HomeMy WebLinkAbout1000-143.-3-33.2COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
CC #: C10-16245
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
DECLARATION
recorded in my office on04/3012010 under Liber D00012623 and Page 552 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 04/3012010
SUFFOLK COUNTY CLERK
JUDITH A. PA$CALE
SEAL
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~10e of Instrument: DECLARATION
Number of Pages: 11
Receipt N13mher : 10-0051911
District:
1000
Recorded:
At:
04/30/2010
01:56:50 PM
Page/Filing
COE
TP-584
Cert. Copies
LIBER: D00012623
PAGE: 552
Section: Block: Lot:
143.00 03.00 033.002
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
$55.00 NO Handling $20.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$14.30 NO RPT $30.00 NO
Fees Paid $139.30
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
,I
I 2,
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
Page / Filing Fee
Handling
20. 00
TP-584
Notation
EA-52 17 (County)
Sub Total
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Co~-~
NYS Surcharge
Other
41 Dist./000 I
Real Property
Tax Service
Agency
Verification
6
5. O0
15. O0
Sub Total
Grand Total
1000 14300 0300 033002
¢
13 9,
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
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
If NO, see appropriate tax clause on
page # of this instrument.
Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
VacantLand
TD
TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk J 7 J Title Company Information
310 Center Drive, Riverhead, NY 11901Ic°'Name
www.suffolkcountyny.gov/clerk ~ Title #
Suffolk County Recording & Endorsement Page
(SPECIFY TYPE OF iNSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
This page forms part of the attached
by:
made
TO In the TOWN of
~"i,J/~ 01:: :~) b"~'HoLd~ In the VILLAGE
or HAMLET of
BOXES 6 THRU $ MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
DECLARATION OF COVENANTS
TillS DECLARATION is made this ~7,~y of t L. ,2m0,
by Unexcelled LLC, a New York limited liability company, having an address at 330 Eastwood
Drive, Cutchogue, New York 11935, herein referred to as the DECLARANT.
~qTNESSETH:
WHEREAS, DECLARANT is thc owner of certain veal property situated in the Town of
Southold, Suffolk County, New York, identified as District 1000, Section 143, Block 3.00, Lot
033.002 on the Suffolk County Tax Map, and as more particularly bounded and described in
Schedule "A" annexed hereto, hereinafter refcrrad to as thc PREMISES; and
WHEREAS, for and in consideration of the granting of conditional preliminary plat
approval by the Town of Southuld (the "TOWN") Planning Board ("PLANNING BOARD"), on
January 12, 2010, of the subdivision map dated July 11, 2008, last revised February 21, 2010,
("APPROVED SUBDIVISION MAP"), submitted by JRS Architect, P.C. on behalf of
JPMorgan Chase Bank, N.A. ("APPLICANT"), and which shall be recorded with the Suffolk
County Clerk's Office, thc Planning Board has deemed it to be in thc best interests of the Town
of Southold. DECLARANT and prospective owners of said parcel, that the within covenants and
restrictions be imposed on said parcel, and as a condition of granting said final subdivision
approval, said Planning Board has required that the within Declaration be ~corded in the Suffolk
County Clerk's office; and
WHEREAS, DECLARANT has considered the foregoing and determined that same will
be in the best interest of the DECLARANT and subsequent owners of said parcel.
NOW, THEREFORE, tbr good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, DECLARANT, for the purpose of carrying out the intentions
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107468-61874
above expressed, does hereby make known, admit, publish covenant and agree that the
PREMISES herein described shall hereafter be subject to the following covenants which shall
nm with thc land~ and shall be binding upon all purchasers and holders of said premises, its heirs,
executors, legal representatives, dislributees, successors and assigns, to wit:
There shall be no changes to any of the lot lines shown on the APPROVED
SUBDIVISION MAP, without prior approval of the PLANNING BOARD.
Pursuant to Chapter 236 St~rmwater, Grading and Drainage Control Law of the
Southold Town Code, ali stonnwater for the PREMISES shall be retained on-site.
3. In the event that Declarant sells Lot 1 of the PREMISES (which lot is described in
Schedule "B' annexed hereto) or Lot 2 of the PREMISES (which lot is described
in Schedule "C" annexed hereto), maintenance of the portion of the driveway on
Lot I (the "Lot I Driveway"), as depicted on the APPROVED SUBDIVISION
MAP [annexed hereto as Schedule "D"], shall be the responsibility of the owner
of Lot 1, its heirs, executors, legal representatives, distrthutees, successors and
assigns and maintenance of the portion of the driveway on Lot 2, as depicted on
the APPROVED SUBDIVISION MAP, shall be the responsibility of the owner of
Lot 2, its heirs, executors, legal representatives, distributees, successors and
assigns.
