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HomeMy WebLinkAbout1000-64.-3-3 (2)CC#: C'H -43407 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 1111812011 under Liber D000t2677 and Page 017 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 '1'111812011 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COU~TY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION N~-~er of Pages: 7 Receipt Number : 11-0126652 Distriot: 1000 Recorded: 11/18/2011 At: 11:38:59 AM LIBER: D00012677 PAGE: 017 Section: Block: Lot: 064.00 03.00 003.000 EXAMINED AND CHARGED ASFOLLOWS Page/Filing COB TP-584 Cert. Copies Received the Following Fees For Above Instrument Ex,apt Exempt $35.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $110.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County This document wilt be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stare ps FEES SubTotal s,,,,¥ot,, SS. .a° T,,,,,, I10 l Block 3 J Lot 1000 06400 0300 003000 RECORD& RETURNTO: PATI~CIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 JOSEPH BATTAGLIA AND HEIDI BATTAGL1A Mortgage Am[ 1, Basic Tax 2. Additional Tax Sub Total Spec/AssR. or Spec./Add, TOT. MTG. TAX Dual Town _.__ Dual County Held for Appointment __.__ Transfer Tax CPF Tax Due $ Improved TD TD TD Mall to: Judith A. Pascale, Suffolk County Clerk [ ? [ Title Company Information 310 Center Drive, Rivetflead, NY 11901[Co. Name www.suffolkcou ntyny.govlclerk Title # Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION AND COVENANT by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORIC made TO In theTOWN of ~_~ [O~WN OF SOU'II-IOLID . In the VILLAGE PLANNING BOARD or HAMLEt of SOUTHOLD 80XES 6 THRU 8 MUST 8E TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the 14t~ day of November, 2011 by Joseph Battaglia and Heidi Battaglia, residing at 28 Wilton Road, Cold Spring Harbor NY 11724, hereinafter collectively referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Hobart Road, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Joseph and Heidi Battaglia' prepared by Nathan Taft Corwin, III, Land Surveyors, dated August 1,2011 (hereinafter "Filed Map") 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 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, THIS DECLARANT WITNESSETH: 1. That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (a) Thirty (30) foot non-disturbance, non-fertilization buffer landward of the edge of the wetlands as shown on the Filed Map. The 30 foot buffer shall ~'emain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffers are limited to the removal of known exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property and the buffer may be supplemented with plantings of native and drought tolerant species and a 4' access path to Town Creek on lot 2, subject to Board of Trustee approval. (b) Trees that are greater than 18 inches in diameter at breast height are shown on the Approved Final Plat map and shall be preserved in perpetuity. Maintenance of said trees is permitted and shall include pruning and removal of dead and/or diseased trees that are hazardous to life or property and may be replaced. ( c ) The Planning Board is requiring the replacement of the tree by June, 2012. The tree located immediately north of the ddveway on lot 2 shall be replaced with a minimum 4" caliper 'street' tree selected from the Southold Town Planning Board Native Tree List. The tree was approved to be removed due to the poor health and condition of the tree. This tree together with the vegetation located within the natural/landscaped buffer satisfies section 240.17. Technical requirements. Item H,2(n) and section 161- 44.Street Tree Requirements of the Town Code. The planted tree shall be guaranteed to survive for a three year period from planting date. In the event that the planted tree dies within the three year period, the tree shall be replaced with a minimum of 4" caliper tree of similar species. A letter shall be provided to the Planning Board indicating the planting date, species and size of the tree ( d ) Pursuant to chapter 240-49 Clearing of the Southold Town Code, clearing limits on lot 1 and lot 2 are restricted to 50% of the total lot area. Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any new clearing or grading of the lots. All planted vegetation installed within the clearing limits as established by the Planning Board on the approved Filed Map shall be guaranteed to survive for a period of three years from final acceptance of the planted vegetation by the Planning Board. In the event that any of the planted v~egetation dies, the landowner shall replace such vegetation at their expense. (e) The driveway on Lot 1 shall be constructed of pervious material or if non- pervious material is used, drainage shall be provided which complies with Chapter 236, "Stormwater Management of the Southold Town Code and the construction of the driveway to lot I shall be excluded from the buffer conditions outlined herein. (f) There shall be no further subdivision of Lot 1 and Lot 2 in perpetuity. (g) Except for the driveway to Lot 1, a 20' wide natural/landscaped buffer running along the property boundary described as S. 26 degrees 25 