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HomeMy WebLinkAbout1000-125.-1-2.1STATE OF NEW YORK SS.: County of Suffolk I, JULIETTE A. KINSE/LA, Clerk of the County of SuIfolk and Clerk of the Supreme Court of ew York in and for said County (said Court beinq a Court of Rec~ord) DO the State of N - ,..,l,,~,v,~ ~.~,.,~ ~"'~,~ ~ ~-~ ~.o~1~ hat have comp red the anq. exe(~ copy oT ,- ~. v ~,- ~nd that it is a just and true copy of such or,glnal "~2¢O-~'~ tJ ''~ and ;,the whole thereof. TESTIMONY WHEREOF, I have hereunto set my hand and affixed the sealol said ¢ and Court this f-{- ~' day of L'~'~ 19 ~ ............................ ~ No. 104 /LMENDED DECLARAT 1 ON OF COVENANTS AND RESTRICTIONS DISTRICT: 1000 SECTION: 125.00 BLOCK: 01.00 LOT: 002.007 ./ DECLABATION made this 3rd day of April, 1985, by LUIS SAN ANDRES and LYNN SAN ANDRES, residing at 27 West 67th Street, New York, New York 10023, and DAVID J. SALAND, residing at (No#) Main Road, Jamesport, New York 11947, hereinafter referred to as "Declarants". WITNESSETH : WHEREAS, Declarants executed certain declarations dated January 22, 1985, recorded in the Suffolk County Clerk's Office on January'24, 1985, in Liber 9721 at page 193, and in Ltber 9721 at page 200, and in Lther 9721 at page 207, and WHEREAS, pursuant to said declaratloas, the subdivision map of the subject premises is entitled "Map of Section I, I.aurel Estates, at Laurel, Town of Soothold, Suffolk County,N.Y.", and WItEREAS the Suffolk Couaty clerk find!-; ,'lTU~tbcr subdivisim~ of similar name on record and is reqniriug a modificati(m nf the above subdivision map name prior to filing, NOW THEREFORE, Declarants hereby modify the above dec]aratimm dated Janu~ry 22, 1985, to amend tile name of the ~ubdlvision map of the subject premises so that it will hereinafter be entJ['lecl, "Hap of Sect ion I, I,aurel Estates East, at Laurel, Town of SOIl[ilo]Il, SH[}o]k (~olullv, ~].y.i, In all other respects, the coveoaats and re~;tric! imm as execuled by Declarants, dated Jamlary 24, 1985, arc confirmed. IN WITNESS WHEREOF the Declarants have caused these presents to be duly signed and sealed the day and year first above written*~* ;ynn San Andres, by Luts San Andres ~torney-in-fac~ of lffnn San Andres ~avid 3. STATE OF NEW YORK, COUNTY OF SUFFOLK, S~.: On the 3rd day of April, 1985, before me personally came LUIS SAN ANDRES, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. CAROL GUYTON ~OTAR¥ PUBLIC, Slate of New Yor{~ ¢qo. 52-4812588 Suffolk Ccunty,/' Commission Exp r~s ,v~a~ch ~0, )9..~',~~ STATE OF NEW YORK, COUNTY OF SUFFOLK, SS.: On the 3rd day of April, 1985, before me personally came LUIS SAN ANDRES, to me known to be the ~ndlv~dual described tn and who executed the foregoing instrument as attorney-in-fact of IYNN SAN ANDRES, who resides at 27 West 67th Street, New York, New York 10023, and to me known to be the attorney-~n-~ fact of the said LYNN SAN ANDRES and who acknowledged to me that he executed the foregoing instrument a~ the ~ct ;u}d dc,,d of the said I,YNN SAN ANDRES by virtue of a power of attorm,¥ datml April '!, 1984, and recorded in the Offic~ of the Clerk of Suffn]k (',,untv ~,1~ th,, ~,*b :~,,' of ,l.ly, 1984, i. 1Aber 9595 at page 238. ¢~o. 52-48125~8 - Su~tolk Count)t ~ STATE OF NEW YORK, COUNTY OF SIlI'I~OI,K,,~,""..' On the 3rd day of April, Iq,H';. huf~tt T.