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HomeMy WebLinkAbout1000-97.-10-1SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tlrpe of Instrument: DECLARATION Number of Pages: 8 Receipt Number : 10-0027657 District: 1000 Recorded: At: 03/09/2010 11:22:59 AM Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $40.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $70.00 NO Fees Paid $155.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County LIBER: D00012618 PAGE: 573 Section: Block: Lot: 097.00 10.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp L Recording / Filing Stamps ,I Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.ET.S.A. Colnm. of Ed. Affidavit Certified Copy Reg. Copy Other 5. 00 FEES Sub Total ~' '~- Sub Total ~Dc~ Grand Total / 5'7~,~ 4 District Section I Block Lol Real Properl Tax Sel Agenc) Verific~ 1000 09700 1000 001000 1000 08500 0300 012001 1000 08500 0300 012002 6] Satisfaction~ischarges~eleaseListPropertyOwnersMailingAddress RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Consideration Amount 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 is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause ou ~ge #. of this inj~trun}enl. Community Preservation Fund $. CPF Tax Due $ Improved Vacant Land __ ]TD TD TD 8 Co] Title Company Information Name Tte# Suffolk County Recording & Endorsement Page This page forms part of the attached BRIARCLIFF SOD INC, TO TOWN OF SOUTHOLD DECLARATION OF COVENANTS & RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of PECONIC BOXES 6 THROUGtl 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 l 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 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 lslip Town Receiver of Taxes 40 Nassau Avenue lslip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward E Ramaine Suffolk County Clerk DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made on this j '--day of March, 2010, by Briarcliff Sod, Inc., a New York corporation having offices located at 43635 Route 25, Peconic, New York 11958, hereinafter referred to as the Declarant, as the owner of premises located at State Road 25, Peconic, New York and described in Schedule A annexed hereto (hereinafter referred to as the PREMISES) and further described as SCTM Nos. 1000- 97-10-1; 1000-85-3-12.1 & 12.2; WHEREAS, DECLARANT has made an application to the Planning Board of the Town of Southold, Suffolk County, State of New York for a conservation subdivision of property containing 24.97 acres into three (3) lots pursuant to a certain map made by John C. Ehlers surveyed on May 23, 1997, last revised on October 29, 2008 (See Exhibit A); and WHEREAS, the DECLARANT 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 said covenants and restrictions; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Clustered Subdivision of Briarcliff Sod, Inc." prepared by John C. Ehlers, Licensed Land Surveyor, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and NOW, THEREFORE, the DECLARANT, its successors and/or assigns hereby sets forth the following covenants, agreements and declarations against the above described premises: 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 XXII, Farmland Bill of Rights, of the Southold Town Code. 2. The DECLARANT hereby agrees to contain the surface water runoff from Lot 3 on the subject property by constructing a vegetated swale running along the southerly end of Lot 3 and running along the northern boundaries of Lots 1 and 2, running N51°00'20"E for 350.00' in an area sufficiently large enough to contain said surface water runoff from Lot 3 on Lot 3 and eliminate any drainage issues as required by §236 of the Southold Town Code; and .... 3~ The DECLARANT hereby agrees to construct the aforementioned vegetated swale in accordance with the approved Drainage Map attached to the approved Conservation Subdivision map entitled "Clustered Conservation Subdivision for the Property of Briarcliff Sod Inc." made by John C. Ehlers surveyed on May 23, 1997, last revised on October 29, 2008 (See Exhibit A) so that it will be contiguous to the adjacent property line to the east and the vegetated swale described in the approved, filed and recorded Covenants and Restrictions for the approved Conservation Subdivision for David J. Cichanowicz" 4. The DECLARANT hereby agrees to maintain the structural integrity of the vegetated swale on Lot 3 so that the effectiveness of the vegetated swale is maintained to prevent surface water run-off from Lot 3 and eliminate any drainage issues and comply fully with §236 of the Southold Town Code. 5. The DECLARANT hereby agrees that storm water and surface water from the development and improvement on Lots 1 and 2 of the subdivision or any of its lots shall be retained on each lot, and that no stormwater shall be discharged on to public lands as required by §236 of the Southold Town Code. 6. