HomeMy WebLinkAbout1000-83.-2-11.5
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1111111111111111111111111111111111111111111111111111111
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 8
Receipt Number : 06-0109749
TRANSFER TAX NUMBER: 06-12637
Recorded:
At:
LIBER:
PAGE:
District:
1000
Deed Amount:
Section:
083.00
EXAMINED AND
$0.00
FOLLOWS
Block:
02.00
CHARGED AS
Received the Following Fees For
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO Transfer tax
NO
Page/Filing
COE
TP-584
Cert.Copies
SCTH
Connn, Pres
$24.00
$5.00
$5.00
$5.20
$0.00
$0,00
Fees Paid
TRANSFER TAX NUMBER: 06-12637
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
11/14/2006
11:48:40 AM
D00012478
288
Lot:
012.000
$5.00
$15.00
$0.00
$50.00
$0.00
$109.20
Exempt
NO
NO
NO
NO
NO
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
Deed. Mortgage Instrument
Deed I Mortgage Tax Stamp
3
FEES
, ,ge I Filing Fee
Handling
C~
Hotation
5.~
):
EA-5217 (County)
3i
Sub Total
EA.-521? (State)
,
i
R.P.T.S.A.
50-
Comm. of Ed.
5. 00
Affidavit
Certified Copy
J dO
75J-O
~'
Reg. Copy
Sub Total
Dther
I \/
_ _ Grand Total
4 District . _ Section
83 Block
2 Lot
Real
Property
Tax Service
, I,gency
Verification
1000 08300 0200 012000
1000 08300 0200 011005
I; SatisfactionlDischargeslRelease List Property Owners Mailing Address
RECORD & RETURN TO:
PATRICIA C. MOORE ESQ
51020 MAIN ROAD
SOUTHOLD NY 11971
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RECOF.:DECl
2006 t.~OI.} 14 11:48:40 RN
.Judi th H. P.3scale
CLERK OF
SUFFOLK COUt-lT'y'
L DOOO 124 7t:
F' 2:::8
DT# 06-12637
Recording I Filing Stamps
Mortgage Amt.
I. Basic Tax
2. Additional Tax
Sub Total
Spec. I Assit.
or
Spec. I Add.
TOT. MTG TAX
Dual Town _ Dual County _
Held for Appointmen~
Transfer Tax Q.
Mansion Tax
The property covered by this motgage i,.'
or will be improved by a one or two
family dwelling only,
YES or NO
If NO, see appropriate tax clause on
page # of this instrument. 6
_ ~O
5
Communit Preservation Fund
Consideration Amount
$0
$0
Due
Improved
Vacant Land y::
TO (0
(
TD
TD ___'~__
Title Company Information
Co. Name PECONIC ABSTRACT, INC.
Title #
,fl Suffolk County Recording & Endorsement Page
This page forms part of the attached COVENANTS AND RESTRICTIONS. wj EI\Sl2l'1\S:tJj made by:
(SPECIFY TYPE OF INSTRUMENT)
.'),REGON LLC AND MORELL LLC
The premisis herein is situated in
TO
SUFFOLK COUNTY, NEW YORK.
In the Township of SOUTHOLD
In the VILLAGE
~~ONICA LLC
ocHAMLETof CUTCHOGUE
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING
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Dear Taxpayer,
Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for
.1>:1' your records.
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If a portion of your monthly mortgage payment included your property taxes, you will now need
to contact your local Town Tax Receiver so that you may be billed directly for all future property
tax bills.
