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HomeMy WebLinkAbout1000-35.-8-5.3DECLARATIO~ OF PKOTECT!~ CO~A~TS ~ RESTRICTI¢ S~TM~IT ESTATES EAST MARION REAL ESTATE JUl ~ 1992 TRANSFER TAX 'SUFFOLK ~O~NT¥ DECLA~AT!O~ made this ~ of-.J~ , 1992, by GUS~V~AR REA~T~ day CORP., a domestic corporation kaviaq its principal place of business at 13-07 37tk Avenue, Long Islazld City, New York bereiaafter called tke Declarant. 348O,3 Wa~REAS, tke Declarant of Covenants and Restrictions wi!! be filed before tke map of S,,m~it Estates is filed ia tke office of tke Count? Clerk. WHEREAS, tke Declarant is tke owner in fee simple of the fol!owiaq described premises: side of Shipyard Lane the ALL that certain plot, piece, or parcel ofland in the Town of Southold, County of Suffolk, State of New York, bounded md described as follows: PARCEL I BEGINNING at the intersection of the westerly side of Shipyard and the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence from said point of beginning along the westerly following two (2) courses and distances: (1) South 37 deg. 45 min. 52 sec. East 833.33 feet, .~) South 37 deg. 06 min. 12 sec. East 9.98 feet to land now or formerly Gusmar Realty Corp. R~NING thence along land now or f~rmerly Gusmar Realty Corp. the following thirteen (13) courses and distances~ (1) South 52 deg. 53 min. 48 sec. West 200.00 feet, (2) South 37 deg. 06 min. 12 sec. East 63.84 feet, (3) South 52 deg. 14 min. 08 sec. West 201.23 feet, (4) South 69 deg. 05 min. 45 sec. West 90.15 feet, (5) South 54 deg. 15 min. 38 sec. West 161.50 feet, (6) South 35 deg. 44 min. 22 sec. East CONTINUED ON PAGE 2 115 6 124 PROTECTIVE COVENA~'FS AND RESTRICTIONS SUMMIT ESTA'TES Page 2 (7) a distance of (8) (9) a distance of (10) (11) (12) on a curve to the left having a radius of 120.32 feet 166.66 feet, South 25 deg. 06 min. 12 sec. East 50.00 feet, on a curve to the right having a radius of 170.32 feet 35.58 feet, South 06 deg. 23 min. 29 sec. East 115.00 feet, South 76 deg. 22 min. 24 sec. East 118.03 feet, South 20 deg. 18 min. 14 sec. West 173.64 feet, (13)~ South 55 deg. 27 min. 28 sec. West 160.97 feet to land now or formerly John and Marguerita Tam Aexel; RUNNING thence North 34 deg. 32 min. 32 sec. West along land now or formerly John and Marguerita Tam Aexel and along land now or formerly Otto and June Schoenstein 185.38 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or formerly Gusmar Realty Corp. the following seven (7) courses and distances: (1) (2) (3) a distance of (4) (5) a distance of North 55 deg. 27 min. 28' Rec. East 200.18 feet, North 06 deg. 23 min. 29 sec. West 127.40 feet, on a curve to the right having a radius of 170.32 feet 180.30 feet, North 35 deg. 44 min. 22 sec. West 404.01 feet, on a curve to the left having a radius of 40.00 feet 34.53 feet, CONTINUED ON PAGE 3 PROTECTIVE COVENANTS AND RESTR'ICTIONS SUMMIT ESTATES Page 3 (6) on a curve to the right having a radius of 60.00 feet a distance of 213.52 feet, (7) North 28 deg. 41 min. 56 sec. East 102.09 feet to land now or formerly New York State Department of Public Works; RUNNING thence along land now or formerly New York State Department of Public Works the following' five (5) courses and distances: (1) South 33 deg. 35 min. 38 sec. East (2) North 56 deg. 24 min. 22 (3) North 33 deg. 35 min. 38 (4) South 56 deg. 24 min. (5) North 33 deg. 35 min. southerly side of Main Road (N.Y.S. RUNNING thence along the'southerly side of Main Road (N.~.S. Rte. 25) the following two (2) courses and distances: (1) North 63 deg. 43 min. 48 sec. East 17.09 feet, (2) North 56 deg. 30 min. 58 sec. East 430.21 feet to the westerly side of Shipyard Lane and the point or place of BEGINNING. 90.04 feet, sec. East 300.00 feet, sec. West 300.00 feet, 22 sec. West 265.00 feet, 38 sec. West 201.82 feet to the Rte. 25); PARCEL II BEGINNING at a point on the southerly ~ide of Main Road (N.Y.S. Rte. 25) said point being situate the following two (2) courses and distances, as measured along the southerly side of Main Road (N.YiS. Rte. 