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner as required by §236 of the Southold town Code; 7. The DECLARANT shall use pervious driveways to serve each of the proposed Lots 1 and 2 as shown on the approved Subdivision map for Briarcliff Sod, Inc. 8. The DECLARANT hereby agrees to implement the following best management practices and requirements for Lot 1 and Lot 2 to improve water quality and water supply in the surrounding local area: a) Use of gutters, leaders and subsurface drywells to retain surface runoff from Lots 1 & 2; b) Use of native plants and use of disease-resistant and drought tolerant plants in landscaping of Lots 1 & 2; c) Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply; d) Require the use of Iow-flow faucets and toilets as recommended by the Suffolk County Water Authority; 9. The DECLARANT hereby agrees that where fertilization is proposed, the following best management practices are to be used for lawn areas on Lots 1 & 2: a) Application and use of fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture; b) Application and use of organic fertilizers, wherein which all nitrogen in the mixture is non-synthetic; c) Prohibit application of fertilizers within 100 feet of surface waters and wetlands; d) Application of products only during the growing season (typically mid-March through mid-October).10. The clustered subdivision open space is equal to 11,328 square feet and is within reserved land on Lot 3. 11. The DECLARANT shall preserve the area of 11,328 square feet in the development right area as indicated on the approved Subdivision map as clustered conservation open space prohibiting the erection of any permanent structures of any kind. The clustered conservation open space may be used by the DECLARANT for any purpose permitted by §240-44 of the Southold Town Code other than the erection of permanent structures. 12. The DECLARANT shall, prior to any construction activity on Lots 1 and 2, secure a Permit for Storm Water Runoff from Construction Activity administered by the New York State Department of Environmental Conservation under the Phase II State Pollutant Discharge Elimination System Program (SPDES) or as may be required by §236 of the Southold Town Code. 13. All utilities shall be located underground. 14. Access to Lots I and 2 shall be from a common driveway within the flag strip on Lot 2 on the approved subdivision map and will be subject to the terms of an access easement that will be filed in connection with this subdivision. 15. There shall be no further subdivision of Lots 1 and 2 as indicated on the approved subdivision map in perpetuity. 16. There shall be no changes to any of the lot lines without prior Southold Town Planning Board approval. 17. 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. 18. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 19. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. 20. 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 majority plus one of the Southold Planning Board, or its successor body, following a public hearing. 21. 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. 22. 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 law. The failure of said agencies of the Town of Southold to enforce 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. 23. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. The within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. Donald Wilc..e~ski, Pres. State of New York ) ss: County of Suffolk ) On this I*~day of March, 2010, before, the undersigned, personally appeared Donald Wilcenski, 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) a,~ed, executed th~instrument. Schedule A Description ALL that certain plot, piece or parcel of lan'd, situate, lying and being in the Hamlet of Peconic, Town of Southold, County of suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (S.R. 25); Said point being 1,296 feet more or less easterly from the intersection of the southerly side of Main Road (S.R. 25) and the easterly side of Bay Avenue; RUNNING THENCE from said point of beginning in a southeasterly direction 2,015 feet more or less to a 3oint on the northerly side of Leslie's Road; RUNNING THENCE ~n a northeasterly direction along the northerly side of Leslie's Road 430 feet more or less to a point; RUNNING THENCE in a northwesterly direction 3,022 feet more or less to a point on the southerly side of Main Road (S.R. 25); RUNNING THENCE in a southwesterly direction along the southerly side of Main Road (S.R. 25) 276 feet more or less to a point; RUNNING THENCE in a southeasterly direction 158 feet more or less to a point; RUNNING THENCE in a southwesterly direction 43 feet more or less to a point; RUNNING THENCE in a southeasterly direction 143 feet more or less to a point; RUNNING THENCE in a southwesterly direction 80 feet more or less to a point; ,P,a~e 2 · Titl~ No. PAC-3875 RUNNING THENCE in a northwesterly direction 165 feet more or less to a point; RUNNING THENCE in a northwesterly direction 110 feet more or less to a point; ... RUNNING THENCE in a southwesterly direction along the southerly side of Main Road (S.R. 25) 65 feet more or less to the point of BEGINNING. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C10-8569 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 EASEMENT recorded in my office on03/0912010 under Liber D000126'18 and Page 574 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 this 0310912010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL Number of pa~es TORRENS' Serial # Certificate 44 Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp RECU~C,Er_ CLECK OF SUFFOLK COUHT':' L D000~26i8 P 574 Recording / Filing Stamps 31 Page / Filing Fee Handling TP-584 Notation EA-5217 (County) FEES Sub Total EA-5217 (State) R.ET.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 5. 