Local property taxes are payable twice a year: on or before January 10th and on or before May
31st. Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes
200 East Sunrise Highway
North Lindenhurst, NY 11757
(631) 957-3004
Riverhead Town Receiver of Taxes
200 Howell Avenue
Riverhead, NY 11901
(631) 727-3200
Brookhaven Town Receiver of Taxes
250 East Main Street
Port Jefferson, NY 11777
(631) 473-0236
Shelter Island Town Receiver of Taxes
Shelter Island Town Hall
Shelter Island, NY 11964
(631) 749-3338
East Hampton Town Receiver of Taxes
300 Pantigo Place
East Hampton, NY 11937
(631) 324-2770
Smithtown Town Receiver of Taxes
99 West Main Street
Smithtown, NY 11787
(631) 360-7610
Huntington Town Receiver of Taxes
100 Main Street
Huntington, NY 11743
(631) 351-3217
Southampton Town Receiver of Taxes
116 Hampton Road
Southampton, NY 11968
(631) 283-6514
Islip Town Receiver of Taxes
40 Nassau Avenue
Islip, NY 11751
(631) 224-5580
Southold Town Receiver of Taxes
53095 Main Road
Southold, NY 11971
(631) 765-1803
Sincerely,
~I: ~,~tJ
Edward P. Ramaine
Suffolk County Clerk
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DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
ROAD & MAINTENANCE AGREEMENT
This declaration made this 28 day of September, 2006,
between Oregon LLC doing business at P.O.Box 1287, (NO#) Oregon
Road, Cutchogue, New York, 11935, herein "Declarant", and
Morell LLC, doing business at P.O.Box 1287, (NO#) Oregon
Road, Cutchogue, New York, 11935, herein "Declarant";
WITNESSETH
Whereas, Oregon LLC is the owner of real property,
described on the annexed Schedule "A", and known as Suffolk
County Tax Lot 1000-83-2-11.5, and which property is located on
the north side of Oregon Road, Cutchogue, Town of Southold,
County of Suffolk and State of New York, and
Whereas, Morell LLC is the owner of the real property,
described on the annexed Schedule "B", and known as Suffolk
County Tax Map Number 1000-83-2-12,which property is contiguous
to Oregon LLC, also located on the north side of Oregon Road,
Cutchogue, Town of Southold, County of Suffolk and State of New
York, and
Whereas, the undersigned Declarants joined in an
application for a subdivision of the 52.91 acres with 8 lots as
shown on a subdivision plan prepara ~ J/OS~ph ~egno, Lan~ ,,,"" r(C
,+:' mOm,v,," LL i'1Tl'~v","" ..
Surveyor, dated February 26, 2004 'fe as map I/~'U~ W:L h r.~ /l1/If/OIR
the Suffolk County Clerk and wish to impose certain restrictions
on the use of the property and the common use and enjoyment of I ~ ~
the road.""'" ;:/l-K.~ A~ 4/1J.tO#INl.i3. -S/,-LJv. I-tIO HtNI'"eU,Lu...
h.e.g/JYI.l-Lc., {::/{...EO i1111.{/O~ Lr1 WunHj DtSL/CCo{lL,
Now, therefore, the declarants, for themselves, their
successors and assigns, declares that the parcels shall be held,
transferred, sold, conveyed and occupied subject to the
following covenants, restrictions, conditions and easements
(sometimes referred to as "covenants and restrictions")
hereinafter set forth.
Section 1- Easements and Right of ways:
(A) The common road is shown on a conservation subdivision
map running from Oregon Road to Lot 6. The road and utilities
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have been installed by the Declarant. The owners of lots 1, lot
2, lot 3, lot 5 and lot 6 are benefitted by the improved road
within the right-of-way which runs along the westerly side of
lot 4. Said right-of-way is for ingress and egress, and for
installation, maintenance and repair of all utilities. In
addition, Declarants mutually grant such easements from Oregon
Road along the easterly side of lot 7 to Lot 5 and 6 for
utilities. Declarants reserve the right to grant utility and
water service line easements to any other parcels they deem
appropriate.
(B) The owners of each lot, its heirs, successors and
assigns shall at their own cost and expense, return the road to
its original condition after construction of a house and any
accessory structures, as well as construction, installation,
maintenance, repair, inspection and replacement of any
driveways, water lines and service utilities.
(C) The Water service for Lots 1 through 3 run along the
existing subdivision road, and the water service for Lots 5 and 6
runs along the easterly side of Lot 7, through lot 6 and to lot
5. The electric utilities run from Oregon Road in a northerly
direction along Dignan's Road easterly along the mapped Right-of-
way to Lot 1, Lot 2, Lot 3, Lot 5 and Lot 7. Lot 5 and Lot 6
shall be subject to the rights of others to construct, install,
maintain, repair, inspect and replace such utilities within the
right of way, as shown on the filed map. All lots on the
subdivision map shall be subject to those utility easements shown
on the filed map. Declarant, his successors or assigns, shall not
interfere with said utilities.
