRD:
All necessary work, lateral mains,
trenching, laying, joining, backfilling shall be done by COSTELLO
and shall sometimes hereinafter be called the WORK. All valves
used within the Subdivision will by "Mueller Valves" and the
sizes thereof shall be approved in advance by the Superintendent
of Water.
FOURTH:
The VILLAGE will supply the hydrants for
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installation at the locations .shown on said map. COSTELLO will
reimburse the VILLAGE for all hydrants located within the
subdivision.
FIFTH: Payment shall be made upon delivery for
hydrants and the costs of the delivery of the hydrants to the
site by the VILLAGE. The VILLAGE shall deliver the hydrants to
site at a time appropriate to the expeditious completion of the
work provided the VILLAGE is given no less than 21 days notice,
and subject to the availability of the hydrants from the
suppliers to the VILLAGE.
SIXTH: Until such time as rental for such
hydrants is assured and paid for by the East-West Fire Protection
District COSTELLO will pay annually to the VILLAGE such rental
for such hydrants as is from time to time being paid by such
District to the VILLAGE for other hydrants in the District.
SEVENTH: All specifications for the installation
or the piping and the hydrants shall be in accordance with the
following:
(1) polyvinyl chloride pipe (AWWA Spec. C-900)
Class 150 or equal with push-on joints/couplings and underground
metallic warning tape, or
(2) cement-lined ductile iron pipe (AWWA spec.
Cl51-81) class ISO, or equal.
Any pipe and all joints and parts of the system must be
able to stand pressure of not less than 120 pounds per square
inch.
EIGHTH:
VILLAGE will supply without charge to
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COSTELLO sufficient water to'make essential tests and to leave
the system on final approval completely sanitary, said supply to
be not less than 60 pounds per square inch.
NINTH: The WORK shall be inspected by the
VILLAGE which hereby delegates its Superintendent of Water or
his designee full power of inspection hereunder. COSTELLO will
grant complete freedom of access to all parts of the premises and
the WORK for inspection. Cost of inspections shall be included
in the hereinafter "per dwelling unit fee." The VILLAGE will
have an authorized inspector at the site at all proper times so
as not to delay the work. Work not passed by the inspector will
not be accepted by the VILLAGE. No backfilling shall be done
until the pipe and the work in the trench has been approved by
the inspector.
TENTH: COSTELLO will grant and convey to the
VILLAGE an easement and right of way for the purpose of laying,
relaying, "repairing, operating and maintaining lateral water
mains, both supply an~ distribution, and appurtenances, including
domestic services and fire hydrants in the full length and width
of the now or hereafter existing public or private streets in the
premises as shown on the attached map Exhibit "A". The rights of
way and easements shall also extend five feet on either side of
the mains to be laid pursuant to this agreement, whether or not
such distance shall be within the roadway.
The rights of way and easements shall be
over the areas as depicted on Exhibits "A" and "Co. The well
site easement description is attached hereto and made a part
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hereof marked Schedule "0"..
ELEVENTHl The easements herein granted are not
exclusive, and other easements in said streets may be granted by
COSTELLO to other persons or corporations maintaining public
services throughout the development, provided the actions do not
violate Suffolk County, New York State or Federal requirements
and that no other mains are set within two feet internally of the
water main and no poles are set into the ground within two feet
either side of a line on the surface directly above the mains.
If a gas, sewer or other main or service necessarily crosses the
water mains, COSTELLO will advise the VILLAGE in writing of the
exact location of the intersection forthwith upon installation
and shall supply maps to the VILLAGE showing the exact locations.
Said intersections shall not be permitted without prior written
consent of the VILLAGE.
TWELFTH: Upon completion, inspection and approval
the VILLAGE will supply water to the development and the
individual owners in accordance with the rules and regulations
and at the rates and pursuant to the rules and regulations of the
VILLAGE in force from time to time.
THIRTEENTH: A one inch (1) service line shall be
installed to each lot, with a curb stop near the property line.
This installation is under the direction and supervision of the
Greenport Water Department.
