HomeMy WebLinkAbout1000-85.-3-10.2 GRANT OF EASEMENT
THIS INDENTURE made on this ,/{~ay of June, 2010, by DAVID
CICHANOWICZ residing at 1425 Arshamomaque Avenue, Southold, New
York 11971 as the owner of the premises, hereinafter referred to as the
GRANTOR, states as follows:
WHEREAS the Grantor is the owner of premises located at Leslie
Road, Peconic, New York known as SCTM Nos. 1000-085.00-03.00-
010.003; 1000-083.00-03.00-010.004; 1000-097.00-10.00-002.000 and
further described at Schedule A attached hereto; and
WHEREAS, as a condition of the approval of a certain subdivision of
property containing 24.82 acres into four (4) lots pursuant to a certain map
made by John C. Ehlers surveyed on November 5, 2002, revised on January
13, 2003; 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:
1.ACCESS EASEMENT:
Lot 1 and 2 are residential lots containing a common driveway and lot
3 is an agricultural parcel with sold developments 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. The 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.
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.
4. The owners of Lot 1 and 2 shall share 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.
5. The owners of Lots 1 and 2 shall maintain appropriate insurance
on their individual homeowners policies for the common driveway.
II. DRAINAGE SWALE EASEMENT
The nature and extent of the drainage easement is hereby granted as
follows:
a. Chichanowicz subdivision, their heirs, successors or assigns,
andthe Briarcliffadjacent 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 shown
on attached Schedule "B" drawing; more particularly described as
follows:
"Beginning at a point 500 feet north of the intersection of Leslie
Road, and the west comer of lot 2 running 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 "Cluster Subdivision of Briarcliff
Sod, Inc." located at 1000-97-10-1 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 pamels 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 PROHIBITEDUSES
OF THE COMMON DRIVEWAY
Grantor hereby declares that the common driveway shall be used by
the Lot Owners of Lot 1 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 o£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) 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.
DAVID
C.So
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
// ~?
On the ?/,~, day of June, in the year 2005
before me, the undersigned, personally appeared DAVID CICHANOWICZ
personally known to me or proved to me on the basis of satisfactory
evidence to be the individual (s) whose names(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.
EXHIBIT A
DESCRIPTION OF PROPERTY
CHICAGO TITLE INSURANCE COMPANY
TEleNo.:38og-oo288
LEGAL DESCRIPTION
ALL TF~AT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN
THE TOWN OF SOUTHOLD, coUNTy OF SUFFOLK AND STATE OF NEW YORK BEING MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A MONUMENT SET ON THE NORTHERLY SIDE OF LESLIE'S ROAD DISTANT
2038.71 FEET NORTH EAST AS MEASURED ALONG THE NORTHERLY SIDE OF LESLIE'S ROAD
FROM SKUNK LANE;
RUNNING THENCE ALONG THE NORTHERLY SIDE OF LESLIE'S ROAD, SOUTH 36 DEGREES 55
MINUTES 20 SECONDS WEST 78.60 FEET;
RUNNING THENCE NORTH 21 DEGREES 14 MINUTES 30 SECONDS WEST 500.0 FEET;
RUNNING THENCE SOUTH 36 DEGREES 55 MINUTES 20 SECONDS.WEST 350.0 FEET;
RUNNING THENCE NORTH 21 DEGREES 14 MINUTES 30 SECONDS WEST 2521.84 FEET TO A
MONUMENT SET ON THE SOUTHERLY SIDE OF MAIN ROAD;
RUNNING THENCE ALONG THE SOUTHERLY SIDE OF MAIN ROAD THE FOLLOWING 2 COURSES kND
DISTANCES:
1. NORTN 32 DEGREES 36 MINUTES 30 SECONDS EAST 157.99 FEET TO A MONUMENT;
2. NORTH 45 DEGREES'27 MINUTES 25 SECONDS EAST 59.54 FEET;
RUNNING THENCE SOUTH 29 DEGREES 52 MINUTES 55 SECONDS EAST 129.52 FEET;
RUNNING THENCE SOUTH 21 DEGREES 00 MINUTES 55 SECONDS EAST 523.62 FEET;
RUNNING THENCE NORTH 68 DEGREES 59 MINUTES 56 SECONDS EAST 173.35 FEET;
RUIglqING THENCE SOUTH 21 DEGREES 00 MINUTES 55 SECONDS EAST 2260.17 FEET TO THE
NORTHERLY SIDE OF LESLIE'S ROAD AND THE POINT OR PLACE OF BEGINNING.