Section 2 - Ownership of Road: The Declarant will convey the
road to Monica LLC, a New York Limited Liability Company doing
business at P.O.Box 1287, Cutchogue, NY. At the closing of title
to the lots, the owners of Lot 1, 2, 3, 5 and 6 become members of
said Monica LLC and shall have a 20% membership interest in
Monica LLC. The owner of Lots 1, 2, 3, 4 and 6, as members of
Monica LLC, shall be responsible for one-fifth of the cost to
repair and maintain the road and drainage, including, but not
limited to snow removal, for the entire length of said right of
ways from Oregon Road to Lot 6. Payment of one-fifth of the cost
of snow removal and routine repair and maintenance shall be due
and payable within 30 days of the presentation of the receipted
statement and request for payment. Maintenance assessments become
liens against the property if the assessments remains unpaid for
2
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more than 60 days after written notice is sent to the record
property owner.
Section 3 - Maintenance of right of way: The extent of
routine repair and maintenance of said right of way shall be
determined by the Monica LLC, in its sole discretion. Snow
removal shall be required as needed.
Section 4 - Completion of construction of residence: The
exterior of the residence to be constructed on each Lot must be
100% completed within 12 months of the date of issuance of a
building permit by the Town of Southold or commencement of
construction, which ever is later, subject to force majeure.
Section 5 - Trailers, mobile homes, etc.: No trailer,
mobile home, tent or shed shall be used as a residence.
Section 6 - Signs: No signs other than one displaying
owner's name and address shall be erected. Such permitted sign
shall not exceed 288 square inches in size. In addition,
temporary "For Sale" and small security alarm, "Private Property"
and "No Trespassing" signs shall be permitted.
Section 7 - Animals: No animals, other than the usual and
customary inside household pets, shall be kept on the premises
and such pets must be confined to the yard. Horses are
prohibited. No coops, outside cages, dog runs or other structures
for housing animals shall be erected without the approval of
Declarant, in its sole and absolute discretion.
Section 8 - Garbage, debris: No portion of any Lot shall be
used or maintained as a dumping ground for rubbish, trash,
garbage or other waste including compost. All household garbage
shall be stored in a closed container(s), screened from view and
shall be removed from the premises not less than once per week.
Section 9 - Boarding up of structures: No residence and
accessory structures shall be boarded up, nor shall any windows
or entrances be sealed for any extended period of time, except in
case of fire or similar catastrophe.
Section 10 - Rental: No portion of the residence shall be
rented to boarders, transients, or seasonal rentals and no Bed &
Breakfast, or other such commercial use shall be permitted. This
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provision is not intended to prohibit occupancy by persons
related to one another, or the housing of housekeepers, home
health aides, nurses, nannies or similar personnel.
Section 11 - Vehicles/boats: Commercial vehicles and
commercial boats shall only be stored in a garage. Non-commercial
vehicles including trucks, boats, mobile homes, campers,
recreational vehicles (RV) or trailers, limited to one, may be
stored out of doors.
Section 12 -Condition of premises: Each Lot shall be kept
neat, orderly and well maintained.
Section 17 -In the event of a violation or breach of this or
any provision of this Declaration after giving thirty (30) days
notice to cure, if the breaching party shall fail to take
reasonable steps to remedy such violation or breach, the non-
breaching party may enforce the covenants by an action at law or
a proceeding in equity and if successful such be entitled to
recover all costs and expenses incurred including reasonable
attorneys fees.
Section 18 - Exclusive Road: Lot 4 & Lot 7 are agricultural
parcels and shall not have the right to enter onto the
subdivision road. The road shall be for residential use only and
the exclusive benefit of Lots 1, 2, 3, 5, and 6.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the day and year first above written.
Morel~
By: <<:,____~/~/Z
c::::--- ~ LO U IS C. c.. {J12. ~ 0
or~
By: ~. /?r/--.-
.. LOU/~ C. C-OIZSU
4
1
State of New York
)
) : ss.:
)
County of Suffolk
~.
On theC2~day of ~ in the year 2006 before me, the
undersigned, personally appeared~Morell, LLC andToregon, LLC
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
they executed the same in their capacity, and that by their
signature on the instrument, the individual, or the person upon
behalf of which the individual acted, cuted the instrument.
C. C- tJ'f<. ~ 0
..., LOU IS.
