HomeMy WebLinkAbout1000-100.-2-3DECLARATIO~N~QF CO_YE_~A~T~ ~O REST_RI_C_T~O~S
This dcclaration made and dated lhi~ : da~ ~l ,r/,] ~
2006, by Krupski Family. t,! ,C. ',~ ith ofl~ccs ~1. 1~5.; Or,~on Roml. Ma~lBick. Ne~,
11952. hereinafter rclb~ed m as "Declaram"
WI I NESS ~, I II
~EREAS. thc Declamnl is lhe owner oFcerloin real prope~; described in
Schedule "A' attached hereto and made pa. hereol~ and
~E~AS. the DECLARANT has made an applicatiou Ibr and hag received
conditional approval t~om lhe Plannin~ Board of the Town of Soulhold to subdivide soid
pro~ into ~o (2) lots. as shown on the subdivision map of"Kmpski F~mily L1
prepared by Pe~onic Land ~u~eyors. I~st dated //~o/o6, Which map will be filed
h~ewith in the O~ce of the Suffolk County Clerk: and
WHEREA~. lbr and in cons~deratu n of lhe ~rnmin~ of s~id approval, the
board of the Town of Southold has deemed it m be in the best inlerests of thc Tow~ of
Southol~ and th~ owners and prospective own~s of said lois thai the wilhiu Covenanls
and Restrictions be imposed on said lois. and as a condilion of said approval, said
Pl~ing Board has required lhal Ihe within Declaration be recorded in lhe Suffi Ik
County Clerk's O~ee: WtIEREAS. ~he DECI ,ARANT hm considered the~-foregom~ and
have determined that the same xvill be tbr the best inte~sts oflhe DECI.ARANT and
sub~quent owners of said p~rcel:
NOW. ITll::,Rt~F¢)RI'. Ills I)F¢'I. ARAT¢)N WIt q[',;Slll
That the IL)ECLARANT. for the pnrpose of carrying oul the inlenlions above cxpres~fed~
does hereby make known, admil, pnblish, covenant and agree Ihal lhe said lots wilhil~ said
subdivision map shall hereafter be suhiecl m Ihe following covenams and reslriclions as
herein cited, which shall nm with the land and shall be binding upon all p~rchasers, lot
owners and holderq of said Proner~v, their heirs, execulors, administralors, legal
representatives, dislributees, successors and assigng m wit:
I. '1 o comply with Chaplet A-106 future yield calculalions requirements '1
clustered open space fbr l:ot I equals .377 acres and is inclusive and part of l,o~ 2.
which equals 55.99 acres. When determining luture parcel yield, the cluster opc~l
space shall be sublrnctcd from ~he I,ot 2 parcel area ~55 99 ~crcs~ a~ uu-huildable
lands.
2. Fo comply wilh Chapter A-106. rctlnired elnster open ~pacc reqmremcl~ls for
Standard Sub-divisions on a parcel equal m or greamr than 7 acres. In thc cvenl
that the parcel is ill,her sub-divided_ the cluster ()pen space resulting bom I,oI I
1,377 acrcs~ shall he couti~m~us m~d inclugive oflhc cnl~0lallvc fatal percci~l ,~1
cl,qler open space required f~n lhe parcel.
3; To corn .ply with (hapler A--106 Al [k~rdable Ilousmg requiremen% in the ¢i~cnt
the parcel ~s further subdivided. Lol 2 shall be considered a created ~ot and shall be
included as Lot I of any future yield. Theretbre. lhe Al¥ordable Hot,sing
requiremen~ shall apply to any proposal of 4 or more created lots roi the parcel.
4. By this Declaration~ thin,re residems of Iht lots which comprise the subdivis~o,
are advised that the lots may be subject to the nmse. dust and odors nom~ally
associated by agricultural activities pursuant to Article XXIL Farmland Bill
l~ights, of the Southold Town Code.
5. No changes shall be made to any of the lot lines on Ibc approved and filed
sabdivision map without approval by the Southold Town Planning Board.
6~ Access to the buildin~ envelope anti proposed residence on 1 ~o! 2 3halt be I'roln
Sound View Avenue.
These covenants and restrictions shall mn with the land and shall be?inding upon
the DECLARANTS. its heirs, its successors and assigns, and upon all perstns or entities
claiming under them. and may be terminated, revoked or amended by the owner of the
property'only with the written consent tffthe l'ow,~ granted by a ,najoril~ plus (me vote of
the Planning boanl after a public hearing.
If any section, paragraph clause, nhrase or pro¥ision of these covenamr.: and reslriclions
~hall. by a Court ofeompelea~ll jurNdlclion, be adjudged illegal, onlawfifi, invalid or held
to uneonstitntionaL the same shall not al]bcl ihe validity of these covenanl~ a~ a whole
any other part or provision hereof off(er than thc pan so adjudged 1o be illegal, unlaw fid.
invalid or unconstitutional.
Fhe aforementioned Restriclive C~vcnants are intended fur the benefit of and shall
enforceable by the town of Sonthold. S;ate of New York. by iniunclive relief or by
other r~edy in equity or at law The failore of said agencies ~f the Town of Son'tho]~ to
enforce the same shall not be deemed ~o affect the vMidity of this covenanf nor to impose
any liability whatsoever upon the toxw~ of Southold or any officer or employee thercclf'
The within .Decimation is made subject to the provisions of all laws required by law or by
theft provisions to be incorporated herein and made part hereof, as though fUlly se~ fdrtb.
That the ~vithin Declaration shall run with the land and shall he binding upon the
Declaranl and its successors and assigns, and upon all persons or entities chiming under
them, and may not be annulled, waived, changed, modified, terminated, revoked, or
amet~ded by. subsequent owners of tim property anless and until approved by a majority'
plus one vote of the Planning board of thc l'ow~ of Southold or its successi~rs, after a
COUNTY CLERK' S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
$S.:
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof, do hereby certify that I have compared the annexed with the
original .~..9.....F-J~'Ei..~..~,,}~.~-~c.~x ..... RECORDED in my office on .~7ff.]~].7~...~....
under LIBER .I.~.~..~.~ ................ PAGE ~3..~. ..... and, that the same is a true
copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of
said County and Court on this.. )~]~...day of....'70'~... I<..~. ............... ,200.~...
CLERK. ~.~. ~2-..~.T,./L..../~... :....~..~
Fidelity National Title
INSURAN( E ( OMPANY
TITLE NO. 06-7404-65151.SS-SUrf
SCHEDULE A
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of
Southold, County cf Suffolk and State of New York, at rvlattituck, and being more
particularly bounded and described as follows:
BEGINNING at a point on the northerly line of Oregon Road, 1070 feet, more or less,
easterly along said northerly line from Mill Road, being the southeasterly corner of land of
Mattituck Shores Association;
RUNNING THENCE northerly along said land of Mattituck Shores Association, 3,8] 6 feet,
more or less, to the southerly line of Soundview Avenue;
THENCE easterly along said southerly line of Soundview Avenue, 353 feet, more or less, to
the land of Mount;
THENCE southerly along said land of Mount and land of Robinson, 171 feet, more or less;
THENCE still along land of Robinson, two courses, one course easterly, 322 feet, more or
less, and then southerly, 3618 feet, more or less to said northerly line of Oregon Road;
THENCE westerly along said line of Oregon Road, 690 feet more or less, to the point or
place of BEGINNING.
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