FOR INFORMATION ONLY: DISTRICT 1000 SECTION 085.00 BLOCK 03.00 LOT 010.004
-LEGAL DESCRIPTION-
Title No.: 3809-00288
CHICAGO TITLE INSURANCE COMPA~NNY
LEGAL DESCRIPTION
ALL T~L~T CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN
THE TOWN OF SOUT~OLD, coUNTy OF SUFFOLK AND STATE OF NEW YORK BEING MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A MONUMENT SET ON THE NORTHERLY SIDE OF LESLIE'S ROAD DISTANT
2038.71 FEET NORTH EAST AS MEASURED ALONG THE NORTHERLY SIDE OF LESLIE'S ROAD
FROM SK~ LANE;
RUNNING THENCE ALONG THE NORTHERLY SIDE OF LESLIE'S ROAD, SOUTH 36 DEGREES 55
MINUTES 20 SEcoNDS WEST 78.60 FEET;
RUNNING THENCE NORTH 21 DEGREES 14 MINUTES 30 SECONDS WEST 500.0 FEET;
RUNNING THENCE SOUTH 36 DEGREES 55 MINUTES 20 SECONDS WEST 350.0 FEET;
RUNNING THENCE NORTH 21 DEGREES 14 MINUTES 30 SECONDS WEST 2521.84 FEET TO A
MONUMENT SET ON THE SOUTHERLY SIDE OF MAIN ROAD;
RUNNING THENCE ALONG THE SOUTHERLY SIDE OF MAIN ROAD THE FOLLOWING 2 COURSES AND
DI STi~CES:
1. NORTH 32 DEGREES 36 MINUTES 30 SECONDS EAST 157.99 FEET TO A MONUMENT;
2. NORTH 45 DEGREES'27 MINUTES 25 SECONDS EAST 59.54 FEET;
RUNNING THENCE SOUTH 29 DEGREES 52 MINUTES 55 SEcoNDS EAST 129.52 FEET;
RUNNING THENCE SOUTH 21 DEGREES 00 MINUTES 55 SEcoNDS EAST 523.62 FEET;
RUNNING THENCE NORTH 68 DEGREES 59 MINUTES 56 SEcoNDS EAST 173.35 FEET;
RUNNING THENCE SOUTH 21 DEGREES 00 MINUTES 55 SECONDS EAST 2260.17 FEET TO THE
NORTHERLY SIDE OF LESLIE'S ROAD AND THE POINT OR PLACE OF BEGINNING.
FOR INFOR-~4ATION ONLY: DISTRICT 1000 SECTION 085.00 BLOCK 03.00 LOT 010.004
-LEGAL DESCRIPTION-
GRANT OF EASEMENT
THIS INDENTURE made on this I day of~,c,,mary, 2010, by
DAVID CICHANOWICZ residing at 1425 Arshamomaque Avenue,
Southold, New York 11971 as the owner of the premises, hereinafter
referred to as the GRANTOR, states as follows:
WHEREAS the Grantor is the owner of premises located at Leslie
Road, Peconic, New York known as SCTM Nos. 1000-085.00-03.00-
010.003; 1000-083.00-03.00-010.004; 1000-097.00-10.00-002.000 and
further described at Schedule A attached hereto;
WHEREAS, as a condition of the approval of a certain minor
subdivision of property containing 24.82 acres into four (4) lots pursuant to a
certain map made by John C. Ehlers surveyed on November 5, 2002, revised
on January 13, 2003; 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 often 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:
1.ACCESS EASEMENT:
Lot 1 and 2 are residential lots containing a common driveway and lot
3 is an agricultural parcel with sold developments 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. The 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.
3. Specifically, this easement shall allow the placement, installation,
maintenance, repair, inspection and replacement of said driveway
o
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 I and 2 shall share 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 homeowners 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.
IlL 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 PROHIBITEDUSES
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 respresetatives (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.