~' I,,'r',mallv calm, I),\Vlt~ J. SAI,AND. to me known to be the indivldll;ll dmmrihud in :md who cxcuut:ud the foregoing instrument, and acknowled?,cd Ih41 CAROL GUYTOM ~OTARY PUBLIC, 5m~e of New Yo~k Notary Publi~ f -2- J IV 2519 5 DECLARATION OF COVENANTS AND RESTRICTIONS DISTRICT: 1000 SECTION: 125.00 BLOCK: 01.00 LOT: 002.007 LUIS SAN ANDRES and LYNN SAN ANDRES, residing at 27 West 67th Street, New York 10023, and DAVID J. SALAND, residing at (No~) Main Road, Jamesport, New York 11947, hereinafter referred to as the "Declarants". W I TN E S S E T H : WHEREAS, Declarants are the owners in fee simple of a Icertain parcel of land situate at Laurel, Town of Southold, !County of Suffolk and State of New York, being the premises [ described in deed dated July 8, 1983, made by Laurel Properties, recorded in the Suffolk County Clerk's Office on 7/13/83, in i Liber 9386 at page 169, a metes and bounds description of which !ils shown on Schedule "A" as attached hereto and made a part !~hereof, and referred to herein as the "premises". WHEREAS, the Declarants intend to subdivide said premises !for residential purposes and desire to subject said premises to i[certain reservations, restrictions, conditions, covenants and NOW THEREFORE, the Declarants do hereby declare that the ,aforesaid premises and every portion thereof is hereby held and ishall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the 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. The words "Subdivision", "Subdivision Map" or "Map, when used herein, are intended to mean the subdivision map of the premises entitled "Map of Section I, Laurel Estates, at Laurel, Town of Southold, Suffolk County, N.Y.", heretofore approved or about to be approved by the Southold Town Planning Board, and filed or about to be filed in the Suffolk County Clerk's Office. 1 2. No title in and to the bed of the road is to be conveyed to the lot purchasers. The Declarants retain the said title and the right to dedicate and convey the said title to the Town of Southold, of Declarants may convey title to the bed of the road, to the center line thereof, to each of the lot owners and each of the lot owners by accepting his deed agrees to accept same when delivered by Declarants. However, the land in the bed of the streets shown on said map shall be subject to !easements to provide for the installation and maintenance of all utilities, Cable T.V., drainage facilities, now or hereafter . installed, to provide service for the lot owners, whether iinstalled on the surface of, or above or below the ground. 3. Declarants hereby declare that the interior twenty-two (22) acres as shown on said map will remain open space in perpetuity, except that the said area may be used for agricultural purposes, including, but not limited to: farming and grape production. 4. Whereas Declarants are also the owners of approximately twenty-four (24) acres located to the east of the above referred l~"open space", and whereas Declarants wish to limit development of ilsaid property, it is hereby declared that the said area, as .described on Schedule "B" herein, will be limited to no more than i!four (4) residential building lots. ~15. Declarants reserve the right to declare additional covenants ~and restrictions on the premises. However, the covenants set without the approval of the STATE OF NEW YORK 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 being Court of Record )RT, IFY that I have compared the an and that it :~ .o-~.¢,q~ c./ v', /,~, ~-',,-,t'-- /: ~'-~x~,-?r~c°p,Y_'0' ~~ DO iS a just and true co~,, of ~ . . "'~ ~ ,z~az ~ i~ fthe whole thereof. ~z such original ~ - - , · and TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal ':ntyand Court this 2~ dayof ~ 19 ~d-- ?fsaid ............................. 