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HomeMy WebLinkAbout1000-114.-5-1SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 7 Receipt Number : 09-0063262 District: Section: Block: 1000 114.00 05.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $35.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert. Copies $8.75 NO RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Recorded: At: LIBER: PAGE: Lot: 06/08/2009 01:24:38 PM D00012590 354 001.000 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $113.75 Judith A. Pascale County Clerk, Suffolk County DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this Dr'~4~'ay of~8, bY PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, residing at 1500 Mary's Road, Mattituck, New York 11952, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at 1500 Mary's Road, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-114-5-1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has made an application for and has received conditional approval t¥om the Planning Board of the Town of Southold for a subdivision of the premises into two (2) parcels, as shown on map of"Standard Subdivision for the property of Peter and Gloria Onufrak", prepared by John T. Metzger, L.S., last dated October 7, 2007, which map will be filed in the office of the Suftblk County Clerk; and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Planning Board has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed upon the Property, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suflblk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXI1. Farmland Bill of Rights, of the Southold Town Code. 2. There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. 3. There shall be no changes to any of the lot lines without Planning Board approval. 4. In accordance with Section 240-51 of the Southold Town Code, all storm water run-off resulting from the development of any or all of the lots on the subdivision map shall be retained on site via gutters, downspouts and drywells and shall be the responsibility of each property owner. Discharge of storm water from structures or improvements into wetlands is prohibited. 5. Pursuant to Section 240-49, Clearing, of the Southold Town Code, clearing of Lot 1 shall be limited to 35% or 28,000 square feet of the total lot area. 6. There shall be no clearing, grading or ground disturbance within the 100' non-disturbance buffer delineated on the plat. 7. Pursuant to 240-35, required improvements and utilities of the Southold Town Code, all utilities serving the lots shall be located underground. 8. The area designated on the Map as Open Area, and described more fully in Schedule "B" annexed hereto, shall be subject to the following restrictions and prohibitions, in addition to those otherwise set forth in this Declaration: a) The Open Area shall not contain any residential dwelling units. b) The Open Area may contain a barn or accessory shed or enclosure. c) The Open Area shall be used only for keeping the land in its natural state, or for agricultural or horticultural uses, or for woodlot, arboreta and silviculture in keeping with established standards tbr selective harvesting and sustained-yield forestry, or for picnic areas, gardens, trails or low impact passive recreational uses (specifically excluding motorized off road vehicles, rifle ranges and similar uses). d) No synthetic herbicides or pesticides shall be used or applied within the Open Area. e) The area located within seventy-five (75) feet of Co. Rt. 48 shall be further designated as a Buffer Area. No structures shall be located within the Buffer Area, other than fencing or other minimal accessory structures approved by the Sonthold Town Planning Board and any other authorities having jurisdiction. The Buffer Area may be mowed to maintain meadow type grassland or lawn area. The Buffer Area shall be used only for keeping the land in its natural state, or for agricultural or horticultural uses, or for woodlot, arboreta and silviculture in keeping with established standards for selective harvesting and sustained-yield ibrestry, or for gardens, or low impact passive recreational uses (specifically excluding motorized off road vehicles, rifle ranges and similar uses). 9. These covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing. 10. 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. 11. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity of these covenants as a whole or any 3 other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 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 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. 13. 