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
On the' ]t~'day of..~...., in the year ~,,,,~
before me, the undersigned, personally appeared DAVID CICHANOWICZ
personally known to me or proved to me on the basis of satisfactory
evidence to be the individual (s) whose names(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. ,
NOTARY PUBLIC
ELAINE T. VILLANO
Nota~ Public. State of New York
No. 01Vt6029229 Suffolk Ceantv .~_
Corem ssion E~r~o~ AUO ~,~1~' ~ ~
EXHIBIT A
DESCRIPTION OF PROPERTY
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
CC #: C09-38988
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 on0912512009 under Liber D00012601 and Page 182 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 0912512009
SUFFOLK COUNTY CLERK
JUDITH A. PASCALE
SEAL
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~pe of Instrument: DECLARATION
Number of Pages: 11
Receipt N,,m~er : 09-0110862
District:
1000
Recorded:
At:
09/25/2009
01:50:43 PM
LIBER: D00012601
PAGE: 182
Section: Block: Lot:
085.00 03.00 010.003
E~AMINED AND CHARGED AS FOLLOWS
Received the Following Fees
For Above Instrument
Exempt
$55.00 NO Handling
$5.00 NO NYS SRCHG
$0.00 NO Notation
$7.15 NO RPT
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
Page/Filing
COE
TP-584
Cert. Copies
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$70.00 NO
$172.15
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Page / Filing Fee
Handling
TP-584
Notation
EA-5217 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
NYS Surcharge
Other
5. O0
4 Dist
Real Prop
Tax Servk
Agency
Verificati
Deed / Mortgage Tax Stamp
FEES
Sub Total
15. O0
SubTotal
Grand Total
I
1000 08500 0300 010003
1000 09700 1000 002000
1000 08500 0300 010004
REOORDED
2009 Sep 25 0i:50:43 PM
Judith A. F'ascaie
CLERK OF
SUFFOLK COUH'!-V
L b000i260i
P 182
Recording / Filing Stamps
Mortgage Amt.
l. Basic Tax
2. Additional Tax
SubTotal
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 inst~Jm~nt.
q' ? .
$ Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
8
Satis~ctions/Discharge~ReleasesListPrope~y Owners Mailing Address
RECORD & RETURN TO:
Goggins & Palumbo
P.O. Box 65
Mattituck, New York 11952
VacantLand
TD
TD
TD
Mail to: Judith A. Pascals, Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901. Co. Name
www.suffolkcou ntyny.gov/clerk Title #
Suffolk County Recording & Endorsement Page
This page forms part of the attached
by:
· Bmv~d Cichanowicz
Covenants and Restrictions
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
made
TO In the TOWN of $outhold
· gn,,rhnla Town p]mnn~ng Board. In the VILLAGE Peconic
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
THIS DECLARATION made on this,~y o~by
DAVID J. CICHANOWICZ residing at 1425 Arshamomaque Avenue,
Southold, New York 11971 hereinafter referred to as the DECLARANT, as
the owner of premises located at State Road 25, Peconic, New York and
described in Exhibit A annexed hereto (hereinafter referred to as the
PREMISES) and further described as SCTM Nos. 1000-085.00-03.00-
010.003; 1000-083.00-03.00-010.004; 1000-097.00-10.00~002.000;
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 24.82 acres into four (4) lots
pursuant to a certain map made by John C. Ehlers surveyed on November 5,
2002, revised on January 13, 2003; 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, "Subdivision of"David J. Cicbanowicz" 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 subdivsion 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 on Lot 3 running along the southerly end of Lot 3 and running
along the northern boundaries of Lots 1 and 2, running $36°55'20"W
for 350' in an area sufficiently large enough to contain said surface
water runoff from 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 Conservation Subdivision
map entitled "Subdivision Map Prepared for David J. Cichanowicz" made
by made by John C. Ehlers surveyed on November 5, 2002, revised on
January 13, 2003 (See Exhibit A) so that it will be contiguous to the
adjacent property line to the west and the vegetated swale described in 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 and associated
filed and recorded Covenants and Restrictions for said property.
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 stormwater 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 storm
water 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 ea.ch property owner as required by §236 of the Southold
Town Code;
7. The DECLARANT shall use pervious driveways to serve each of
proposed Lots 1 and 2 as shown on the approved subdivision map;
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 low-flow faucets and toilets as
recommended by the Suffolk County Water Authority;
e) Require pervious driveways to serve Lot 1 and Lot 2.
9. The DECLARANT hereby agrees that where fertilization is
proposed, the following best management practices are to be used for lawn
areas on Lots l. and 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 DECLARANT shall plant a landscaped buffer along the
northern boundary of resident/al Lots 1 and 2 bordering the farm field so as
to minimize wind, dust, noise and possible mn-off from Lot 3, as well as to
minimize or avoid conflicts between Lot 3 and the residential Lots 1 and 2;
I 1. The clustered subdivision open space is equal to 13,328 square
feet and is within reserved land on Lot 3.