104 ~ ~''' ~'l;;k~ 2 STATE OF NEW YORK, COUNTY OF SUFFOLK. SS.: On the~l~day of V~TL/~/ , 198~, before me personally came LUIS SAN ANDRES ~nd LYNN SAN ANDRES, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that CA~L GUY'rOM ,', ~ i A ......... ate of New York ......... uffolk Coun~//,~ · ,~ ....._r~ 30, 19t~W they executed the same. (N~ary PubIic)/ STATE OF NEW YORK, COUNTY OF SUFFOLK, SS.: On the~ ~ day of ~'u~ , 198~, before me personally came DAVID J. SALAND, tO me knowh to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. (Notary Public) CAROL GUYTON 'NOTARY PUBLIC, State of New York ,No. 52-48125~.'3 - Suffolk Ccunty~./ Commission E;,p,res ,~or~h 30, 3 SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Laurel, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the easterly line of Aldrich Lane with the northerly line of the laud of Mattituck Park District, which point is 1165.29 feet as measured northerly along the easterly line of Aldrich Lane from Main Road and running thence from said point of beginning northerly along the easterly line of Aldrich Lane the following courses and distances: 1. N. 34° 03' 00" W. 1169.06 feet, 2. N. 32° 56' ~O" W. 370.96 feet; thence easterly along the land now or formerly of Kujawski the following courses and distances: 1. N. 5~~ ~8' 40" E. 270.70 feet. 2. N. 66~ 37' ~O" E. 106.25 feet, 3. N. 56~ 21' 10" E. 69.30 feet~ 4. N. 45v 09' ~0" E. 73.70 feet 5. N. 55° 04' ~O" E. 117.OO feet 6. N. 56° 18' 10" E. 28.63 feet 7. N. ~0° 39' 10" E. ~O.36 feet 8. N. 49° 42' 10" E. 75.30 feet 9. N. 63° 51' 40" E. 26.~0 feet 10. N. 45° 59' ~O" E. 25.35 feet 11. N. 43© 15' 10" E. 62.80 feet, 12. N. 23~ 55' 10" E. 86.85 feet; thence southerly along the land now or formerly of Roy Reeve the fo]lowing courses ~nd distances: 1. S. 27~ 28' 50" E. 88.80 feet, 2. S. 33© 34' lO" E. 336.50 feet; thence southerly through the land of Luis San Andres, Lynn San Andres and D~vid J. Saland approximately 1600 feet to a point in the northerly line of the land now or formerly of Thomas Wowak, which point is approximately 125 feet westerly of the northeasterly corner of the land now or formerly of Thomas Wowak; thence S. ~6° 11' ~0" ~. along the northerly line of the land now or formerly of ~homas Wowak approximately 565 feet to the land of the Mattituck Park District; thence northerly and westerly along the land of the ~attituck Park District the following courses and distances: 1. N. ~° ~8' 10" W. 3?9.?6 feet, 2. S. 55° 5?' 00" W. 578.10 feet to the point or place of beginning. SCHEDULE B ALL that certain plot, piece or parcel of land situate, lying and being at Laurel, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the northwesterly line of Main Road (NYS Rte. 25) with the westerly line of the land of Cecil Young and m,nning thence from said point of beginning southwesterly along the northwesterly line of said Main Road the following courses and distances: 1. S. ~l° 23' 00" W. 66.85 feet, 2. S. ~O° 02' ~0" W. 295.95 feet; thence northerly and westerly along the land now or formerly of ~om~,, ',,'owak the following courses and distances: 1. N. 53 57' 50" W. 718.81 feet, 2. S. 56~ 11' 50" W. approximately 125 feet; thence northerly through the land of Luis San Andres, Lynn San Andres and David J. Sa] and approximately 16OO feet to the southwesterly corner of the land now or formerly of Roy Reeve; thence N. 51~' 26' OO" E. along the land now or formerly of Roy Reeve ~94.45 feet; thence southerly along the lands now or formerly of William Unkelbach and now or formerly of James Mulvihill, and now or formerly of Cecil Young the following courses and distances: 1. S. 55° 02' 20" E. 456.59 feet, 2. So 52° 57' 15" E. 665.60 feet, 5. S. ~5° 57' 50" Eo 1121.7~ feet to the point or place of begininM. 