-=,~=:;S_Vootl fYD.OIPEU/3Du3LP
No. Q1PE 6130636
Qualified In Suffolk County 2C() '1
ComrnlSSiol1ExpiresJuIy1B._
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
SS.:
f
f R I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
~rigi:~~r~~he~~ that I have compared the annexed with the
under LlBER j:1i1.7f.:'1i... . p~iO~18 In my office on . ''IN.lo&...
copy thereof, and of the wh~i~';i ~~~h original. ..... ,and, that the same is a true
said co~:~e:~i:~:~:o~e~~~t, II ,1a::;:" hedreuntof ~~~ ~~2. and affixed the seal of
, T.I../,l.. ayo ..IW,y,-p.,lUIJo.,- 200'-
CLERK QlL~"a. tJ~
.........................................
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SCHEDULE "A" DESCRIPTION
ALL that ceriain plot, piece or parcel of land, situate, lying and being at
Cutchogue, Town of Southold, County of Suffolk and Slate of New York,
bounded and described as follows:
BEGINNING at a point on the northerly side of Oregon Road, said point being
the intersection of the westerly line of land now or formerly of Timothy T.
Steele and Jeanne F. Steele, formerly land of Nina Stevens with the northerly
side of Oregon Road, said point also being the southeasterly corner of parcel
about to be described;
RUNNING THENCE from said point of beginning, South 43 degrees 15 minutes
50 seconds West along the northerly side of Oregon Road 434.08 feet land now
or formerly of Frank D. Oliveto, Frank Tucci, Michael Makrides and Louis
Essman, formerly of John Zuhoski;
RUNNING THENCE North 46 degrees 30 minutes 10 seconds West along land
now or formerly of Frank D. Oliveto, etal. 1903.37 feet to land now or formerly
of Luba Corso, Regina Corso and Monica Corso;
RUNNING THENCE North 82 degrees 28 minutes 00 seconds East along land
now orformerly of Luba Corso, Regina Corso and Monica Corso 478.11 feet to
land now or formerly of Timothy T. Steele and Jeanne F. Steele;
RUNNING THENCE South 48 degrees 44 minutes 00 seconds East along land
now or formerly of Timothy T. Steele and Jeanne F. Steele 1602.13 feet to the
northerly side of Oregon Road and the point or place of BEGINNING.
SCTM: 1000-83.00-02.00- 011.005
Oregon, LLC
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SCHEDULE "B" DESCRIPTION
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 point on the northwesterly side of Oregon Road at the
southeast corner of the herein described premises where the same is
intersected by the westerly side of land now or formerly of Joseph B. and Mary
B. Hannabury, said point of beginning being also distant the following (3)
courses and distances from the corner formed by the intersection of the
easterly side of Cox's Lane with the southeasterly side of Oregon Road:
1) North 47 degrees 21 minutes 25 seconds West, 49.34 feet across Oregon
Road to the northwesterly side of Oregon Road;
2) North 44 degrees 54 minutes 10 seconds East, 224.17 feet along the
northwesterly side of Oregon Road;
3) North 43 degrees 43 minutes East, 6.11 feet to the true point or place of
beginning;
RUNNING THENCE from said true point or place of beginning along the
northwesterly side of Oregon Road the following (3) courses and distances:
1) South 4:> degrees 43 minutes West, 6.11 feet;
2) South 44cdegrees 54 minutes 10 seconds West, 224.17 feet;
3) South 40: degrees 23 minutes West, 518.97 feet to land now or formerly of
John, Jr. and Lucille Zuhoski;
THENCE along land now or formerly of Zuhosk~, North 46 degrees 39 minutes
50 seconds West, 2149.51 feet to land now or formerly of Kalamaras;
THENCE along said last mentioned land the following (2) courses and
distances:
1) North 41 degrees 30 minutes East, 444.10 feet;
2) North 67 degrees 36 minutes 30 seconds East 356.55 feet to land now or
formerly of Joseph 8. and Mary B. Hannabury;
THENCE along said last mentioned land, South 46 degrees 04 minutes 40
seconds East, 1996.91 feet to the northwesterly side of Oregon Road at the
point or place of BEGINNING.