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte. 25) and the westerly side of Shipyard Lane: CONTINUED ON PAGE 4 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 4 (1) South 56 deg. 30 min. 58 sec. West 430.21 feet, (2) South 63 deg. 43 'min. 48-sec. West 52.38 feet; RUNNING thence from said point of beginning South 33 deg. 35 min. 38 sec. East along land now or formerly New York State Department of Public Works 282.06 feet to land now or formerly Gusmar Realty Corp.; RUNNING thence South 54 deg. 15 min. 38 sec. West along land now or formerly Gusmar Realty Corp 346.24 feet to land now or formerly Larry D. and Allison C. Bouts; RUNNING thence North 35 deg. 44 min. 22 sec. West along land now'or formerly Larry D. and Allison C. Bouts and along land now or formerly Antonios G. and Caliope Katsimatides 402.50 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the southerly side of Main Road (N.Y.S. Rte. 25)~ the following three (3) courses and distances: (1) North 70 deg. (2) North 76 deg. (3) North 63 deg. 34 min. 48 sec. East '93.75 feet, 32 min. 48 sec. East 221.37 feet, 43 min. 48 sec. East 62.85 feet to land now or formerly New York State Department of Public Works and the point or place of BEGINNING. PARCEL III BEGINNING at the northeasterly corner of the parcel about to be described said point being situate the following five (5) courses and distances from the intersection of the westerly side of Shipyard Lane and the southerly side of Main Road (N.Y.S. Rte. 25): CONTINUED ON PAGE 5 . ? 11[ 16 127 P~OTECTIVE COVENANTS ~ND R~ST~ICTIONS SU~IT ESTATES Page 5 (1) South 37 deg. 45 min. 52 sec. East along the westerly side of Shipyard Lane 833.33 feet to a point, (2) South 37 deg. 06 min. 12 sec. East still along the westerly side of Shipyard Lane 702.48 feet to land now or formerly Gusmar Realty Corp. and the southerly terminus of the arc of a curve connecting the westerly side of Shipyard Lane and the southerly ~ide of a 50 foot wide Easement for ingres~ and egress for this Parcel III of "Map of Summit Estates, Section 1", (3) on a curve to the left, connecting the westerly side of Shipyard Lane and the southerly side of the aforementioned Easement, having a radius of 40.00 feet a distance of 62.83 feet to the westerly terminus of the arc of curve connecting the westerly side of Shipyard Lane and the southerly side of the aforementioned Easement, (4) South 52 deg. 53 min. 48 sec. West along the southerly side of the aforementioned Easement 248.00 feet to a point, (5) on a curve to the left having a radius of 810.00 feet still along the southerly side of the aforementioned Easement a distance of 4.62 feet; RUNNING thence from said point of beginning South 36 deg. 51 min. 12 sec. East along land now or formerly Gusmar Realty Corp. and land now or formerly Parkside Heights Co. 806.96 feet to land now or formerly Parkside Heights Co.; RUNNING thence along land now or formerly Parkside Heights Co. and along land now or formerly Cleaves Point Condominium the following two (2) courses and distances: CONTINUED ON PAGE 6 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 6 (1) South 54 deg. 06 min. 18 sec. (2) South 10 deg. 39 min. 48 sec. highwater mark of Gardiners Bay; RUNNING thence North 88 deg. 30 min. 49 sec. West along the highw~ter mark of Gardiners Bay 97.34 feet to land now or formerly Crescent Beach Condominium; RUNNING thence along land now or formerly Crescent Beach Condominium and along land now or formerly Gusmar Realty Corp. the following three (3) courses and distances: (1) North 10 deg. 39 min. (2) North 54 deg. 06 min. (3) North 36 deg. 51 min. West 206.72 feet, West 540.89 feet to the 48 sec. East 513.12 feet, 18 sec. East 203.55 feet, 12 sec. West 758.07 feet to the southerly side of the aforementioned 50 foot wide Easement; RUNNING thence on a curve to the right having a radius of 81'0.00 feet along the southerly side of the aforementioned Easement a distance of 100.32 feet to the point or place of BEGINNING. TOGETHER with a 50 foot wide easement-for ingress and egress for this Parcel III "Map of Summit Estates, Section 1". Also known and designated as Lots No. 1 through 35, and the open space parcels (Parcels A, B, and C), and the Park and Recreation area (Parcel D) on a certain map entitled "Map of Summit Estates at East Marion, Tow~ of Southold, Suffolk County, N.Y.,,, filed in the Office of the Clerk of the County of Suffolk on the day of as Map No. CONTINUED ON PAGE 7 PR©TECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 7 W~REAS, the Declarant desires to make this DeClaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, subject to the with the land: THEREFORE, the aforedescribed premises ~hall be following covenants and restrictions which shall run No lot shall be subdivided or its lot lines changed in any m~nner at any future date unless authorized by the ToW~l of Southold Planning Board: Due to the min~mt~m .lot area requirement of.the