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HomeMy WebLinkAbout1000-9.-11-7.12CC #: Cll-34144 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 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 on 09/'14/2011 under Liber D00012671 and Page 196 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 09/14/2011 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 7 Receipt Number : 11-0101705 TRANSFER TAX NUMBER: 11-03255 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 009.00 11.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 o9/14/2Oll 09:25:57 AM D00012671 196 Lot: 007.012 Received the Following Fees For Page/Filing $35.00 COE $5.00 TP-584 $5.00 Cert. Copies $8.75 Transfer tax $0.00 TRANSFER TAX NUMBER: 11-03255 Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $118.75 JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage instrument Deed / Mortgage Tax Stamp FEES RECORI>Ei) 2011 Se[~ 14 3UDii'H ~, Pg,'SCqLE (LE~'.i. OF SUFFOLK L:Oi.?,~T Y ~ [,001)1267! i].,~ 1 i-03255 Recording / Filing Stamps Page / Filing Fee Han~dling Notation EA-52 17 (County) 20. 00 EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit NYS Surcharge Other 5. O0 15. O0 SubTotal Grand Total 4 J Dist. Real Propert5 Tax Service Agency Verification 1000 00900 1100 007012~ LO12 6 8 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: STEPHEN L. HAM, III, ESQ. MATTHEWS & HAM 38 NUGENT STREET SOUTHAMPTON, NY 11968 Mortgage Amt. 1. Basic Tax 2. Additional Tax i 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 5 I Community Preservation Fund Consideration Amount $ bF?ax Due Improved VacantLand TD 10 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk J 7 I Title Company Information 310 Center Drive, Riverhead, NY 11901I Co. Name Ch±cago T±tle Insurance Company www.suffolkcountyny.gov/cterk J Title # 3 o 0 ~ ~,,~- ~ Suffolk County Recording & Endorsement Page This page forms part of the attached by: HIGHLAND HOUSE FI, LLC GRANT OF UTILITY EASEMENT (SPECIFY TYPE OF iNSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In the TOWN of SOUTHOLD HIGHLAND HOUSE FI, LLC In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED iN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE_, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January lO,h and on or before May 31,. 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, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingville, N.Y. 11738 (631 ) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street $outhold, N.Y. 11971 (631) 765-1803 dw 2/99 Sincerely, Judith A. Pascale Suffolk County Clerk GRANT OF UTILITY EASEMENT THIS GRANT OF UTILITY EASEMENT is made the~J~ay of August, 2011 by HIGHLAND HOUSE FI, LLC, a New York limited liability company with offices at 110 Five Mile River Road, Darien, Connecticut 06820 (in its capacity as owner of Lot 1 described below, hereinafter referred to as "Grantor"), to HIGHLAND HOUSE FI, LLC, a New York limited liability company with offices at 110 Five Mile River Road, Darien, Connecticut 06820 (in its capacity as owner of Lot 2 described below, hereinafter referred to as "Grantee"); WITNESSETH: WHEREAS, Grantor/Grantee is the owner in fee of premises situate at (no #) Heath ulie Avenue, Fishers Island, Town of Southold, County of Suffolk and State of New York (SCTM No. 1000-009.00.00-11.00-007.012), having acquired title to such premises by deed recorded in the Office of the Suffolk County Clerk on July 18, 2008 in Liber 12558 page 587, said premises being more particularly bounded and described as set forth on Schedule A hereto ("the Premises"); and WHEREAS, GrantodGrantee has made application to the Planning Board of the Town of Southold to subdivide the Premises into two lots, "Lot 1" and "Lot 2", as shown on the Standard Subdivision Plan Prepared For Highland House FI, LLC by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated June 18, 2010, last revised May 16, 2011, with said Lot 1 being more particularly bounded and described as set forth on Schedule B hereto and said Lot 2 being more particularly bounded and described as set forth on Schedule C hereto; and WHEREAS, the utilities currently serving the single-family dwelling on Lot 2 are located in part on Lot 1; and WHEREAS, as a condition to its final approval of the aforesaid subdivision, the Planning Board of the Town of Southold has required that a utility easement be created over Lot 1 in favor of Lot 2 in the area of Lot 1 where the utilities serving Lot 2 are located; and WHEREAS, Grantor/Grantee has considered the foregoing and determined that the same will be for the best interests of Grantor and Grantee and subsequent owners of Lot I and Lot 2; NOW, THEREFORE, Grantor hereby grants and releases unto Grantee, its successors and assigns, a permanent easement over the Easement