SCTM: 1000-083.00-02.00-012.000
Morell, LLC
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1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION/DOP
Number of Pages: 8
Receipt Number : 06-0095892
Recorded:
At:
District:
1000
Received the
Page/Filing
COE
TP-584
Cert.Copies
SCTM
LIBER:
PAGE:
Section:
083.00
EXAMINED
Following Fees For
Block:
02.00
AND CHARGED AS FOLLOWS
Above Instrument
Exempt
NO
NO
NO
NO
NO
$24.00
$5.00
$0.00
$5.20
$0.00
Handling
NYS SRCHG
Notation
RPT
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
10/02/2006
02:08:15 PM
D00012471
966
Lot:
011.005
$5.00
$15.00
$0.00
$50.00
$104.20
Exempt
NO
NO
NO
NO
Number of pages
~]0
?
.
( jj)
, ...--'
F::ECOPDED
20Ci6 Dct 02 D2~ O:::~ 1.~; Pi'l
. This docurnentwill be public
",'cord. Please remove all
Social Security Nurnbers
prim to recording.
Judit.h k. P,':isc.~le
CLEF~K OF
SUFFOU< CCiUrH1.,';
L [:i(iCl012471
F ':.~i6t.
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
Recording / Filing Stamps
3
FEES
? P.T5A
Sub Total ~/
>O~
5. 00
).)-J
15. 00 Sub Total 75,)'0
Grand Total lot/. ;m
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 mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
Page / Filing Fee
Handling
Tp.584
-;~ -
5. 00
.,otation
EA-52 17 (County)
EA-5217 (State)
Comm. of Ed.
Affidavit
Certified Copy
\JYS Surcharge
Other
t,\
{! /11
If NO, see appropriate tax clause on
page # of this instrument.
Real Property
Tax Service
" Agency
Verification
1000 08300 0200 011005
1000 08300 0200 012000
5 &12. 5 Community Preservation Fund
Consideration Amount $ ~
4 Dist. ]
CPF Tax Due
$ IV /1'.
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Vacant Land
PATRICIA C. MOORE ESQ
5] 020 MAIN ROAD
SOUTHOLD NY 11971
TD
TD
TD
.~> .
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY
www.suffolkcountyny.gov/c1erk
7
Title Company Information
11901
Co. Name
Title #
I..
tl
. e.:3 :3
Suffolk County Recording & Endorsement Page
This page forms part of the attached
by:
MORELL U.C AND OREGON, u.c
DECLARATION OF COVENANTS & RESTRICTIONS
(SPECIFY TYPE OF INSTRUMEND
made
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO
'jr,
SO! [THOT D TOWN PI A NNTNG ROA RD
In the TOWN of SOT [THOT D
In the VILLAGE
or HAMLET of rTfTrHOGTfE
~..
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED iN BLACK INK ONLY PRIOR TO RECORDING OR FiLING.
(over)
.
.
SOUTHOLD TOWN PLANNING BOARD
DECLARATION OF COVENANTS AND RESTRICTIONS
fl d It I-IHII- IW. /1 c) ~ rn It/l'- tz..p,
-, '1'
THIS DECLARATION made by Oregon LLC and Morell LLC doing business
in Cutchogue, New York this cQ.s-- h. day of September, 200E),
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:
rr___.
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.
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. This erosion
and sediment control plan has been filed with the Planning Board
and a "Notice of Intent" forwarded to New York State Department
of Environmental Conservation, in accordance with "General Permit
for Storm-water Runoff from Construction Activity" (GP-02-01),
Albany, New York.
3. As a condition of approval by the PLANNING BOARD of the
subdivision or development application, the DECLARANT covenants
that a 5' wide vegetative buffer runs along the south side of lot
1 through 3, lot 5, and lot 6, depicted on the subdivision pla~
It is hereby understood that the Vegetative Buffer along the south
side of the above lots is intended to mitigate the development
impacts on the view shed from Oregon Road. To mitigate the impact
on the view shed, prior to issuance of a Certificate of Occupancy,
the owner of the above listed lots shall be required to plant a
minimum of 8 street trees (or evergreens) consisting of a mixture
.
.
of native species along the area designated as vegetative buffer.
The native species, size and planting specifications are
identified in the Southold Town Code. Subdivision regulations
AI08-45. The owner shall guarantee the survival of the plants for
a minimum period of five years.