zoning classification of this property being considerably less than the area of Lot No. 33, Lot No.33 shall be made subject to a covenant that will prohibit its future subdivision. The fence which extends into park and recreation Parcel D is to be removed, as ara the structures which are shown in that area. All stozmwater runoff resulting from the development and improvements of this subdivision or any of its lots shall be retained on the' si~e and shall not flow out onto Mai~ Road (State Roa~'2S) or into the State recharge basin. No sanitar~ disposal facility shall be constructed or installed witB!D 100 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeowners Association for Summit Estates. CONTINUED ON PAGE 8 PROTECTIVE COVENANTS SUMMIT ESTATES Page 8 AND RESTRICTIONS b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. Any use of this area for parking or for any vehicular access to the Park and Recreation area shall be subject to Planning Board approval. c) No structure or building shall be placed within these areas. The terTas "structure,, and "building" shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) Any building, structure or parking to be located on parcel D, shall be subject to Southold Tow~ Plenn~ng Board approval. Any building, structure or parking allowed by the Planning Board shall be located to the northerly side of a line connecting the following two points: 250' north ~f Gardiners Bay on the easterly property line of the Park and Recreation area, and 310' north of Gardiners Bay on the westerly property line of the Park and Recreation area, as indicated on the subdivision map for Summit Estates. o The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lo= or road drainage into such pond. This area shall not be filled or regraded. CONTINUED ON PAGE 9 PROTECTIVE COVENANTS SUMMIT ESTATES Page 9 AND RESTRICTIONS 10. 12. The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State, and is to be kept available for dedication in perpetuity, by the Homeowners Association for future highway purposes. The dock, and any futur~ expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the.Southold Town P!ann~ng Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s)'of the park and recreation area only. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or any s~ lar area described by a different nomenclature, so as to insure continued compliance with the covenants, terms and provision~ designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or any similar area described by a different nomenclature, 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 heirs, executors, legal representatives, distributees, successors, assigns and transferees. CONTINUED ON PAGE 10 - 0Estates - .Covenants and Restrictions 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modificati0n shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. STATE OF NEW YORK: : SS. COUNTY OF SUFFOLK: On this [~day of~[~ , 19~,-- before me personally came ~%~ to me known, who, being by me duly sworn, did depose and say that he resides at ~?~$ ~L~at he is the~.~T, of GUSMAR REALTY CORP., the corporation desdribed in, and which executed the fo~e~ing instrument~kat of sai~ ~u£pora~lu~; th~ ~,,~ s~a-i--arzixed ~o sa~ instrtL~a~t is s11~h cer~rate ~al ~ ~hat was so di-l~-burs of--said ccr~o~a~ion$ and that he signed his name thereto Notary Public SOUTHOLD TOWN I~ANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS FOR S[R'/MIT ESTATES, EAST MARION, NEW YORK THIS DECLARATION made by Gusmar Realty Corp. this 13th day of February, 1991, a domestic corporation with offices located at 1:3-07 37th Avenue, Long Island City, New York, hereinafter referred to as the DECLARANT, as to the owner of the premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants ~nd restrictions and does hereby declare ~hat said ~REMISES shall be held and shall be conveyed subject to the following covenants and restrictions: DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, approval of plans or approval of subdivision or development on the PREMISES. As a condition of approval by the DEPARTMENT of the subdivision or development application, the DECLARANT covenants that there shall be no conveyance of any plot unless public water ~s extended thereto. This shall not prevent a conveyance of the entire subdivision subject to this covenant. The DECLARANT, ~ts successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupents, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjt~ation to the covenants and restrictions. 