97'21 200 DECLARATION OF COVENANTS AND RESTRICTIONS DISTRICT: 1000 SECTION: 125.00 BLOCK: 01.00 LOT: 002.007 DP. CLARATION made this FJ~1~ day of ,J~d/~Oc]x'/ , 198~ by LUIS SAN ANDRES and LYNN SAN ANDRES, residing at 27 West 67th Street, New York 10023, and DAVID J. SALAND, residing at (NOW) Main Road, Jamesport, New York 11947, hereinafter referred to as the "Declarants". W I TN E S S E T H : WHEREAS, Declarants are the owners in fee simple of a ! certain parcel of land situate at Laurel, Town of Southold, i County of Suffolk and State of New York, being the premises i!described in deed dated July 8, 1983, made by Laurel Properties, recorded in the Suffolk County Clerk's Office on 7/13/83, in Liber 9386 at page 169, a metes and bounds description of which is shown on Schedule "A" as attached hereto and made a part hereof, and referred to herein as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to ilcertain reservations, restrictions, conditions, covenants and agreements. ARTICLE I - DEFINITIONS ii 1. The words "Subdivision", "Subdivision Map" or "Map, when used herein, are intended to mean the subdivision map of the premises entitled "Map of Section I, Laurel Estates, at Laurel, ! Town of Southold, Suffolk County, N.Y.", heretofore approved or about to be approved by the Southold Town Planning Board, and filed or about to be filed in the Suffolk County Clerk's Office. 2. The words "Lot Owner", as used herein, shall refer to the record owner of fee simple title in and to any lot in the subdivision, including the Declarants as to an unsold lot. 3. The words "Homeowners Association" or "Association", as used herein, shall refer to an incorporated nonprofit organization operating under recorded land agreements through which each lot owner is automatically subject to a charge for a 1 proportionate activities. the Map. share of the expenses for the organization's 4. The words "Open Space", as used herein, shall refer to interior twenty-two (22) acres as shown on the Subdivision ARTICLE II PROVISIONS NOW, THEREFORE, it is hereby held and shall be reservations, restrictions, il hereinafter set forth, to wit: 1. Declarants shall assume all declared that the said premises is sold and conveyed subject to the conditions, covenants and agreements responsibilities of the iiHomeowners Association until such time as Declarants have conveyed seven (7) of the lots to the Lot Owners. At such time, Declarants, their successors and assigns, shall, at their own cost and expense, incorporate a Homeowners Association and within sixty (60) days thereafter shall convey title to the Open Space to the Homeowners Association. 2. Upon the creation of the Homeowners Association, as hereinbefore provided, all responsibility for operation and maintenance of the Open Space shall lie with the Association. Every Lot Owner shall be deemed a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. 3. Within sixty (60) days after the creation of said Homeowners Association, by-laws shall be adopted for the government thereof, which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. 4. The by-laws of the Homeowners Association shall, in addition to other matters, provide for the following: (a) Each Lot Owner shall be entitled to one (1) vote at any meeting of the Association. Every Lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is held jointly, in common, or tenancy by the entirety. (b) The Association shall be perpetual; it shall ipurchase insurance, pay taxes, specify an annual homeowner's fee. Each and every Lot Owner shall be subject to a proportionate share of the aforementioned expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Open Space. (c) The Association shall have the right to suspend i:voting rights of a Lot Owner for his failure to pay when due the any charges shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. (d) The Association shall have the right to borrow such sums of money as it deems necessary for the maintenance and improvement of the 0pen Space, and to secure the same by a lien on the Open Space. 