4. The amount of clearing of each of Lot 1 and Lot 2 shall be pursuant to Article
XII1, Section 240-49(C) of the Southold Town Code; for lot sizes of between
60,001 square feet and 90,000 square feet the percentage of the site permitted to
be cleared shall be thirty five (35%) percent.
5. The Declarant hereby establishes a perpetual access easement from LOt 2 to New
York State Route 25 (Main Road) over and across the Lot I Driveway, which
easement is further bounded and described in Schedule "E" annexed hereto (the
"Access Easement Area"). Such Access Easement Area shall be utilized by the
owners and occupants of Lot 2 for vehicular access to New York State Route 25
(Main Road) and for no other purpose. The owner of Lot 1 shall maintain the
Access Easement Area in good order and repair at its sole cost and expense.
FURTHERMORE, the DECLARANT, its successors and/or assigns shall set forth these
covenants, agreements and declarations in any and all leases covering any portion of the above-
referenced property entered into from and after the date hereof and such leases shall, by their
terms, be subject to the covenants and restrictions contained herein. Failure of the
2 #1392197 v5
107468-61874
DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their
automatic subjugation to the covenants and restrictions.
This document is made subject lo the provisions required by law or by their provisions to
be incorporated herein and they are deemed to be incorporated herein and made a pa~ hereof, as
though fully set forth.
The afomnnenfioned Restrictive Covenants 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 of 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.
These covenants and restrictions shall nm with the land and shall be binding upon the
DECLARANT, its successors and/or assigns, and upon pemons or entities claiming under them,
and may not be annulled, waived, changed, modified, terminated, revoked, or amended by
subsequent ownem of the Property unless and unfit approved by a majority plus one vote of the
PLANNING BOARD of the TOWN or its successors, after a public hearing.
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.
The DECLARANT represents and warrants that it has not offered or given any gratuity to
any official, employee or agent of Town of Southold, Suffolk County, New York State, or any
political party, with the purpose or intent of securing favorable treatment with ~t to the
performance of an agreement.
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INTENDING TO BE LEGALLY BOUND, DECLARANT has caused this Declaration
to be duly executed as of the day amd year fi~st above written.
DECLARANT:
UNEXCEL~ LLC ~
By:
4 #1392197 v5
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ACKNOWLEDGEMENT
STATEOF 0 X'/
SS.:
COUNTY O~)
On the~."} fh day of {"~f~ ~' ,2010bcforeme, the undersigned,
personally appea~d '{~..o~. ~x '~C-.%o~ta_lx-(~ , peasoually known to me or
proved to me on the basis o'o'o'o'o'o'o'o'o'b~ satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me thai he/she executed the same in his/her
capacity, and that by his/her signature on the inslxumenL the individual or the person upon behalf
of which the individual acted, executed the insln~ment.
Notary Public
tlM~ L ~0~
5 #1392197 v5
107468-61874
SCHEDULE A
DESCRIPTION OF PROPERTY
All the: certain plot, piece, or parcel of land, situate, lying, and being the Town of Southold,
County of Suffolk and State of New York, more particularly bounded and described as follows:
Beginning at a point on the southeasterly side of Main (State) Road at the Northwest comer of
the herein described premises where the same is intersected by the Northeasterly side of land
now or formerly of Matt Agency, said point or place of beginning being also distant 133 feet,
more or less, northeasterly as measured; along the southeasterly side of Main (State) Road from
the comer formed by the intersection of the easterly side of Marlene Lane with the southeasterly
side of Main (State) Road;
Running thence from said point or place of beginning: along the southeasterly side of Main
(State) Road, the 'following two (2) courses and distances;
1. North 39 degrees 24 minutes 00 seconds east 110.31 feet;
2. North 49 degrees 36 minutes 00 seconds east 86.75 feet to the southwesterly side of a 20 foot
right of way;
Thence along the southwesterly and along the southerly sides of said 20 foot right of way, the
following two (2) courses and distances;
South 23 degrees 14 minutes 30 seconds east 261.31 feet;
2. North 71 degrees 03 minutes 00 seconds east 20.00 feet to land now or formerly of Hallock;
Thence along said last mentioned land, and along the land now or formerly of Bemlnger and
along land now or formerly of Jackson, south 21 degrees 56 minutes 10 seconds east 269.91 feet;
Thence continuing along land now or formerly of Jackson, north 71 degrees 22 minutes 10
seconds east 79.80 feet to land now or formerly of Billiunas;
Thence along last mentioned land, south 19 degrees 48 minutes 30 seconds east 75.0 feet to land
now or formerly of Shewell;
Thence along said last mentioned land, south 71 degrees 22 minutes 10 seconds west 266.30 feet
land now or formerly of Litchhult;
Thence along last mentioned land and along land now or formerly ofS. Skuro and along land
now or formerly ofJ. Skuro and along land now or formerly of Matt Agency, north 23 degrees
44 minutes 00 seconds west 516.30 feet: to the southeasterly side of Main (State) Road, at the
point or place of beginning.
