HomeMy WebLinkAbout1000-69.-1-9
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION/DOP
Number of Pages: 7
Receipt Number : 05-0073376
District:
1000
Received the
Page/Filing
COE
TP-584
Cert.Copies
SCTM
Recorded:
At:
LIBER:
PAGE:
Section:
069.00
EXAMINED
Following Fees For
Block:
01. 00
AND CHARGED AS FOLLOWS
Above Instrument
Exempt
NO
NO
NO
NO
NO
$21.00
$5.00
$0.00
$8.75
$0.00
Handling
NYS SRCHG
Notation
RPT
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
07/14/2005
03:45:07 PM
D00012397
801
Lot:
009.001
$5.00
$15.00
$0.00
$30.00
$84.75
Exempt
NO
NO
NO
NO
Number of pages
TORRENS
1
Serial #
Certificate #
Prior Ctf. #
Deed. Mortgage Instrument
Deed / Mortgage Tax Stamp
3
FEES
Page / Filing Fee
Handling
5. Jill-.
TP-584
Notation
J~/
EA-5217 (County)
Sub Total
EA-5217 (State)
R.P.T.S.A.
Je-
Comm. of Ed.
5. 00
Affidavit
~~~~~;dC~ ~
Reg. Copy
~iI
)1',75
JV. 7([
't1
-
--
Sub Total
Other
IS
Grand Total
r
4 DistrictlOOO Section
Real
Property
Tax Service
Agency
Veritication
069.00 Block
009.001 5
01.00 Lot
6
SatisfactionlDischarges/Release List Property Owners Mailing Address
RECORD & RETURN TO:
PATRICIA C. MOORE ESQ.
51020 MAIN ROAD
SOUTHOLD NY 11971
7
Co. Name
Title #
.
FECOPDEC'
2DC6 Jul 14 0:.3: 4:1~ 07 f'J1'1
Ed!.,.1.3 td P. F'om.3 i ne
CLEF.:i< OF
SUFFOU': CDUrH;.,.'
! r,Cltlfl' 'Y'<:C:7
..... ,.. .~.,~..~' ~ ~,,'~' ~ ,
p '::Cil
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assit.
or
Spec. / Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointment _
Transfer Tax
Mansion Tax
The property covered by this motgage i
or will be improved by a one or tw
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this i stru ent.
Communit Preservation Fund
Consideration Amount
$0.00
$ n/a
CPF Tax Due
Improved
Vacant Land
TO
TO
TD
Title Company Information
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached COVENANTS AND RESTRICTIONS
(SPECIFY TYPE OF INSTRUMENT)
DOROSKI FAMILY LIMITED
PARTNERSHIP, LLC
made by:
The prernisis herein is situated in
TO
SOUTHOLD TOWN PLANNING BOARD
SUFFOLK COUNTY, NEW YORK.
In the Township of SOUTHOLD
In the VILLAGE
or HAMLET of SOUTHOLD
ROYPr;;: II. THJUiTTnJ..:r Sil1\tfTT<::':T RP 'T'vppn n'R P'RT1\.T'T'pn T1\.T IH dry ThTTl' ()l\TTV DDTnD Tn D'QrY'\Dnn\Tn. nD CTT T1\.Tn.
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SOUTHOLD TOWN PLANNING BOARD
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made by Doroski Family Limited Partnership LLC.
doing business at 38400 County Road 48, Southold, New York this 21 day
of June, 2005, 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 SOUTHOLD TOWN PLANNING
BOARD (hereinafter referred to as the PLANNING BOARD) for
approval of a conservation subdivision on the PREMISES. These
Covenants to not apply to lot 4 (33.16 acres) which Town of
Southo1d has purchased Development Rights.
2. This subdivision and the owner of each lot shall comply with
the New York State pollution Discharge Elimination System
(SPEDES) requirements. The SPEDES permit requires, at a
minimum, that an erosion and sediment control plan be prepared
for any construction activity that disturbs one or more acres.
The Storm-water Pollution Control Plan requires erosion
control planning, site management and sediment control by all
landowners. Prior to any construction activity (GP-02-01)
administered by the New York State Department of Environmental
Conservation (DEC) under the Phase II State Pollution
Discharge Elimination System (SPEDES) Program.
3. As a condition of approval by the PLANNING BOARD of the
subdivision or development application, the DECLARANT
covenants that a 50 foot Natural & Undisturbed Vegetative
Retention Buffer runs along lot 1, lot 2, and lot 5 which is
depicted on the subdivision plat. It is hereby understood
that the Natural & Undisturbed Vegetative Retention Buffer is
intended to preserve the existing trees and natural growth and
provide a natural habitat. No Clearing is permitted in the
Natural & Undisturbed Vegetation Buffer, except ordinary and
proper maintenance and removal of diseased, decayed or dead
vegetation, and obnoxious plant, provided that the area in
which maintenance activity is conducted will be re-vegetated
in accordance with an approved plan by the Southold Town
Planning Board with species native to the State of New York.
Notwithstanding the above, the Natural & Undisturbed
Vegetative Retention Buffer may be supplemented with
additional native vegetation.