FOURTEENTHl The VILLAGE requires a cash payment of
two thousand five hundred and seventy dollars ($2,570.00) per
dwelling unit to be recorded as a consumer hook-up deposit and
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placed in a key money reserve account to help gain new production
supply, so as to assure COSTELLO of future adequate supply. It is
contemplated by this contract that COSTELLO anticipates the
construction of 99 dwelling units. For this agreement to be
effective, COSTELLO shall deposit with the VILLAGE the sum of
twenty-five hundred seventy dollars ($2,570.00) times ninety-nine
(99) dwelling units for the total of two hundred fifty four
~ thousand four ,!!9Jl.dred ~hi~~( $2~4, 4~0. 0) dolla~fj in bank or
.-4Kf,U" / '/ 4<U}O l~ u1 io/}'Uf4'/Li4::r:
. certified check. This pe welling nit amount may be amended
from time to time, depending on findings by the VILLAGE'S
consulting engineers, Holzmacher, McLendon and Murrell, P.C. or
their successors and upon approval by the Village Board of
Trustees. In the event that the per dwelling unit cost is
increased between the execution of this agreement and the
application for water, COSTELLO shall pay the VILLAGE, upon
application for individual water hook-ups, the difference between
the per dwelling unit amount specified herein and the per
dwelling unit amount required by the VILLAGE at the time of the
application of individual water hook-ups times the number of
dwelling units covered by said application. In the event that the
per dwelling unit cost is decreased between the execution of this
agreement and the application for water, the VILLAGE shall pay
COSTELLO, upon application for individual water hook-ups, the
difference between the per dwelling unit amount specified herein
and the per dwelling unit amount required by the VILLAGE at the
time of the application of individual water hook-ups times the
number of dwelling units covered by said application. Said
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payment shall be in bank or certified check and shall be paid to
the VILLAGE prior to any hook-up for water. The VILLAGE shall
keep all funds so deposited by COSTELLO as. the sole and exclusive
property of the VILLAGE.
PIPTEENTH: COSTELLO will install and said
installation shall be certified by a professional engineer that
the premises have all water saving fixtures and appurtenances as
set forth by the New York State Department of Conservation and
GREENPORT and as they may be amended from time to time. COSTELLO
will not install a separate lawn and grounds watering system, nor
will COSTELLO interconnect with the public water supply for the
purposes of lawn, garden maintenance or ground watering system.
COSTELLO shall execute a declaration and covenant to that effect
simultaneously with the execution of this contract.
SIXTEENTH: The remainder of the WORK shall be
completed within twenty-four (24) months of signing of this
contract. However, it is hereby mutually agreed and understood
that all specifications in reference to materials used for the
construction of said system, the WORK to be completed, and/or
water to be supplied shall be changed to conform with the then
current standards as set by the VILLAGE of Greenport Utility
Department, its successor, or its authorized agent at each such
interval.
SEVENTEENTH: COSTELLO agrees that upon completion and
approval by the VILLAGE of mains and appurtenances, COSTELLO
shall dedicate the same to the VILLAGE. Upon completion of the
remainder of the WORK in accordance with any contract made
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pursuant hereto, title to the "mains, hydrants, valves, and
fittings so installed and laid shall be deemed dedicated to the
n~E, and COSTELLO shall in confirmation of such passage of
title, execute an instrument transferring and assigning to the
n~E the title, free and clear of all encumbrances or liens to
the mains, hydrants, valves and fittings so laid and installed
and if required by the VILLAGE shall procure from all persons
having an interest in the land in which said mains lie a proper
easement in favor of the VILLAGE for the perpetual maintenance,
repair or replacement of said mains and fittings including the
right to extend the mains and to connect them with other mains to
be laid by or under the supervision of the VILLAGE. The
instruments so executed shall be in recordable form.
EIGHTEENTH: The VILLAGE agrees that when the
installation, laying of the mains, valves, hydrants and fittings
has been completed, pursuant to the terms of this agreement, and
proper easements have been given, all as hereinbefore provided,
the n~E will accept the assignment and conveyance of the
mains, valves, hydrants and fittings and maintain them thereafter
and supply water to consumers along the mains subject to
conditions, rules and regulations of the VILLAGE.