For information only District 1000 Section 143.00 Block 03.00 Lot 033.002
6
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SCHEDULEB
LOT 1
ALL THAT PIECE OR PARCEL OF LAND, SITUATED AT MATTITUCK, TOWN OF
SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF N.Y.S. RT 25 (MAIN ROAD)
SAID POINT BEING 133.0 FEET EASTERLY FROM THE CORNER FORMED BY THE
SOUTHERLY SIDE OF N.Y.S. RT. 25 (MAIN ROAD) AND THE EAST SIDE OF
MARLENE LANE:
RUNNING THENCE N. 39 DEGREES 24' 00" E. 110.31 FEET;
THENCE N. 49 DEGREES 36' 00' E. 86.75 FEET;
THENCE S. 23 DEGREES 14' 30" E. 57.60 FEET;
THENCE S. 29 DEGREES 36' 00' W. 41.63 FEET;
THENCE S. 60 DEGREES 24' 00" E. 13.53 FEET;
THENCE S. 23 DEGREES 14' 30" E. 251.98 FEET;
THENCE S. 66 DEGREES 16' 00' W. 153.70 FEET;
THENCE N. 23 DEGREES 44' 00" W. 270.60 FEET TO A POINT OR PLACE OF
BEGINNING, BEING 49,262.82 SQUARE FEET OR 1.131 ACRES MORE OR LESS AND
ALSO AS BEING SHOWN ON THE COUNTY OF SUFFOLK REAL PROPERTY TAX MAP
AS DISTRICT 1000, SECTION 143, BLOCK 3, P/O LOT: 33.2
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SCHEDULEC
LOT 2
ALL THAT PIECE OR PARCEL OF LAND, SITUATED AT MATTITUCK, TOWN OF
SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING THE FOLLOWING (3) COURSES AND DISTANCES
FROM THE CORNER FORMED BY THE SOUTHERLY SIDE OF N.Y.S. RT. 25 AND THE
EAST OF MARLENE LANE:
N. 23 DEGREES 14' 30" E. 243.31 FEET
N. 49 DEGREES 36' 00' E. 86.75 FEET
S. 23 DEGREES 14' 30" E. 57.60 FEET
RUNNING THENCE S. 23 DEGREES 14' 30" E. 203.55 FEET;
THENCE N. 71 DEGREES 03' 00" E. 20.00 FEET;
THENCE S. 21 DEGREES 56' 10" E. 269.91 FEET;
THENCE N. 71 DEGREES 22' 10' E. 79.80 FEET;
THENCE S. 19 DEGREES 48' 30" E. 75.00 FEET;
THENCE S. 71 DEGREES 22' 10" W. 266.30 FEET;
THENCE N. 23 DEGREES 44' 00' W. 245.70 FEET;
THENCE N. 66 DEGREES 16' 00' E. 153.70 FEET;
THENCE N. 23 DEGREES 14' 30" W. 251.98 FEET;
THENCE N. 60 DEGREES 24' 00" W. 13.53 FEET;
THENCE N. 29 DEGREES 36' 00' E. 41.63 FEET TO A POINT OR PLACE OF
BEGINNING, BEING 63,480.41 SQUARE FEET OR 1.457 ACRES MORE OR LESS AND
ALSO AS BEING SHOWN ON THE COUNTY OF SUFFOLK REAL PROPERTY TAX MAP
AS DISTRICT 1000, SECTION 143, BLOCK 3, P/O LOT: 33.2
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TEST HOLE
SETBACK REQUIREMENTS
PROPER~ INFORMATION
TOWN OF SOUTHOLD
SUFFOLK COU ~TY, N.Y
MAI-~ITUCK
STANDARD SUBDIVISION OF
CHASE BANK, MATTITUCK
SCHEDULE E
DESCRIPTION OF ACCESS EASEMENT AREA
BEGINNING AT A POINT being 245.65 feet northeasterly from the intersection formed by the
easterly side of Marlene Lane and the southerly side of Main Road (NYS. Rt. 25)
RUNNING THENCE north 49 degrees 36 minutes 00 seconds east, 34.70 feet;
THENCE south 40 degrees 24 minutes 00 seconds east, 16.34 feet;
THENCE along a curve beating to the left having a radius of 50.00 feet and a distance of 17.45
feet;
THENCE south 60 degrees 24 minutes 00 seconds east, 30.59 feet;
THENCE south 29 degrees 36 minutes 00 seconds west, 16.00 feet;
THENCE north 68 degrees 10 minutes 04 seconds west, 59.19 feet;
THENCE north 60 degrees 24 minutes 00 seconds west, 16.27 feet to the point or place of
beginning.
10
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