Area on Lot 1 described on Schedule D hereto as appurtenant to and for the benefit of Lot 2 for the installation, maintenance, repair and replacement of underground utilities. Grantor and Grantee intend that the easement created hereby shall not be deemed to have failed ab initio or to have been extinguished under the doctrine of merger by reason of the unity of title to the dominant estate and the servient estate. However, should either result be applicable, then Grantor and Grantee intend that such easement become effective or be restored, as the case may be, on the first date that title to Lot 1 and Lot 2 is not held in the same name. This Grant of Utility Easement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor has executed this Grant of Utility Easement as of the day and year first above written. HIGHLAND HOUSE FI, LLC L. Peter Lawrence, Managing Member Susan Upton Lawrence, Managing Member State of Connecticut ) ss: County of Fairfield ) On the ~.-,?~ ~ day of August in the year 2011 before me, the undersigned, personally appeared L. Peter Lawrence and Susan Upton Lawrence personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individpals ~ma~le such ,~appe~rance before the undersigned in the (lins/~e~ ~i~'~' C ~[~J'?~~'-L~?~'~ :~.... in the State of Connecticut. ( t . ~ or othe~;~,~litical subd~ws~on) (sig~ture and office of individual taking acknowledgment) i ,- ..... kl~f~/~Duhlic Sulan A. Yalllllo Notclly Publl~-Conlt®cfl,out I~ My Comml#lon EXlOk®s 2 SCHEDULE A to GRANT OF UTILITY EASEMENT Grant of Easement Dated: August ~'~, 2011 Perimeter Description of the Premises ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument set at the intersection of the southwesterly line of Heathulie Avenue with the southeasterly line of Ocean View Avenue, said monument being located at the northerly corner of the herein described tract and also located 1328.41 feet North of a point which is 2482.00 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE South 26 degrees 06 minutes 20 seconds East, 82.41 feet to a monument; THENCE South 24 degrees 42 minutes 20 seconds East, 254.89 feet to a monument; THENCE South 25 degrees 36 minutes 50 seconds East, 651.70 feet to a monument, the last three lines running along said southwesterly line of Heathulie Avenue; THENCE South 64 degrees 23 minutes 10 seconds West, 142.95 feet to a point; THENCE North 36 degrees 11 minutes 00 seconds West, 167.72 feet to a monument; THENCE North 36 degrees 11 minutes 00 seconds West, 625.65 feet to an iron pipe in the southeasterly line of Ocean View Avenue; THENCE North 45 degrees 07 minutes 20 seconds East, 30.28 feet to a monument; THENCE continuing North 45 degrees 07 minutes 20 seconds East, 90.06 feet to a monument; THENCE North 06 degrees 06 minutes 30 seconds East, 188.79 feet to a monument; THENCE North 58 degrees 04 minutes 40 seconds East 79.40 feet to the monument set at the point or place of BEGINNING, the last four lines running along said southeasterly line of Ocean View Avenue. SCHEDULE B to GRANT OF UTILITY EASEMENT Grant of Easement Dated: August ~,,~, 2011 Perimeter Description of Lot 1 ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument set at the intersection of the southwesterly line of Heathulie Avenue with the southeasterly line of Ocean View Avenue, said monument being located at the northerly corner of the herein described tract and also located 1328.41 feet North of a point which is 2482.00 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE South 26 degrees 06 minutes 20 seconds East, 82.41 feet to a monument; THENCE South 24 degrees 42 minutes 20 seconds East, 254.89 feet to a monument; THENCE South 25 degrees 36 minutes 50 seconds East, 75.46 feet to a monument, the last three lines running along said southwesterly line of Heathulie Avenue; THENCE North 78 degrees 01 minutes 26 seconds West, 84.10 feet to a point; THENCE South 82 degrees 58 minutes 27 seconds West, 23.13 feet to a point; THENCE South 40 degrees 55 minutes 44 seconds West, 56.25 feet to a point; THENCE South 27 degrees 12 minutes 42 seconds West, 128.72 feet to a point, the last four lines running along the northerly boundary of Lot 2 as described in Schedule C below; THENCE North 36 degrees 11 minutes 00 seconds West, 249.40 feet to an iron pipe in the southeasterly line of Ocean View Avenue; THENCE North 45 degrees 07 minutes 20 seconds East, 30.28 feet to a monument; THENCE continuing North 45 degrees 07 minutes 20 seconds East, 90.06 feet to a monument; THENCE North 06 degrees 06 minutes 30 seconds East, 188.79 feet to a monument; THENCE North 58 degrees 04 minutes 40 seconds East 79.40 feet to the monument set at the point or place of BEGINNING, the last four lines running along said southeasterly line of Ocean View Avenue. 