12. The DECLARANT shall preserve the area of 13,328 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 struct~ares.
13. 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.
14. All utilities shall be located underground.
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 Plarming 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 competant
jurisdiction, be adjudged illegal, unlawful, invalid, or held to be
unconstitutional, the same shall not affect the validity oftbese 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 enfome 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 mn
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~o~
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK) .
before me, the undersigned, personally appeared DAVID CICHANOWICZ
personally known to me or proved to me on the basis of satisfactory
evidence to be the individual (s) whose names(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.
EXHIBIT A
DESCRIPTION OF PROPERTY
Stewart Title Insurance Company
Title No: SS24-S-2584
Schedule A Description
SCTM - 1000 - 085.00 - 03.00 - 010.003
ALL that certain plot, piece or parcel of land with the buildings and ilnprovements
thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Main Road (New York State Route 25),
which point is 185.00 feet westerly from a point which is where the northwesterly corner of land
of Rose Koraleski intersects the southerly side of Main Road (New York State Route 25); from
said point of beginning:
RUNNING THENCE along other land now or formerly of Wentzel the following three
courses and distemces:
South 29 degrees 52 minutes 55 seconds east 138.00 feet;
South 74 degrees 18 minutes 05 seconds east 123.77 feet;
North 68 degrees 59 minutes 05 seconds east 49.13 feet to lands now or formerly of Rose
Koraleski;
THENCE south 21 degrees 00 minutes 55 seconds east, 451.57 feet;
THENCE south 68 degrees 59 minutes 05 minutes west, 173.35 feet;
TItENCE north 21 degrees 00 minutes 55 secouds east, 523.62 feet;
THENCE north 29 degrees 52 minutes 55 seconds west, 129.52 feet to the southerly side
of Main Road (New York State Route 25);
THENCE along the southerly side of Main Road (New York State Route 25) north 45 degrees
27 minutes 25 seconds east, 25.84 feet to the point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
Title No. SS24-S-2584
SCTM - 1000 - 085.00 - 03.00 - 010.004
ALL that certain plot, piece or parcel of land with the buildings and improvements
thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at a monument set on the northerly side of Leslie's Road distant 2038.71
feet northeast as measured along the northerly side of Leslie's Road fi'om Skunk Lane;
RUNNING THENCE along the northerly side of Leslie's Road south 36 degrees 55
minutes 20 seconds west 78.60 feet;
RUNNING THENCE north 2l degrees 14 minutes 30 seconds west 500.0 feet;
RUNNING THENCE south 36 degrees 55 minutes 20 seconds west 350.0 feet;
RUNNING THENCE north 2t degrees 14 nfinutes 30 seconds west 2521.84 feet to a
monument set on the southerly side of Main Road;
RUNNING THENCE along the southerly side of Main Road the following two courses
and distances:
North 32 degrees 36 minutes 30 seconds east 157.99 feet to a monument;
North 45 degrees 27 minutes 25 seconds east 59.54 feet;
RUNNING THENCE south 29 degrees 52 minutes 55 seconds east 129.52 feet;
RUNNING THENCE south 21 degrees 00 minutes 55 seconds east 523.62 feet;
RUNNING THENCE north 68 degrees 59 minutes 056 seconds east 173.35 feet;
RUNNING THENCE south 21 degrees 00 minutes 55 seconds east 2260.17 feet to the aortberly
side of Leslie's Road and the point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
Title No. SS24-S-2584
SCTM- 1000- 097.00 - 10.00 -002.000
ALL tlmt certain plot, piece or parcel of [and with the buildings and improvements
thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of
New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the northeasterly side of Bay
Avenue (Skunk Lane) and the northwesterly side of Leslies Road distant northerly 1610.11 feet
as measured along the northwesterly side of Leslies Road;
RUNNING THENCE north 21 degrees 14 milmtes 30 seconds west, 500.00 feet;
THENCE north 36 degrees 55 minutes 20 seconds east, 350.00 feet;
THENCE south 21 degrees | 4 minutes 30 seconds west, 500.00 feet to the northwesterly
side of Leslies Road;
THENCE along the northwesterly side of Leslie's Road, south 36 degrees 55 minutes 20
seconds west, 350.00 feet to point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in fi'ont of and adjoining said premises.