5. The use of the Open Space shall be as set forth in ,Declaration of Covenants and Restrictions dated / / , to wit: "The interior twenty-two (22) acres as shown on "Map of Section I, Laurel Estates, at Laurel, Town of Southold, Sufufolk County, N.Y.", heretofore approved or about to be approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk's Office, shall be leased to Declarants, or to whomever they shall designate, for agricultural purposes. The term of the lease to be for such a period of time as determined by Declarants, or their designee, at the inception of the lease. The consideration shall be that tenant shall pay the real estate taxes on the said 22 acres and maintenance costs." Upon the termination of such lease, the Open Space shall subject to the sole jurisdiction of the Homeowners Association, in accordance with the terms hereof. 6. These covenants and restrictions shall run with the land hereby and shall bind and inure to the benefit of said 3 and all charges due the Association; and that all such unpaid SCHEDULE A ALL that certain plot. piece or parcel of land situate, lying and being at Laurel, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the easterly line of Aldrich Lane with the northerly line of the land of Mattituck Park District, which point is 1165.29 feet as measured northerly along the easterly line of Aldrich Lane from Main Road and running thence from said point of beginning northerly along the easterly line of Aldrich Lane the following courses and distances: 1. N. 54° 05' 00" W. 1169.06 feet, 2. N. %2° 56' 50" W. ~70.96 feet; thence easterly along the land now or formerly of Kujawski the Following courses and distances: 1. N. 5~~ z~8' ~O" E. 270.70 feet, 2. N. 66~ 57' ~$0" E. 106.25 feet, 3- N. 96~ 21' 10" E. 69.50 feet, ~. N. ~5v 09' ~0" E. 75.70 feet 5. N. 5? 04' tO" E. 117.OO feet. 6. N. 56" 18' 10" E. 28.63 feet, 7. N. &~O° 59' 10" E. 50.56 feet. 8. N. 49~ ~2' 10" E. 75.50 feet~ 9. N. 65© 51' ~0" E. 26.~O feet. ]0. N. ~5° 59' ~0" E. 25.5~ feet, Il. N. ~o 15' 10" E. 62.80 feet, 12. N. 2%~ 55' 10" E. 86.85 feet; thence southerly along the land now or formerly of Roy Reeve the ~o]lowing courses and distances: 1. $. 27~ 28' 50" E. 88.80 feet~ 2. S. 55© 54' 10" E. 536.50 feet; thence southerly through the land of Luis San Andres, Lynn San Andres and David J. Saland approximately 1600 feet to a point in the northerly line of the land now or formerly of Thomas Wowak, which point is approximately 125 feet westerly of the northeasterly corner of the land now or formerly of · homas Wowak; thence S. 56° 11' 50" W. along the northerly line of the land now or formerly of ~homas Wowak approximately 565 feet to the land of the Mattituck Park District; thence northerly and westerly along the land of the Sattituck Park District the following courses and distances: 1. N. ~° 48' 10" W. 9?9.?6 feet, 2. S. 55° 5?' 00" W. 578.10 feet to the point or place of beginning. ~ parties hereto, aanuar¥ 1, 2000, their heirs, administrators and assigns until after which time they shall be automatically (10) years each unless an a majority of all of the restrictions in whole or !extended for successive periods of ten instrument signed by the then owners of lots agree to change such covenants and in part, shall have been recorded. However, notwithstanding any of the above, the Open Space shall remain in perpetuity. 7. Declarants hereby reserve the right to annul, waive, change or modify any of the reservations, conditions, covenants ~and agreements herein contained, and the right to impose ~additional covenants as may be required by either the Southold Town Planning Board or the Southold Town Board to effectuate the premises under the "cluster concept" set forth in the Southold ~ T~wn Cnd~. AIl Lot Owners. their successors, administrators and STATE OF NEW YORK SS.: CountyofSuffolk 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 bein~.