4 SCHEDULE C to GRANT OF UTILITY EASEMENT Grant of Easement Dated: August 1.4,2011 Perimeter Description of Lot 2 ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, 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 southwesterly line of Heathulie Avenue, said monument being located at the southeasterly corner of the herein described tract and also located 435.22 feet North of a point which is 2057.49 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE South 64 degrees 23 minutes 10 seconds West, 142.95 feet to a point; THENCE North 36 degrees 11 minutes 00 seconds West, 167.72 feet to a monument; THENCE continuing North 36 degrees 11 minutes 00 seconds West, 376.25 feet to a point at the southerly corner of Lot 1 described in Schedule B above; THENCE North 27 degrees 12 minutes 42 seconds East, 128.72 feet to a monument; THENCE North 40 degrees 55 minutes 44 seconds East, 56.25 feet to a point; THENCE North 82 degrees 58 minutes 27 seconds East, 23.13 feet to a point; THENCE South 78 degrees 01 minutes 26 seconds East, 84.10 feet to a monument on the southwesterly line of Heathulie Avenue, the last four lines running along the southerly boundary of Lot 1 as described in Schedule B above; THENCE South 25 degrees 36 minutes 50 seconds East, 576.24 feet to the monument set at the point or place of BEGINNING, this last line running along said southwesterly line of Heathulie Avenue. SCHEDULE D to GRANT OF UTILITY EASEMENT Grant of Easement Dated: August 2-4,2011 Description of Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, consisting of an area ten feet in width extending from the southwesterly line of Heathulie Avenue, crossing Lot 1 as described on Schedule B hereto and ending at the northwesterly line of Lot 2 as described on Schedule C hereto, the center line of which is more particularly bounded and described as follows: BEGINNING at a point on the southwesterly line of Heathulie Avenue located 1194.68 feet North of a point which is 2418.26 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE South 65 degrees 57 minutes 54 seconds West, 21.58 feet; THENCE South 16 degrees 12 minutes 32 seconds West, 166.67 feet; THENCE South 07 degrees 00 minutes 55 seconds West, 95.20 feet; and THENCE South 59 degrees 16 minutes 11 seconds East, 44.32 feet to said northwesterly line of Lot 1. CC #: Cll-34145 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 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 on 09/14/2011 underLiber D00012671 and Page 197 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 09114/2011 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 8 Receipt Number : 11-0101705 District: 1000 Recorded: At: 09/14/2011 09:25:57 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 $10.00 NO RPT $30.00 NO Fees Paid $120.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County LIBER: D00012671 PAGE: 197 Section: Block: Lot: 009.00 11.00 007.012 EXAMINED AND CHARGED AS FOLLOWS Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps Page/Filing Fee qO Handling 20. 00 TP-584 Notation CA-52 17 (County) EA-5217 (State) R.P.T.S.A. _ '~.~ Comm. of Ed. S. O0 Affidavit NYS Surcharge 15. O0 Other Sub Total SubTotal Grand Total 4 JDist. 106 Real Property Tax Service Agency Verification 1000 00900 1100 007012 6 8 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: STEPHEN L. HAM, III, ESQ. MATTHEWS & HAM 38 NUGENT STREET SOUTHAMPTON, NY 11968 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk 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 witl be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clauselon page # of this instru~ent. I Community Preservation Fund Consideration Amount $ 0 CPF Tax Due $ 0 Improved Vacant Land TD TD TD 7 ] Title Company Information Co. Name Chicago Title Insurance Company I Title # ~7o-¢ ~...? Suffolk County Recording & Endorsement Page This page forms part of the attached by: HIGHLAND HOUSE FI, LLC DECLARATION OF COVENANTS AND RESTRICTIONS made (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD 'T[~ ~o L~'-,t'~ o ~ o~ In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FiLiNG. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January lOt~ and on or before May 31,. 