minutes 00 seconds E for a distance of 282.61 then S. 43 degrees 14 minutes 50 seconds E. for a distance of 156.80 feet shall be established. The 20' natural/landscaped buffer is established in perpetuity. The current and all subsequent landowners of lots 1 and 2 shall be responsible for maintenance of the perpetual 20' natural/landscaped buffer area. All planted vegetation within this area shall be guaranteed to survive a period of three years. In the event that any of the planted vegetation 'dies, the landowner shall replace such vegetation at their expense. Any changes to trees and shrubs require Planning Board approval. (h) As to Lot 1, prior to issuance of a Certificate of Occupancy the following landscaping will be planted and maintained in perpetuity: (1) the 20' wide natural/landscape buffer running along Hobart Avenue will be planted with such plant species, density and size as was planted on Lot 2 along Hobart Avenue. (2) along the northern boundary of lot 1 a mw of 6-7' tall white pines, 7'-8' on center will be planted to achieve winter screening. (i) Pursuant to a recorded "Grant of Drainage Easement", there shall be established a 50' wide X 145.18' long drainage easement running along the property boundary described as S 35 degrees 05 minutes 00 seconds W and as illustrated on the Filed Map (j) The use of synthetic herbicides, pesticides and/or fertilizers capable of entering surface or ground waters is prohibited on Lots 1 and 2 (k) All utility connections shall be constructed underground (I) If applicable, prior to construction activity on any of the lots within the subdivision, the project may require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase II State Pollutant Discharge Elimination System or a drainage approved under Chapter 236 (m) Concrete property boundary monuments shall be required. Monuments shall be set on the inside comers of outside boundaries of the land subdivided at each point where there is a change of alignment. Except where the boundary is a watercourse, the monuments shall be offset in the line of adjacent traverse. 2. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enfome the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their helm, executors, legal representatives, distributees, successors, assigns and transferees. 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. 4. 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 par~ so adjudged to be illegal, unlawful, invalid, or unconstitutional. 5. 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. 6. 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. That 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. ~leidi Ba~ttaglia ~ STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the/_~ day of /'V'Ob~c~,,z~,/before me, the undersigned, a notary public in and for said State, personally appeared Joseph Battaglia and Heidi Battaglia 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 capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. ~~_........ ~. PATRICIA C. MOORE Notary Public, State of New York Stdfolk County- No. 4.86166,8~..t Commission Expires June Schedule A Description ALL that certain plot, piece or pamel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at the northeasterly corner of the premises about to be described, the point of beginning being monumented by a pipe set in the westerly side of Hobart Road at the division line between premises about to be described and lands of Frederic P. Rich, said point of beginning being distant 176 feet southerly measured along the westerly side of said road from another monument in the westerly side of said road marking the division line between lands of Frederick P. Rich and lands of E. Gates formedy of John Kom and formerly of Hubert Howard; RUNNING THENCE southerly along the westerly side of Hobart Road the following two courses and distances: 1) South 26 degrees 25 minutes 00 seconds East, 282.61 feet to a monument; 2) South 43 degrees 14 minutes 50 seconds East, 156,80 feet to the division line between lands herein described and lands now or formerly of Penney; THENCE along said division line, South 35 degrees 05 minutes 00 seconds West, 145.18 feet to the ordinary high water mark of Town Creek; THENCE along the said high water line of Town Creek in a general northwesterly, southwesterly and again northwesterly direction to the division line between lands herein described and said lands now or formerly of Frederic P. Rich the following (9) courses and distances: 1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet; 2) North 74 degrees 35 minutes 22 seconds West, 73.82 feet; 3) North 56 degrees 35 minutes 27 seconds West, 89.19 feet; 4) North 42 degrees 15 minutes 27 seconds West, 63.27 feet; 5) North 47 degrees 46 minutes 26 seconds West, 66.84 feet; 6) North 22 degrees t8 minutes 7) North 51 degrees 47 minutes 8) North 37 degrees 23 minutes 9) Nodh 18 degrees 59 minutes 44 seconds West, 40.90 feet; 32 seconds West, 38.54 feet; 58 seconds West, 83.81 feet; 27 seconds West, 56.47 feet; THENCE along said division line, North 58 degrees 35 minutes 00 seconds East, 249.27 feet to the westerly side of Hobart Road to the point or place of BEGINNING.