~ Court of e~rd) DO H~EREBY CE, RTJFY that I have compared the~annexed copy of ~.~'~~.,, ~ /~ ~,~.~ ,,,-~ ~,, /~,mco.~- ~.~'~ t.,~ ¢c and that it is a just and true copy of such original and the whole thereof. TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said ~ty and Court this ~ ¥' day of ..................... ~/ ~ /"~ v.~ Clerk. 12-109:1/84 OF NEW YORK, COUNTY OF SUFFOLK,_ SS.: the~>/~day of ~d~/~L~[~/ , 198~, before me personally came LUIS S~N' ANDRES a~nd LYNN 'SAN ANDRES, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged CAROL GUYTON NOTARy , ~ .... ~Iate of New York that they executed the same. !ihe STATE OF NEW YORK, COUNTY OF SUFFOLK, SS.: On the~day of~7~CL~L~Y, 198~, before me personally %a~e DAVID J. SALAND, t6 me known to be the individual descriDe~ in and who executed the foregoing executed the same. CAROL GUYTON ~NOTARY PUBLIC, ;tare of New York ~No, 52-48]2588 - Suffolk Counl/z~//~ instrument, and ag~knowledged that (Notary ~u/bl i(~) DECLARATION OF COVENANTS AND RESTRICTIONS DISTRICT: 1000 SECTION: 125.00 BLOCK: 01.00 LOT: 002.007 DECLARATION made this ,t~ day of ~0~JOf~ , 198~, by LUIS SAN ANDRES and LYNN SAN ANDRES, residing at 27 West 67th Street, New York 10023, and DAVID J. SALAND, residing at (No~) i~Main Road, Jamesport, New York 11947, hereinafter referred to as ithe "Declarants". W I TN E S S E T H : ! WHEREAS, Declarants are the owners certain parcel of land situate at !!County of Suffolk and State of New described in deed dated July 8, 1983, in fee simple of a Laurel, Town of Southold, York, being the premises made by Laurel Properties, recorded in the Suffolk County Clerk's Office on 7/13/83, in Liber 9386 at page 169, a metes and bounds description of which is shown on Schedule "A" as attached hereto and made a part hereof, and referred to herein as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain reservations, restrictions, agreements. NOW, THEREFORE, it hereby held and shall conditions, covenants and is declared that the said premises is be sold and conveyed subject to the reservations, restrictions, conditions, covenants and agreements hereinafter set forth, to wit: 1. No more than one single-family dwelling with auxiliary ii buildings may be erected on any lot within the subdivision. , 2. No dwelling shall be erected having less than 1,250 ~:' square feet of interior living area. 3. No building of the type commonly referred !!"mobile" or "modular" shall be installed on any lot. !i 4. No commercial vehicles, recreational vehicles, to as trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line i of the plot, if not garaged. 5. No more than two household pets shall be maintained on the premises by any lot owner. Said animals shall be housed and maintained in accordance with any applicable municipal regulations and any other pertinent governmental regulations. No other animals, including chickens, ducks and pigs, shall be kept on the premises. 6. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. 7. No cyclone fences shall be erected on the premises. 8. All plans and specifications for construction shall be subject to the approval, in writing, of the Declarants, which approval shall not be unreasonably withheld. 9. The interior twenty-two (22) acres as shown on "Map of Section I, Laurel Estates, at Laurel, Town of Southold, Suffolk County, N.Y.", heretofore approved or about to be approved by the Southold Town Planning Board and filed or about !i to be filed in the Suffolk County Clerk's Office, shall be leased to Declarants, or to whomever they shall designate, for agricultural purposes. The term of the lease to be for such a period of time as determined by Declarants, or their designee, at the inception of the lease. The consideration shall be that tenant shall pay the real estate taxes on the said 22 acres and maintenance costs. 