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, N.Y. 11757 (631 ) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingville, N.Y. 11738 (631 ) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 117S1 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631 ) 765-1803 dw 2/99 Sincerely, Judith A. Pascale Suffolk County Clerk 12 0104 06/06kd DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the ~'"/"~d-ay of August, 2011, by HIGHLAND HOUSE FI, LLC, a New York limited liability company having an office at 110 Five Mile River Road, Darien, Connecticut 06820, hereinafter referred to as the "Declarant"; WITNESSETH: WHEREAS, the Declarant is the owner of certain real property located at the southwesterly corner of Heathulie Avenue and Ocean View Avenue, Fishers Island, Town of Southold, County of Suffolk and State of New York, SCTM # 1000-009.00-11.00- 007.012, said real property being more particularly bounded and described as set forth on Schedule A hereto, hereinafter referred to as the "Property"; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold and has received Preliminary Plat Approval from such Board for a subdivision of the Property into two parcels, designated (and hereinafter referred to) as "Lot 1" and "Lot 2" and shown on "Standard Subdivision Plan Prepared For Highland House FI, LLC - Final Plan", prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated June 18, 2010, last revised May 16, 2011, which will be filed in the Office of the Suffolk County Clerk, hereinafter referred to as the "Map", said Lot 1 being more particularly bounded and described as set forth on Schedule B hereto and said Lot 2 being more particularly bounded and described as set forth on Schedule C hereto; and WHEREAS, in consideration of granting its approval of the aforesaid subdivision and as a condition of its approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of Lot 1 and Lot 2 that the within covenants and restrictions be imposed against the Property and, as a further condition to its approval, such Board has also required that the within Declaration be recorded in the Office of the Suffolk County Clerk; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interests of the Declarant and subsequent owners of Lot 1 and Lot 2; NOW, THEREFORE, THIS DECLARATION WITNESSETH: 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 and restrictions which shall run with the land and shall be binding upon all purchasers and holders of Lot 1 and Lot 2, their heirs, distributees, personal representatives, successors and assigns, to wit: 1. Pursuant to Section 240-49 of the Town Code of the Town of Southold, except for the establishment of a future driveway to access Lot 2, clearing of existing vegetation upon Lot 1 shall be limited to 35% of the total area of Lot I and clearing of existing vegetation upon Lot 2 shall be limited to 25% of the total area of Lot 2. The foregoing clearing limits on each of Lot 1 and Lot 2 are delineated on the Map to be filed with the Office of the Suffolk County Clerk. 2. This subdivision is located within one mile of an airport and may be subject to noise from the operation of that facility and noise from aircraft over flights. 3. The 10-foot-wide utility easement shown on the Map over Lot 1 will be granted to Lot 2 and Fishers Island Water Works Corporation if and when Lot 1 and Lot 2 2 are no longer under common ownership. 4. The driveway from Lot 2 is currently shown over Lot 1; however, Lot 2 is not precluded from requesting a driveway and curb cut permit from the Southold Town Highway Department in the future. 5. No further subdivision shall be allowed in perpetuity. 6. All construction and/or activities on Lot 1 and Lot 2 shall comply with Chapter 236, Storm Water Management, of the Southold Town Code. 7. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, the Declarant's successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only at the request of the then owner of Lot 1 or Lot 2 with the written consent of the Town of Southold granted by a majority plus one of the Planning Board of the Town of Southold after a public hearing. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful or invalid or held to be unconstitutional by a court of competent jurisdiction, that judgment or holding shall not affect the validity of these covenants and restrictions as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful or invalid or so held to be unconstitutional. 9. These covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold by injunctive relief or any other remedy in equity or at law. The failure of any agency of the Town of Southold to enforce the same shall not be deemed to affect the validity of these covenants and restrictions nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DecLarant has caused this instrument to be duly executed as of the day and year first above written. HIGHLAND HOUSE FI, LLC L. Peter Lawrence, Managing Mem~ber Susan Upton Lawrence, Managing Member State of Connecticut ) ss: County of Fairfield ) On theC~ ~ day of August in the year 2011 before me, the undersigned, personally appeared L. Peter Lawrence and Susan Upton Lawrence personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals, rrJa~de /su~;h ~ppearance before the undersigned in the L?.C~/~/-~/~/t~-t/'' ~ I' in the State of Connecticut. (ins~::~ t- _t~,/~ity or o/~er'p'olitical subdivision) (si~'nature and office of individual taking acknowledgment) Notary Public ]1 Notary Public-Connecticut My Commlillon Exlolrel ]1 . 