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 ~d federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, ~d/or re~lations may thereafter be revised, amended, or promulgated. This document is made s~ject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated ~rein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Co~ty of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 112 1P 42 These covenants and restrictions shall r~un 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 DEPARTMENT. If shy 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 ~mconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other th~% the part so adjudged to be illegal, unlawful, invalid, or ~mconstitutional. 11271 £ 3 h~ ¢'a] [,nt~ ~$2-1980 - The DECLARANT represents and warrants that be has not offered or given any gratuity to an]; office]~ empioyee, or agent of Suffolk County, New York State, or ~d[ any po[J t~cal party, ~ith the t~rpuse or intent of ~ecuring f3w~rsble treatment ~ith respect to the performance of ~ agreement, ,and that such person has read and is familiar with the provisions of local Law ~82~ 1980. COltNTY OF SUFFOLK) On this ~/~'~- day of ,-7"u 8ef,:,re me came /~xJw~A.i ~ ~l~ ~s to me ~own to be the ind[vi~.ual described in ~d who executed the foregoing instmm~en/ and :'k]o~ledge~ thet he executed the Qualified in Suffolk County C~mission Expires ~ 112 1 444 SCHEDULE A TP~ TITLE Title No. FQ 3950 S ALL that certain plot, piece or parcel of land, situate, lying and being n~ar the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGIA~qING at the point of intersection of the southerly line of Main Road with the westerly line of Shipyard Lane; RUNNING THENCE along said westerly line of Shipyard Lane, the following 3 courses and distances: (1) South 36 degrees 36 minutes 10 seconds East, 833.33 feet; (2) South 35 degrees 56 minutes 30 seconds East, 832.52 feet; (3) South 35 degrees 41 minutes 30 seconds East, 43.12 feet to land of Parkside Heights Co. r~IENCE along said land of Parkside Heights Co., the following 4 courses and distances: (1) (2) (3) (4) South 55 degrees 16 minutes 00 seconds West, 293.40 feet; South 35 degrees 41 minutes 30 seconds East, 600.00 feet; South 55 degrees 16 minutes 00 seconds West, 206.73 feet; South 11 degrees 40 minutes 30 seconds West, 540.89 feet more or less, to ordinary high w~ter mark of Gardiner's Bay; ~CE westerly along said high water mark, 97.34 feet more or less to land of Kavanaugh; ~{~qCE along said land of Kavanaugh, the following 4 courses and distances: (1) North 11 degrees 49 minutes 30 seconds East, 480.11 feet more or less; (2) South 85 degrees 45 minutes 20 seconds West, 250.00 feet; (3) North 33 degrees 30 minutes 50 seconds West, 427.54 feet; (4) South 58 degrees 49 minutes 10 seconds West, 87.89 feet to land now or fol~aerly of Dawn Estates, Inc. Schedule A - Page 2 THENCE along said land of Dawn Estates, Inc., other land of Kavanaugh and land of North Fork ~quities, Inc., North 33 deg,=es 22 minutes 50 seconds West, 812.15 feet; THENCE oontinuing along said land of North Fork Equities, Inc., North 34 degrees 34 minutes 40 seconds West, 1,067.74 feet to the southerly line of Main Road; TH~I~CE along said southerly line of Main Road, the following 3 courses and distances: (1) North 71 degrees 44 minutes 30 seconds East, 93.75 feet; (2) North 77 degrees 42 minutes 30 seconds East, 221.37 feet; (3) North 64 degrees 53 minutes 30 seconds East, 62.85 feet more or less to land of State of New York; ~H~CE along said land of State of New York, the following 5 courses and distances: (1) South 32 degrees 25 minutes 56 seconds East, 506.32 feet; (2) North 57 degrees 34 minutes 4 seconds East, 300.00 feet; (3) North 32 degrees 25 minutes 56 seconds West, 300.00 feet; (4) South 57 degrees 34 minutes 4 seconds West, 265.00 feet; (5) Nor%h 32 degrees 25 minutes 56 seconds West, 201.82 feet to said southerly line of Main Road; TH~CE along said southerly line of Main Road, the following 2 courses and distances: (1) North 64 degrees 53 minutes 30 seconds East, 17.09 feet more or less; (2) North 57 degrees 40 minutes 40 seconds East, 430.21 feet to the point or place of B~GINNING. ~ONSENT OF MORtGAGEE/LIENOR D~gANT H.D. REF. NO. OR NAME OF SUBDMSICN SL~biIT ES~kTES In the matter of the application of SL~kTT ESTATES , the undersigned, as holder of a mortgage or lien on pr~mises described in ~dhedule "A" annexed hereto, hereby consents to the