1~. Any of the reservations, conditions, covenants and agreements herein contained, with the exception of Paragraph 9 above, may be annulled, waived, changed or modified by Declarants, or their successors. Additional covenants may be imposed as required by either the Southold Town Planning Board or the Southold Town Board to effectuate the premises under the "cluster concept" set forth in the Southold Town Code, including the formation of a homeowner's association, and the possible dedication of common areas to the said association. Future 9'72:1 SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Laurel, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the easterly line of Aldrich Lane with the northerly line of the land of Mattituck Park District, which point is 1].65.29 feet as measured northerly along the easterly line of Aldrich Lsne from Main Road and running thence from said point of beginning northerly along the easterly line of Aldrich Lane the following courses and distances: 1. N. 34° 03' O0" W. 1169.O6 feet, 2. N. ~2° 56' 30" W. ~70.96 feet; thence easterly along the land now or formerly of Kujawski the following courses and distances: N. 5~~ ~8' ~O" E. 270.70 feet. 2. N. 66~ ~7' ~0" E. 106.25 feet 5. N. 56~ 21' I0" E. 69.30 feet 4. N. 45~ 09' ~O" E. 73.70 feet 5. N. 5g° 0~' 40" E. 117.OO feet 6. N. 56° 18' 10" E. 28.63 feet 7. N. ~O° ~9' 10" E. 30.36 feet 8. N. ~9° 42' lO" E. 75.~O feet 9. N. 63° 51' 40" E. 26.40 feet 10. N. 45° 59' 40" E. 25.35 feet ll. N. 43° 15' 10" E. 62.80 feet 12. N. 2Bv 55' 10" E. 86.85 feet; thence southerly along the land now or formerly of Roy Reeve the following courses and distances: 1. S. 27~ 28' 50" E. 88.80 feet, 2. S. 33° B4' 10" E. 336.50 feet; thence southerly through the land of Luis San Andres, Lynn San Andres and Dmvid J. Baland approximately 16OO feet to s point in the northerly line of the land now or formerly of Thomas Wowak, which point is approximately 125 feet westerly of the northeasterly corner of the land now or formerly of ~homas Wowak; thence $. 56° 11' ~O" W. along the northerly line of the land now or formerly of ~homas Wowak approximately 565 feet to the land of the Mattituck Park District; thence northerly and westerly along the land of the Mattituck Park District the following courses and distances: 1. N. ~o 48' 10" W. ~79.76 feet, 2. S. 55° 5?' O0" W. 578.10 feet to the point or place of beginning. i}covenants and restrictions will provide for annual maintenance icharges sufficient to pay for maintenance of the common areas, ~'including sums sufficient to pay taxes, insurance and any other administrative costs that may be necessary to maintain the required homeowner's association under the "cluster concept". ~All lot owners, their successors, administrators and assigns, i shall be bound by any such future covenants and restrictions. IN WITNESS WHEREOF the Declarants have duly executed this Declaration on the day andyear - Luis S~k~,'And£'es David J. Sala.~ STATE OF NEW YORK, COUNTY OF SUFFOLK, SS.: On the ' day of cC~ , 198~, before me personally came LUIS SAN ANDRES And LYNN SAN ANDRES, to me known to be the individuals described in instrument, and acknowledged CAROL GUYTON NOTARY PUBLi~, ~tate of New York. No. 52-48 i25~¢3 - ~uifoik and who executed the foregoing that they exec.uted the same. (Notary Public) ~ STATE OF NEW YORK, COUNTY OF SUFFOLK, SS.: On the~.~.~[ day of ~L~4C~4.'7' 19 , before me personally came DAVID J. SALAND, tdme kno0n to be the individual described in and who executed the foregoing he executed the same. CAR0¢. GUYTON 'NOTARY PUBLIC, S~ale of New York 'No. 52-48 i 25~8 - Suffolk Count,v~/ Commission E~p rc~ .',',~rch 30, } instrument, and acknowledged that (Notary Public) I