4. As a condition of approval by the PLANNING BOARD of the
conservation subdivision, the DECLARANT covenants that along the
common boundary of Oregon LLC, and the adjacent parcel, being the
east side of Dingnan's Road and west side of the Conservation
Subdivision road, the Natural Buffer will be maintained. Prior
to removal of the natural buffer the DECLARANT shall submit a plan
(landscape, fencing, or other) to the Planning Board for their
approval. The Natural Buffer may be pruned to maintain safe
access and may be supplemented with native species without prior
Planning Board approval.
5. As a condition of approval by the PLANNING BOARD of the
conservation subdivision, the DECLARANT covenants that on lot 1
through 3, lot 5, and lot 6, clearing for residential purposes
shall be limited as shown on the filed map and in accordance with
Chapter AI06-56 of the Town Code. 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 authorized percentage. The
limitation on clearing shall not prohibit the proper landscaping
and maintenance of the vegetation, including but not limited to
removal of diseased, decayed or dead vegetation 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. This
condition does not prohibit or limit clearing associated with the
agricultural use of the property.
6.
As a condition of approval by the
conservation subdivision, the DECLA~~T
be no further subdivision of Lots 1,
perpetuity.
PLANNING BOARD of
covenants that there
2, 3, 5, 6 and
the
will
8 in
7. As a condition of approval by the PLANNING BOARD of the
conservation subdivision there shall be no changes to any of the
lot lines without approval of the Town of Southold Planning Board.
8. By this Declaration future residents of the lots which comprise
the subdivision are advised that the lots may be subject to the
.
.
noise, dust and odors normally associated with
activities pursuant to Article XXII, Farmland Bill
the Town of Southold.
agricultural
of Rights, of
9. The aforementioned Restrictive Covenants are intended for the
benefit of and 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, amende.-,.
or promulgated.
10. In the event that the Development Rights Easement sale is not
completed pursuant to the approved subdivision map and a copy of
the recorded Deed of Development Rights Easement is not submitted
to the Town of Southold Planning Department, the Planning Board's
approval of the subdivision shall no longer be valid.
11. The Town of Southold Building Department shall not
issue building permits for any of the lots on the approved
subdivision map until the Development Rights Easement sale is
completed pursuant to the approved subdivision map and a copy of
the recorded Deed of Development Rights Easement submitted to the
Town of Southold Planning Department.
12. The aforementioned Restrictive Covenants are intended for the
benefit of and 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.
13. The owners of lot 1 through 3, lot 5, and lot 6, shall have the
right of ingress and egress, and utilities over the common 25 foot
right-of-way as shown on the map. Said common access is or may
be improved with asphalt, electric lines, cable, water lines, gas
lines, and such other utilities as may become available.
14. As the parcels are improved with a single family dwelling, the
owners of those improved lot 1 through 3, lot 5, and lot 6, shall
share the cost of maintaining said common driveway in it present
condition, including but not limited to the cost of snow removal,
the cost of routine repair as needed to maintain the common
.
.
driveway in its present condition, and for such other routine
repair as may be required. The owner's payment of their share of
said cost shall be due and payable within 30 days of the
presentation of a receipted paid statement or bill.
15. Declarant hereby reserves the right to grant an easement for
utilities over or under the right-of-way to adjacent properties
for the purpose of connecting to existing or future utilities
which run within the right-of-way.
16. That the parties, their respective distributees, devisees,
personal representatives, successors or assigns, upon whom this
agreement and conveyance shall be binding and to whom its benefits
shall inure, shall in any wise impede or obstruct the other party
in the free use of the right-of-way or utility easement for the
purposes set forth above.
17. 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 [!Lay be
terminated, revoked or amended by a vote of a majority plus one
of the members of the Planning Board.
18. 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.
Morell, LLC
~
B~~~
Louis C. Corso, Managing Member
Oregon, LLC
BY)~~
Louis C. Corso, Managing Member
COUNTY CLERK'S OFFICE
STATE OF NEW YORK SS.:
COUNTY OF SUFFOLK
.
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof, do here2rcertify that I have compared the annexed with the
original D.~81:l11~.".f.....R.....RECORD.I;D in the office on IO.~~.:-:~..
under LIBER ....J.~Y1J..............PAGE .9~.......and, that the same is a true
copy thereof, and of the whole of such original.
In Testimony Whereof, I h~ hereunto set ~ hand and affixed the seal of
said County and Court on this..;;I,...... .day of. 0.... ~.~R............, 2006...
CLE4M.J :~. .a.,.f).. ", ~ ,-.I
.