NINETEEHTH: Should COSTELLO desire to lay the
mains in sections, separate construction contracts may be let for
such sections providing the extent of such separate sections
shall be in the opinion of the VILLAGE sufficient to warrant a
separate consideration.
TWENTIETH: This agreement contains the
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complete agreement between the parties for the acquisition by the
VILLAGE of the mains, valves, fittings, and hydrants hereinbefore
described and COSTELLO agrees that it will not make any claims
against the VILLAGE on account this contract, agreement and/or
payment of monies required in paragraph fourteenth, the
installation of the mains, valves, fittings or hydrants and
acceptance of the terms of this agreement, notwithstanding the
provisions of any general or special law to the contrary which
mayor may not be enacted.
TWENTY-FIRST:
This agreement shall inure to the
benefit and shall bind the respective heirs, legal
representatives, successors or assigns of the parties hereto.
TWENTY-SECOND: This agreement shall not be assignable
by COSTELLO without the consent in writing of the VILLAGE, which
consent shall not be unreasonably withheld. It is contemplated
that this contract will be assigned to DONALD BRACKEN and/or
DIANE CARROLL, and the VILLAGE consents to such assignment.
IN WITNESS WHEREOF, the parties have executed this agreement
in four (4) counterparts, all of which shall constitute
originals, the day and year first above written.
1"~!h,tk
VILLAGE OF GREENPORT
By:
-<t~,,~q/ ~4./t~A
0- e-W. Hubbard, Mayor
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STATE OF NEW YORK) ss.
COUNTY OF SUFFOLK )
On the \ e~y of January, 1990, before me personally
came GEORGE W. HUBBARD, to me known, who, being duly sworn, did
depose and say that he resides at No. 178 Central Avenue,
Greenport, New York 11944; that he is the Mayor of the
Incorporated Village of Greenport, the municipal corporation
described in and which executed the forego' g instrument; that he
knows the seal of said corporation; that t e seal affixed to said
instrument is such corporate seal; that as so affixed by
order of the Board of Directors of sai oration, and that he
signed his name thereto by like order,
,
JOHN J. IV1UN2cL
NOTAr:V PUE::JC, Stato o-r New Vorl(
No. 52<H:ri S 155 $L;ifoik COllnty
:C,,"'il""'"'' ""'''c'''~) ~<()9 0
STATE OF NEW YORK)
COUNTY OF SUFFOLK) 55.:
On theJ~ day of January, 1990, before me, the subscriber,
JOHN COSTELLO personally appeared to me known to be the
individual described in and who executed the foregoing instrument
and that he duly acknowledged to me that he executed said
instrument.
_L IICCIlI
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TAR PU C v
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DECLARATIONS OF COVENANTS & RESTRICTIONS
This Declaration made by JOHN COSTELLO residing at 415
Wiggins Lane, Greenport, NY 11944, hereinafter referred to as
the DECLARANT, as the owner of premises described in Schedule
"A" annexed hereto (hereinafter referred to as the PREMISES)
desires to restrict the use and enjoyment of said PREMISES and
has for such purposes determined to impose on said PREMISES
covenants and restrictions and does hereby declare that said
PREMISES shall be held and shall be conveyed subject to the
following covenants and restrictions:
1. DECLARANT has made application to the VILLAGE OF
GREENPORT (hereinafter referred to as the VILLAGE) for public
water supply.
a. As a condition of approval of the VILLAGE to such
public water supply application the DECLARANT covenants that
there shall be no conveyance other than to DONALD BRACKEN and/or
DIANE CARROLL of any portion of the property unless public water
is extended to a lot.
b. DECLARANT will not install a separate lawn and
grounds watering system, nor will DECLARANT interconnect with the
public water supply for the purposes of lawn, garden maintenance
or ground watering system.
3. The DECLARANT, its successors, and/or assigns
shall set forth these covenants, agreements and declarations in
any and all leases to occupants, tenants, and/or lessees of the
above described property and shall, by their terms, subject same
to the covenants and restrictions contained herein. Failure of
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the DECLARANT, its successors "and/or assigns to so condition the
leases shall not invalidate their automatic subjugation to the
covenants and restrictions.