00 Sub Total Grand Total 4 [ District ] Section Block Rea] Tax Age Veri 1000 09700 1000 001000 1000 08500 0300 012001 1000 08500 0300 012002 Lot Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 l me Title # Mortgage Amt. l. 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 is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on ,age# ~ iTr._u m/~¢ Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD Title Company Information 8] Suffolk County Recording & Endorsement Page This page forms part of the attached BRIARCLIFF SOD INC. TO BRIARCLIFF SOD INC. GRANT OF EASEMENTS (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of PECONIC made by: 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 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 RiverheadTown 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 lslip, NY 11751 (631) 224-5580 SoutholdTown Receiver of Taxes 53095Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward P. Ramaine Suffolk County Clerk SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT Number of Pages: 9 Receipt Number : 10-0027657 TRANS~R TAX NUMBER: 09-18332 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 097.00 10.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees Page/Filing $45.00 COE $5.00 TP-584 $5.00 Cert. Copies $5.85 Transfer tax $0.00 TRANSFER TAX NUMBER: 09-18332 THIS For Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Comm. Pres Fees Paid PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 03/09/2010 11:22:59 AM D00012618 574 Lot: 001.000 Exempt $20.00 NO $15.00 NO $0.00 NO $70.00 NO $0.00 NO $165.85 GRANT OF EASEMENTS 'THIS INDENTURE made this } 3_.~ day of March, 2010, by Briarcliff Sod, Inc., a New York Corporation having offices located at 43635 Route 25, Peconic, New York 11958, as owner of the premises, hereinafter referred to as the Grantor, states as follows: WHEREAS, Grantor is the owner of certain real property situate at Peconic, in the Town of Southold, Suffolk County, New York, known as SCTM: 1000-97-10-1 and 1000-85-3-12.1 and 12.2, more particularly bounded and described in Schedule "A" annexed hereto; and WHEREAS, for and in consideration of the approval of a three (3) lot subdivision entitled, "Clustered Subdivision of Briarcliff Sod, Inc." prepared by John C. Ehlers, Licensed Land Surveyor, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Easements and Agreements be recorded in the Suffolk County Clerk's Office; and NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor of the property, hereby imposes the following easements and agreements: I. ACCESS EASEMENT: Lot 1 and 2 are residential lots containing a common driveway and lot 3 is an agricultural parcel with sold development rights owned by Suffolk County. The nature and extent of the access easements hereby granted are as follows: a. As shown on said subdivision map, an easement is granted to permit access to Lots 1 and 2 from a common driveway within the flag strip on lot 2 more particularly bounded and described in Schedule C, and will be subject to the following terms and conditions: 1. This easement shall run with the land, for purpose of a common driveway which shall be used for ingress and egress to and from Lot 1 and Lot 2 only; 2. This easement shall further allow the installation of underground utilities for the benefits of lots 1, 2 and 3. Specifically, this easement shall allow the placement, installation, maintenance, repair, inspection and replacement of said driveway and utilities, including but to not limited to water lines, electric, cable, gas and any such other utilities as may become available to and from Leslie's Road, a Town Road, to lots 1 and 2. Lot 3 may connect to above listed utilities, for farming purposes, within said easement area. The owners of lot 1 and 2 shall sham equally the cost of maintenance of the common driveway, including but not limited to litter collection, snow removal and repair of the surface, as necessary, to keep the common driveway in good and working order. The owners of Lots 1 and 2 shall maintain appropriate insurance on their individual homeowner policies for the common driveway. II. DRAINAGE SWALE EASEMENT The nature and extent of the drainage easement is hereby granted as follows: a. Briarcliff subdivision, their heirs, successors or assigns, and the adjacent Chichanowicz Subdivision, their heirs, successors or assigns have been directed by the Southold Town Planning board to maintain on their respective parcels a drainage swale intended to retain the farm runoff within the bounds of their respective farms. The farm property owner shall be responsible for their own cost of construction, maintenance and repairs, of the swale. b. The property owners, their heirs, successors or assigns within each subdivision will cooperate and not interfere with the construction, maintenance and repair of the drainage swale. c. The parties, their successors and/or assigns acknowledge and release the Town of Southold from any and all obligations to maintain the drainage improvements on the property and any liability in connection therewith. d. The easement area for the location of the drainage swale is show on attached Schedule "B' drawing; more particularly described as follows: "Beginning at a point 500 feet north of the intersection of Leslie's Road, And the west comer of lot 2running east along the south side of Farm