4. As a condition of approval by the PLANNING BOARD of the
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conservation subdivision, the DECLARANT covenants that
on lots 1 through 3 clearing shall be limited to the
following: lot one is limited to 35% of the total lot
size; lot two is limited to 25% of the total lot size;
lot 3 is limited to 25% of the total lot size.
5. The location of the clearing shall be at the discretion
of the owner as long as the aggregate land area cleared
does not exceed the limit of clearing. The limitation on
clearing and cutting shall not prohibit the proper
landscaping and maintenance of the vegetation, including
but not limited to removal of diseased, decayed or dead
material and obnoxious plant species. Specifically
permitted throughout the entire property is the planting
of additional native plants, or replacing trees and other
vegetation with comparable native species.
6. The lots are located adjacent to an agricultural reserve
and these lots may be subject to the noise and fugitive
dust normally associated with agricultural activities.
Farming practices and activities are protected pursuant
to Article XXII, Farmland Bill of Rights [Added 5-27-1997
by L.L. No.11-1997] Section 100-220. Right to Farm of
the Town of Southold Town Code.
7. No new residential structure (exclusive of driveway and
dry wells) or sanitary disposal facility shall be
constructed or otherwise located less than 100 feet from
the most landward limit of freshwater wetland.
8. No stormwater runoff resulting from development and
improvement of the subdivision or any of its lots shall
be discharged into the freshwater wetlands on site.
9. A conservation or scenic easement having a minimum width
of 75 feet shall be established landward of the edge of
freshwater wetland vegetation. Such clearing and cutting
within the 75 feet shall be subject to review by the Town
of Southold to insure proper maintenance and preservation
of the natural buffer.
10. All stormwater runoff resulting from the development and
improvement of this subdivision or any of its lots shall
be retianed on the site by adequate drainage structures
so that it will not flow out onto the right-of-way of CR
48.
11. 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.
12. The aforementioned Restrictive Covenants shall be
enforceable by the Town of Southold, State of New York,
by injunctive relief or my any other remedy in equity or
at law. The failure of said agencies or the Town of
Southold to enforce the same shall not be deemed to
affect the validity of this covenant nor to impose any
liability whatsoever upon the Town of Southold or any
officer or employee thereof.
9. 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
only with the written consent of the PLANNING BOARD.
10. 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 be held to unconstitutional, the
same shall not affect the validity of these covenants as
a whole, or any other part or provision hereof other than
the part so adjudged to be illegal, unlawful, invalid, or
unconstitutional.
~~~ilY Lim'ted partners~ip LLC.
~ \.,~
Robert Jenkins , Managing Agent
DECLARANT:
,.-...
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Schedule A
DESCRIPTION OF PROPERTY
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Doroski Family Limited Partnership LLC.
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FEB. 12.2001 3:46PM
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1'K).428
P.2/3
File No.: RH80D03326
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SCHEDULE A - DESCRIPTION
ALL that ~rtain plot, piece or parcel of land, situate, lying and being near the Village of Southold, Town of
Southold, County of SUffolk end State of New York. bounded and descrtbed as follows:
BEGINNING at a point the following two (2.) alurses and distances from the oomer formed by the intersection
of the southeasterly side of Sound View Avenue with the southwesterly side of Hope L.ane;
1). Westerly along the southeasterly side of Sound VieW Avenue 150 feet to an Iron pip. set on the
southeasterly side of Sound View Avenue end lands now or formerly of Gol2:;
2). Thence along said last mentioned lands South 39 degrees 58 minutes 40 seconds East 2.86.20 feet to
a monument and the tnle point or placa of beginning;
Running thence from said tnle point of beginning South 39 degrees 58 minutes 40 seconds East and along
lands now or formerly of Golz, and along lands now or formerly of BrocIc and L.uee, and lands hOW or former1y
of Tabor, and lands now or former1y MUdd, 1226.14 feet;
Thence still along lands now or formerly of MUdd, South 40 degrees 10 minutes 30 soalnds East 769.93 feet
to a monument set In the northwesterly side of North Road, (C. R. 48);
Thence along the northwesterly side of North Road, (C. fl.. 48) South 54 degrees 25 minutes 30 seconds West
719.82 feet to a monument and lands now or formerly of Zebroskl, Jr.;
Thence along said last mentioned lands and along lands now or formerly of Adamls North 42 degrees 17
minutes SO seconds West 1830.37 feet;
Thence along land noW orformer1y of Adamls, North 44 degrees 25 minutes 23 seoodns West 57.311'eet to
land now or formerly of Lehmann;
Thence partly along said last mentioned lands North 01 degrees 30 minutes 30 seconds West 70 feet to a
monumant;
Thence North 50 degrees 01 mInutes 20 seconds East 750.05 to a monument end the true point or pia"" of
8EGINNING.
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Fee Polic:y Insert
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STATE OF NEW YORK:
COUNTY OF SUFFOLK: ss.:
On the 21" day of June, 2005, before me, the undersigned, personally appeared Robert H.
Jenkins personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity and that by his signature on the instrument, the individual, or
the person upon behalf of which the individual acted, executed the instrument.
~ d-C~~'
Not rY~
MARGARET C. RUTKOWSIO
Notary Public, State of New York
No. 4982528
Qualified In Suffolk Ccl!Jnlr.
Commleaion ExpirM June a. .:a!Zp 7
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