4. All of the covenants and restrictions contained
herein shall be construed to be in addition to and not in
derogation or limitation upon any provisions of local, state, and
federal laws, ordinances, and/or regulations in effect at the
time of execution of this agreement, or at the time such laws,
ordinances and/or regulations may thereafter be revised, amended,
or promulgated.
5. The aforementioned Restrictive Covenants shall be
enforceable by the VILLAGE OF GREENPORT by injunctive relief or
by any other remedy in equity or at law. The failure of the
VILLAGE OF GRENPORT to enforce the same shall not be deemed to
affect the validity of this covenant nor to impose any liability
whatsoever upon the VILLAGE OF GREENPORT or any officer or
employee thereof.
6. These covenants and restrictions shall run with the
land and shall be binding upon the DECLARANT, its successors and
assigns, and upon all persons or entities claiming under them,
and may be terminated, revoked or amended by the owner of the
premises only with written consent of the VILLAGE.
7. If any section, subsection, paragraph, clause,
phrase or provision of these covenants and restrictions shall, by
a Court of competent jurisdiction, be adjudged illegal, unlawful,
invalid, or held to be unconstitutional, the same shall not
affect the validity of these covenants as a whole, or any other
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part or provision hereof other than the part so adjudged to be
illegal, unlawful, invalid,
o unconstitutional.
STATE OF NEW YORK )
)8.a.:
COUNTY OF SUFFOLK )
On the;'~~day of January, 1990, before me, the
subscriber, J~ COSTELLO personally appeared to me known to be
the individual described in and who executed the foregoing
instrument and that he duly acknowledged to me that he executed
said instrument.
_L NICCHI ~ ?:;( (}z.
~_Ia,_ol__
flo....14l1OO "'.... - _r ~
~~Jii?U TARY PUBLIC
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OFFER OF DEDICATION
This Offer of Dedication, dated
day of January, 1990,
made by JOHN COSTELLO residing at 415 Wiggins Lane, Greenport, NY
11944 (hereinafter referred to as COSTELLO), owner of the
property shown on Subdivision Map of "Mooresland\Cedarfields",
dated September 1989 made by Charles Egosi, L.S., covering
premises situate at Greenport, Town of Southold, Suffolk County,
New York, hereby irrevocably offer(s) to grant an easement for
municipal purposes to the VILLAGE OF GREENPORT over proposed
water main locations as depicted on land areas on said
subdivision map Exhibit "A", Subdivision of Cedarfields Exhibit
"C" and over a described well easement area, see schedule "D"
attached hereto and made a part hereof.
This Offer of Dedication is intended for present or future
acceptance and is irrevocable. The undersigned represents that
he is the sole owner of the property shown on said subdivision
map, and covenants and agrees to reserve to himself and/or his
assigns the right to convey said
to GREENPORT.
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COSTELLO
STATE OF NEW YORK)
COUNTY OF SUFFOLK) ss.;
On the )~~ of January, 1990, before me, the subscriber,
JOHN COSTE~personally appeared to me known to be the
individual described in and who executed the foregoing instrument
and that he duly acknowledged to me that he executed said
instrument.
NINAL NICCHI f&t ~' /U .
NoIofy Public. s.... of_VOlt ~
c,,,~~c:-tr OT /"Pu L ~ -,~
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made by JOHN COSTELLO this
day of
December, 1989 by JOHN COSTELLO, individually with principal
offices located at 415 wiggins Lane, Greenport, New York 11944
hereinafter at times referred to as the DECLARANT, as the owner
of premises described in Schedule "A" annexed hereto, does hereby
declare that the PREMISES shall be held and shall be conveyed
subject to the following covenant and restriction:
1. That the Declarant will not install a separate lawn
and grounds watering system, nor will Declarant interconnect with
the public water supply for the purposes of lawn, graden
maintenance or ground watering system.
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COSTELLO
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the ), C;Ji.ay of ~ ' 19;'ro before me
personally came, JOEN COSTELL ,~
to me known to be the individu describ/d in and who executed
;~e~oregoing instrument, and aCknf,OWledged t~ ~xecuted
NlHAL.NICCHI J, ,M C/ ' '/ [-(" s. .i
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fIo,481.aoll N TARY PUBLIC
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