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Home My WebLink About1000-25.-4-11.8 .. . 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 5 Receipt Number : 06-0110626 Recorded: At: District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM LIBER: PAGE: Section: 025.00 EXAMINED Following Fees For Block: 04.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $15.00 $5.00 $0.00 $5.00 $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 11/15/2006 03:09:28 PM D00012478 755 Lot: 011. 008 $5.00 $15.00 $0.00 $30.00 $75.00 Exempt NO NO NO NO " .. Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Page / Filing Fee I Handling 5. l}(L TP-584 Notation EA-5217 (County) a-o Sub Total EA-5217 (State) R.P.T.S.A. ~\) Comm. of Ed. 5. 00 Affidavit . ~ ertrfied CopY' ')~ Reg. Copy ~ 7ru~ Sub Total Other tj- Grand Total 4 District 1000 Section 25 Block 4 Lot 11.8 5 Real Property Tax Service Agency Verification 1000 02500 0400 011008 6 SatisfactionlDischarges/Release List Property Owners Mailing Address RECORD & RETURN TO: Charles R. Cuddy, Esq. P. O. Box 1547 Riverhead, NY 11901 7 Co. Name Title # . Y:.i:2':' [:)j-'1 ;" ,. -,. ~;,.... _ '--".."_'U Recording / Filing Stamps Mortgage Am!. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assi!. or Spec. / Add. TOT. MTG. TAX Dual Town Dual County _ Held for Appointment _ Transfer Tax Mansion Tax The property covered by this motgage is 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 in~rume~!. t Communit Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TO TD TO Title Company Information 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions (SPECIFY TYPE OF INSTRUMENT) Christine A. Morton made by: The premisis herein is situated in TO SUFFOLK COUNTY, NEW YORK. In the Township of South old In the VILLAGE or HAMLET of Orient BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Town of South old . . r' , .. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. 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 31 s1. 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 Recei ver 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, u~1: ~,-"i,- Edward P. Ramaine Suffolk County Clerk " . . - DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this,2gthday of June, 2006, by Christine A. Morton, residing at 25 East 86th Street, New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of South old, County of Suffolk, State of New York, known and designated as lots 1,2 and 3 on the subdivision map of Orchard Street Farm dated July 19,2005, which premises is more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that same will be in the best interests of the Declarant and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 2 and 3 within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: I. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision map of Orchard Street Farm dated July 19,2005, unless such use is approved by the Planning Board ofthe Town of Southold. 2. Future residents of the lots shown on the approved subdivision map may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 3. Prior to any construction activity on any of the lots shown on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. r --~--- ~ 4. 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 ofthe property only with the written consent ofthe Town granted by a majority plus one vote of the Planning Board after a public hearing. 5. 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 part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 6. 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 by 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. 7. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. (K7r,p,tP f\ .n10(~r Christine A. Morton STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the ~ay of --c;I ~ 2006, before me, the undersigned, personally appeared CHRISTINE A. MORTON, 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 she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. CHARLES R. CUDDY Notary PUblic, State of New York No. 5872225 . Q~alified In Suffolk County Commission Expires December 31, 20~ Notary Public COUNTY CLI'RK'S OFFICE STATE OF NEW YORK SS COUNTY OF SUFFOLK ], JUDITH A. PASCALE, Clerk oftbc County of Suffolk and the Court of P.ecord thercof~ do hereby certify tbat I bave compared the annexed with the original ne('.lC\~o,:FiOYl....RECORDED in my office onlJ~l'::>:()&,. under UBFE ...1.4.1S...PAGE .7'5S....and, that tbe same IS a true copy thereof, and of the whole of such original. . " In Testim~ny Whereol~ I ~ bereunto s'1t.{ny ba~d and~ffixed the seal of saId County and Court on tIm ./6...... .day of.. f\JCrJ.e. .1\o:e......., 20.o~ CLERK.. 91.L~g.P.... "A Lt.../ "" . . SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; RUNNING THENCE along said land now or formerly of Gemma the following three courses and distances: 1. North 05 degrees 42 minutes 30 seconds West, 135.60 feet; 2. North 57 degrees 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes 00 seconds West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: 1. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South 89 degrees 42minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 37.50 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 205.00 feet; RUNNING THENCE along curve to the right with a radius of 10 feet, a distance of 15.71 feet; 111111111111111111111111111111111111111111111111111 1111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 7 Receipt Number : 07-0013287 District: 1000 Received the Page/Filing COE TP-584 Cert.Copies SCTM Recorded: At: LIBER: PAGE: Section: 025.00 EXAMINED Following Fees For Block: 04.00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO NO $21. 00 $5.00 $0.00 $5.00 $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 02/06/2007 11:52:53 AM D00012490 916 Lot: 011.008 $5.00 $15.00 $0.00 $30.00 $81.00 Exempt NO NO NO NO . --,"- -._- --- ",-","', , .-.-'" Number of pages TORRENS r~'": '.~' "';" ""' .-c-. Serial # ::::,J"" !"CiL.] ,-,. I',,'~" ; '-"-':.'j l{{iC:l /.:r~!_; Certificate # ',-,. .7 i. -~. Prior Clf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee Handling 5. J)(L Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. TP-584 Notation or Spec. / Add. TOT. MTG. TAX Dual Town Dual County _ Held for Appointment _ Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a olle or two family dwelling ollly. YES or NO If NO. see appropriate tax clause on page # of this instrument. 0:)-01-01 4 DistrictlOf Real Property Tax Service Agency Verification 1000 02500 0400 011008 11.8 5 Communit Preservation Fund / P T S f R SFL A \OS-FEB-1l7 '~ Consideration Amount $ CPF Tax Due $ Improved Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 TO TO TO 7 Title Company Information Co. Name Title # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Al!ricultural and Open Space Covenant (SPECIFY TYPE OF INSTRUMENT) made by: Christine A. Morton The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold In the VILLAGE Town of Southold or HAMLET of Orient BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) . . Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. 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 mav 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 HalI 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 Smith town, 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 Is1ip 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, &uw1t ~,"'~~ Edward P. Ramaine Suffolk County Clerk . . AGRICULTURAL AND OPEN SPACE COVENANT THIS DECLARATION, made this is+- day of FCbrl,L()(lf ,2007, by Christine A. Morton, residing at 25 East 86th Street, New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESS TO: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots I, 2 and 3 on the subdivision map of Orchard Street Farm dated July 26, 2006, as more particularly described on the annexed Schedule A; and WHEREAS, the Declarant agrees that open space and agricultural soils and uses should be preserved, and WHEREAS, it is the policy of the Town of South old to preserve agriculture and to protect the scenic and open space character of the Town, and WHEREAS, both Declarant and the Town of Southold recognize the agricultural, scenic and natural values of Declarant's property at Orient, in the Town of South old, as hereinafter more particularly described, should be preserved for agricultural or open space purposes; NOW, THEREFORE, THIS DECLARATION WITNESSETH: I. The Declarant agrees that the property labeled Conservation Area (Lot I) as shown on the map of "Orchard Street Farm" at Orient, last dated July 26, 2006,shall be protected and conserved in perpetuity pursuant to the provisions of the Declaration. Except where reference is made to the entire subdivision Lots 2 and 3 shall not be affected by this covenant. 2. The Conservation Area shall only be used or maintained solely for agricultural or open space purposes. 3. Agricultural purposes shall mean the right to conduct farming, including the cultivation of crops of all kinds including but not limited to all forms of horticulture, the pasturing, grazing, feeding and care oflivestock. 4. Customary agricultural fencing, deer fencing and accessory structures including Page I of 4