.
.
State of New York
ss:
County of Suffolk )
On this ~6t~day of September, 2006, before, the undersigned,
personally appeared LOUIS CORSO, personally known to me or proved to
me on the basis of satisfactory evidence to the be individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their
capacity (ies), and that by his/her/their signature (s) on the
instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
~/
.//
,/-"
/
NotaUublic
PATRICIA C. MOORE
Notary Public, State of New York
Suffolk County - No. 4861668
Commission Expires June 16.11U.e
State of New York
ss:
County of Suffolk
On this 7-~~ day of September, 2006, before, the unders~gned,
personally appeared LOUIS CORSO, personally known to me or proved to
me on the basis of satisfactory evidence to the be individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their
capacity (ies), and that by his/her/their signature (s) on the
instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
No'e~
PATRICIA C. MOORE
Notary Public. State of New Yotli
Suffolk County - No. 4861669
Commission Expires June 16, .:1:f1.i 0
.
.
SCHEDULE "A" DESCRIPTION
ALL that ceriain plot, piece or parcel of land, situate, lying and being at
Cutchogue, Town of South old, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point on the northerly side of Oregon Road, said point being
the intersection of the westerly line of land now or formerly of Timothy T.
Steele and Jeanne F. Steele, formerly land of Nina Stevens with the northerly
side of Oregon Road, said point also being the southeasterly corner of parcel
about to be described;
RUNNING THENCE from said point of beginning, South 43 degrees 15 minutes
50 seconds West along the northerly side of Oregon Road 434.08 feet land now
or formerly of Frank D. Oliveto, Frank Tucci, Michael Makrides and Louis
Essman, formerly of John Zuhoski;
RUNNING THENCE North 46 degrees 30 minutes 10 seconds West along land
now or formerly of Frank D. Oliveto, eta!. 1903.37 feet to land now or formerly
of Luba Corso, Regina Corso and Monica Corso;
RUNNING THENCE North 82 degrees 28 minutes 00 seconds East along land
now or formerly of Luba Corso, Regina Corso and Monica Corso 478.11 feet to
land now or formerly of Timothy T. Steele and Jeanne F. Steele;
RUNNING THENCE South 48 degrees 44 minutes 00 seconds East along land
now or formerly of Timothy T. Steele and Jeanne F. Steele 1602.13 feet to the
northerly side of Oregon Road and the point or place of BEGINNING.
SCTM: 1000-83.00-02.00- 011.005
Oregon, LLC
.
.
SCHEDULE "Al> DESCRIPTION
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 point on the northwesterly side of Oregon Road at the
southeast corner of the herein described premises where the same is
intersected by the westerly side of land now or formerly of Joseph B. and Mary
B. Hannabury, said point of beginning being also distant the following (3)
courses and distances from the corner formed by the intersection of the
easterly side of Cox's Lane with the southeasterly side of Oregon Road:
1) North 47 degrees 21 minutes 25 seconds West, 49.34 feet across Oregon
Road to the northwesterly side of Oregon Road;
2) North 44 degrees 54 minutes 10 seconds East, 224.17 feet along the
northwesterly side of Oregon Road;
3) North 43.degrees 43 minutes East, 6.11 feet to the true point or place of
beginning;
RUNNING THENCE from said true point or place of beginning along the
northwesterly side of Oregon Road the following (3) courses and distances:
1) South 43 degrees 43 minutes West, 6.11 feet;
2) South 44. degrees 54 minutes 10 seconds West, 224.17 feet;
3) South 40: degrees 23 minutes West, 518.97 feet to land now or formerly of
John, Jr. and Lucille Zuhoski;
THENCE along land now or formerly of Zuhoski, North 46 degrees 39 minutes
50 seconds West, 2149.51 feet to land now or formerly of Kalamaras;
THENCE along said last mentioned land the following (2) courses and
distances:
1) North 41 degrees 30 minutes East, 444.10 feet;
2) North 67 degrees 36 minutes 30 seconds East 356.55 feet to land now or
formerly of Joseph B. and Mary B. Hannabury;
THENCE along said last mentioned land, South 46 degrees 04 minutes 40
seconds East, 1996.91 feet to the northwesterly side of Oregon Road at the
point or place of BEGINNING.
SCTM: 1000-083.00-02.00-012.000
Morell, LLC