lot 3, a distance of 350 feet, more or less, to land of David Chichanowicz, thence running north 80 feet, more or less, thence, thence running parallel to the lot line of lot 2 160 feet, more or less, which contours will taper down to the existing contours, a distance of south 80 feet, more or less, to the point or place of beginning" III. CROSS EASEMENT 'a. In order to give access to the abutting parcel, the Grantor hereby grants and authorizes a Cross Easement to "Subdivision of David J. Cichanowicz" located at 1000-97-10-2 which cross easement is located along a common and abutting property line, more or less 500 feet north of Leslie Road, for a distance of approximately 80 feet, for the limited purpose of construction, maintenance and repair of a drainage swale on each farm parcel. b. The cross~easement will assure the owners and the Town that the drainage swales will be maintained, as designed, and functioning for the intended purpose. c. Said cross easement is mutually granted by the owner of the adjacent parcel. d. The cross easement hereby authorizes either property owner to take such measures to prevent damage to the properties or assure that the integrity of the drainage swale on their respective parcels is not compromised. e. The Grantor is indemnified and held harmless for all liability associated with its own acts or omissions in connection with the Cross Easement. IV. PERMITTED AND PROHIBITED USES OF THE COMMON DRIVEWAY Grantor hereby declares that the common driveway shall be used by the Lot Owners of lot I and 2 their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, all lot owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the common driveway substantially to the same condition as existed at the time of commencement of the work. b. The common driveway shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without consent of Grantor and mutual agreement of the owner of Lot 1 and Lot 2 and Lot 3 d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the common driveway may be made. e. No alteration or modification of the common driveway once constructed, will be permitted without prior written consent of grantor and the Planning Board of the Town of Southold. V. TERMS OF PAYMENT a. All Costs detailed above shall be billed to the Lot Owners of lot 1, 2 and 3 in their proportionate share and shall be required to be paid within thirty (30) days after the date of the bill. Lot 3 shall be billed for only those utility services actually installed. b. The Lot Owners shall comply with the terms of this easement. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by Grantor, then Grantor shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Agreement. c. In the event any legal proceedings are necessary to enforce the terms and conditions of this Agreement, all the Lot Owners shall indemnify and hold Grantor harmless from any and all costs associated with such proceedings including, but not limited to, all court costs, service fees, deposition transcript fees and all other expenses and reasonable attorney fees incurred by Grantor. d. The party of the first part, its successors and assigns, retain unto themselves all rights to fully enjoy its afore described premises except for the purposes herein granted to the party of the second part This grant of easement shall at all times be deemed a continuing covenant that runs with the land and shall be binding upon, and inure to the benefit of heirs, successors and/or assigns of all parties to this agreement IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. BRIARCLIFF SOD, INC. g ~ ' Donalc~g¢'ilc ensklK.~residen~'~ State of'New York ) ss: County of Suffolk ) On this I X~day of March, 2010 before, the undersigned, personally appeared DONALD WILCENSKI, 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 N0t~Vry gu~lic: BETSY ~. PERKINS ~ Public. State of New NO. 01PE 6130636 Schedule A Description ALL that certain plot, piece or parcel of: lan'd, situate, lying and being in the Hamlet of Peconic, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (S.R. 25); Said point being 1,296 feet more or less easterly from the intersection of the southerly side of Main Road (S.R. 25) and the easterly side of Bay Avenue; RUNNING THENCE from said point of beginning in a southeasterly direction 2,015 feet more or less to a point on the northerly side of Leslie's Road; RUNNING THENCE in a northeasterly direction along the northerly side of Leslie's Road 430 feet more or less to a point; RUNNING THENCE in a northwesterly direction 3,022 feet more or less to a point on the southerly side of Main Road (S.R. 25); RUNNING THENCE in a southwesterly direction along the southerly side of Main Road (S.R. 25) 276 feet more or less to a point; RUNNING THENCE in a southeasterly direction 158 feet more or less to a point; RUNNING THENCE in a southwesterly direction 43 feet more or less to a point; RUNNING THENCE in a southeasterly direction 143 feet more or less to a point; RUNNING THENCE in a southwesterly direction 80 feet more or less to a point; Page ,2 Title No. PAC-3875 RUNNING THENCE in a northwesterly direction 165 feet more or less to a point; RUNNING THENCE in a northwesterly direction 1 '~0 feet more or Jess to a point; ... RUNNING THENCE in a southwesterly direction along the southerly side of Main Road (S,R. 25) 65 feet more or less to the point of BEGINNING.