4 SCHEDULE A to DECLARATION Declarant: HIGHLAND HOUSE FI, LLC Declaration Dated: August~,2011 Perimeter Description of Entire Property ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument set at the intersection of the southwesterly line of Heathulie Avenue with the southeasterly line of Ocean View Avenue, said monument being located at the northerly corner of the herein described tract and also located 1328.41 feet North of a point which is 2482.00 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE South 26 degrees 06 minutes 20 seconds East, 82.41 feet to a monument; THENCE South 24 degrees 42 minutes 20 seconds East, 254.89 feet to a monument; THENCE South 25 degrees 36 minutes 50 seconds East, 651.70 feet to a monument, the last three lines running along said southwesterly line of Heathulie Avenue; THENCE South 64 degrees 23 minutes 10 seconds West, 142.95 feet to a point; THENCE North 36 degrees 11 minutes 00 seconds West, 167.72 feet to a monument; THENCE North 36 degrees 11 minutes 00 seconds West, 625.65 feet to an iron pipe in the southeasterly line of Ocean View Avenue; THENCE North 45 degrees 07 minutes 20 seconds East, 30.28 feet to a monument; THENCE continuing North 45 degrees 07 minutes 20 seconds East, 90.06 feet to a monument; THENCE North 06 degrees 06 minutes 30 seconds East, 188.79 feet to a monument; THENCE North 58 degrees 04 minutes 40 seconds East 79.40 feet to the monument set at the point or place of BEGINNING, the last four lines running along said southeasterly line of Ocean View Avenue. SCHEDULE B to DECLARATION Declarant: HIGHLAND HOUSE FI, LLC Declaration Dated: August ¢'~, 2011 Perimeter Description of Lot I ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument set at the intersection of the southwesterly line of Heathulie Avenue with the southeasterly line of Ocean View Avenue, said monument being located at the northerly corner of the herein described tract and also located 1328.41 feet North of a point which is 2482.00 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE South 26 degrees 06 minutes 20 seconds East, 82.41 feet to a monument; THENCE South 24 degrees 42 minutes 20 seconds East, 254.89 feet to a monument; THENCE South 25 degrees 36 minutes 50 seconds East, 75.46 feet to a monument, the last three lines running along said southwesterly line of Heathulie Avenue; THENCE North 78 degrees 01 minutes 26 seconds West, 84.10 feet to a point; THENCE South 82 degrees 58 minutes 27 seconds West, 23.13 feet to a point; THENCE South 40 degrees 55 minutes 44 seconds West, 56.25 feet to a point; THENCE South 27 degrees 12 minutes 42 seconds West, 128.72 feet to a monument, the last four lines running along the northerly boundary of Lot 2 as described in Schedule C below; THENCE North 36 degrees 11 minutes 00 seconds West, 249.40 feet to an iron pipe in the southeasterly line of Ocean View Avenue; THENCE North 45 degrees 07 minutes 20 seconds East, 30.28 feet to a monument; THENCE continuing North 45 degrees 07 minutes 20 seconds East, 90.06 feet to a monument; THENCE North 06 degrees 06 minutes 30 seconds East, 188.79 feet to a monument; THENCE North 58 degrees 04 minutes 40 seconds East 79.40 feet to the monument set at the point or place of BEGINNING, the last four lines running along said southeasterly line of Ocean View Avenue. SCHEDULE C to DECLARATION Declarant: HIGHLAND HOUSE FI, LLC Declaration Dated: August '/-'~, 2011 Perimeter Description of Lot 2 ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, 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 southwesterly line of Heathulie Avenue, said monument being located at the southeasterly corner of the herein described tract and also located 435.22 feet North of a point which is 2057.49 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE South 64 degrees 23 minutes 10 seconds West, 142.95 feet to a point; THENCE North 36 degrees 11 minutes 00 seconds West, 167.72 feet to a monument; THENCE continuing North 36 degrees 11 minutes 00 seconds West, 376.25 feet to a point at the southerly corner of Lot 1 described in Schedule B above; THENCE North 27 degrees 12 minutes 42 seconds East, 128.72 feet to a point; THENCE North 40 degrees 55 minutes 44 seconds East, 56.25 feet to a point; THENCE North 82 degrees 58 minutes 27 seconds East, 23.13 feet to a point; THENCE South 78 degrees 01 minutes 26 seconds East, 84.10 feet to a monument on the southwesterly line of Heathulie Avenue, the last four lines running along the southerly boundary of Lot I as described in Schedule B above; THENCE South 25 degrees 36 minutes 50 seconds East, 576.24 feet to the monument set at the point or place of BEGINNING, this last line running along said southwesterly line of Heathulie Avenue.