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 on the day and year first above written. Peter P. Onufrak l ] )~oria A. G,)~co-Onufrak / STATE OF NEW YORK: COUNTY OF SUFFOLK: On January ~,in the year 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Peter P. Onufrak and Gloria A. Greco-Onufrak, personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or the person or entity upon behalf of / which the individuals acted, executed the instrument. Re/c&rpbonufrak N°t~iry Pubfic ~';d DONNA McGAHAN Notary Public, State of New Yo*k No. 01MC4851459 OD Ou. sllfied In Suffolk County_ mmts$10n Expires Aug. 18, ~ SCHEDULE"A" ALL that certain plot, piece or parcel of land, situate, lying and being in at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Mary's Road at the extreme northerly end of a curve connecting the easterly side of Mary's Road with the northerly side of Middle Road (C. R. 48); RUNNING THENCE North 27 degrees 31 minutes 20 seconds West, along the easterly side of Mary's Road, 618.35 feet to a monument and land of the County of Suffolk; THENCE along said last mentioned land the following two (2) courses and distances: 1. North 64 degrees 17 minutes 07 seconds East, 540.05 feet; and South 29 degrees 09 minutes 25 seconds East, and passing through a stake, 433,30 feet to a monument and the northerly side of Niddle Road (C. R. 48); THENCE along the northerly side of Middle Road (C'. R. 48) the following two (2) courses and distances; 1. South 38 degrees 43 minutes 03 seconds West, 390.52 feet; and Southwesterly along the arc of a curve bearing to the right having a radius of 5669.58 feet, a distance of 139.80 feet. to the southeasterly end of the curve first above mentioned; THENCE northerly along said arc of a curve bearing to the right having a radius of 47.89 feet, a distance of 93.5 feet to the easterly side of Mary's Road and the point or place of BEGINNTNG. SCH KI){3-[.]~ ~B~ "OPEN SPACE" ALL that certain plot, piece or parcel of land, situate, lying and being in at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Mary's Road at the extreme northerly end of a curve connecting the easterly side of Mary's Road with the northerly side of Middle Road (C. R. 48); RUNNING THENCE North 27 degrees 31 minutes 20 seconds West, along the easterly side of l~ary's Road, 116.44 feet; THENCE North 64 degrees 17 minutes 07 seconds East, 208.23 feet; THENCE North 27 degrees 31 minutes 20 seconds West, 250.00 feet; THENCE North 64 degrees 17 minutes 07 seconds East, 109.50 feet; THENCE North 27 degrees 31 minutes 20 seconds West, 251.91 feet to land of the County of Suffolk; THENCE along said last mentioned land the following two (2) courses and distances: 1. North 64 degrees 17 minutes 07 seconds East, 222.32. feet; and 2. South 29 degrees 09 minutes 25 seconds East, and passing through a stake, 433.30 feet to a monument and the northerly side of Middle Road (C. R. 48); THENCE along the northerly side of Middle Road (C. R. 48) the following two (2) courses and distances: 1. South 38 degrees 43 minutes 03 seconds West, 390.52 feet; and 2. Southwesterly along the arc of a curve bearing to the right having a radius of 5669.58 feet, a distance of 139.80 feet to the southeasterly end of the curve first above mentioned; THENCE northerly along said arc of a curve bearing to the right having a radius of 47.89 feet, a distance of 93.5 feet to the easterly side of Mary's Road and the point or place of BEGINNING. Number o£ pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mor~gag~ Insa'ument TP-584 Deed / MbRgage Tax St~'np FEES Notation EA-52 17 (County) EA-5217 (State) ILP.T, 8,A. Comm. of Ed. Affidavit Reg. Copy Other __ ':Sub Total 5'00 GRAND TOTAL ~ [ Real Pmpe~ ~..~;~. ' I ~ i~. I Lot 1000 11400 0500 001000 Stamp Dat~ Initials ~ Satishctions/Disch~ges/RolO~es List Prop,~ Omers Mail~g Addro~s ~ckham,, Bressler~ Gordon & Ge&sa~ P.C. ' P.O. Box 142~ ~att~tuek, ~ 11952 This page forms part of/he attached P,. ecording / Filing Stamps o Amt. 1. Basic Tax . · 2. Additional Tax $ub Totel 0t Spec:./Add. TOT, M,TO, TAX Dual Town.__ Dual County Hold for Apportionment Transfer T~x Mansloh Tax. The property covered by this mortgage is will bi improved by a one or two faro dwelling,only. YES or NO If NO, see appropriatb tax clause on pag* __ of this Instrument. Cg,mmunity Preservation Fun( Conside~ration Amount $. CPF Tax Due Improved , Vacant Land Title Company Info rmation Suffolk Cowry Recor ng & E dorsement Page Declaration of Covenants 'and Restrictions made by (SP~ ~E OF ~~) ' , · The premises herein is situated in PETER P. ONUFRAK AND GLORIA A. GRECO-ONUFRAK SUFFOLK COUNTY, NEWYORIC TO In the TownsMp.of . Southold TOWN OF SOUTHOLD ~l In the VlT,T,AOE or HAMLET of ! Mattituck .... ,,~ · ~r mr T a ~ ,~ Tc'r' ~2 TVP~ ~'I~ PRTRr fifo ]AT P,T ACK INK ONLY PRIOR TO RECORDING OR FTT,TN(].