annexed Covenants and Restrictions on said pr~kises. STATE OF FLORTDA · SS. : COJ~TY OF DADE On 'the ~'-~day of ~_ , 1991, before me persona~ly came "~ ~/ ~/~i~ to me known to be the individual described in and who executed the foregoing inset and acknowledged that he ~rocuted s~rae. Public, State of Florida DECLARATION OF PROTECTIVE COVENANTS ~ RESTRICTIONS SUMMIT ESTATES EAST MARION DECLA-RATIOI~ made this =~ day of 3~/M , 1992, by GUSMAR REALTY COPJ?., a domestic corporation having~ its princ~ipa! place of business at 13-07 37th Avenue, Long Island City, New York 11!01, hereinafter called the Declarant. WHEREAS, the Declarant of Covenants and Restrictions will be filed before the map of Summit Estates is filed in the office of the County Clerk; Wa,:REAS, the Declarant is the owner in fee sim_~>le of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, District 1000, Section 35, Block 8, Lot 5.3, bounded and described as follows: ,La~n BEGINNING at the intersection of the westerly side of Shipyard e and the southerly side of Main Road (N.Y.S. Rte. 25); ~l~de RUNNING thence from said point of beginning along the westerly of Shipyard Lane the following two (2) courses and distances: (1) South 37 deg. 45 min. 52 sec. East 833.33 feet, (2) South 37 deg. 06 min. 12 sec. East 9.98 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or fgrmerly Gusmar Realty Corp. the following thirteen (13) courses and distances: (1) South 52 deg. 53 min. 48 sec. West 200.00 feet, (2) South 37 deg. 06 min. 12 sec. East 63.84 feet, (3) South 52 deg. 14 min. 08 sec. West 201.23 feet, (4) South 69 deg. 05 min. 45 sec. West 90.15 feet, (5) South 54 deg. 15 min. (6) South 35 deg. 44 min. 38 sec. West 161.50 feet, CONTINUED ON PAGE 2 JUN SOUTHOLD PLANNIN~ ~ '. .PROTECTIVE COVENANTS--AND RESTRI'CTIONS S~3MM I T ESTATES Page 2 (7) a distance of (8) (9) a distance of (10) (11) (12) (13) on a curve to the left having a radius of 120.32 feet 166.66 feet, South 25 deg. 06 min. 12 sec. East 50.00 feet, on a curve to the right having a radius of 170.32 feet 35.58 feet, South 06 deg. 23 min. 29 South 76 deg. 22 min. 24 South 20 deg. 18 min. 14 South 55 deg. 27 sec. East 115.00 feet, sec. East 118.03 feet, sec. West 173.64 feet, min. 28 sec. West 160.97 feet to land now or formerly John and Marguerita Tam Aexel; RUNNING thence North 34 deg. 32 min. 32 sec. West along land now or formerly John and Marguerita Tam Aexel and along land now or formerly Otto and June Schoenstein 185.38 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or formerly Gusmar Realty Corp. the following (1) (2) (3) a distance of (4) (5) a distance of seven (7) North 55 North 06 courses and distances: deg. 27 min. 28 sec. East 200.18 feet, deg. 23 min. 29 sec. West 127.40 feet, on a curve to the right having a radius of 170.32 feet 180.30 feet, North 35 deg. 44 min. 22 sec. West 404.01 feet, on a curve to the left having a radius of 40.00 feet 34.53 feet, CONTINUED ON PAGE 3 '. 1150 136 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Pa~e 3 (6) on a curve to the right having a radius of 60.00 feet a distance of 213.52 feet, (7) North 28 deg. 41 min. 56 sec. East 102.09 feet to land now or formerly New York State Department of Public Works; R~INNING thence along land now or formerly New York State Department of Public Works the following' five (5) courses and distances: southerly (1) South 33 deg. (2) North 56 deg. (3) North 33 deg. (4) South 56 deg. (5) North 33 deg. side of Main Road 35 min. 38 sec. 24 min. 22 sec. 35 min. 38 sec. 24 min. 22 sec. 35 min. 38 sec. (N.Y.$. Rte. 25); East 90.04 feet, East 300.00 feet, West 300.00 feet, West 265.00 feet, West 201.82 feet to the ~UNNING thence along the southerly side of Main Road Rte. 215) the foIlowing two (!) North 63 deg. (2) North 56 deg. westerly side of Shipyard Lane and the point or place of BEGINNING. (NiY.S. (2) courses and distances: 43 min. 48 sec. East 17.09 feet, 30 min. 58 sec. East 430.21 feet to the CONTINUED ON PAGE 4 115( 137 PROTECTIVE COVENANTS SUMMIT ESTATES P~ge 4 AND RESTRICTIONS Also known and designated as Lot Nos. I through 10 on a certain Map entitled "Map of Su~t Estates- Section 1 at East Marion, Town of Southold, Suffolk County, N.Y.", filed in the office of the Clerk cf the County of Suffolk on the day of as Map No. W~qEAS, the Declarant desires to make this Declaration setting foz-=h reservations', restrictions, covenants, conditions, and ag~ements, subject to which the prcper~y sho~ra on said map is now held[ and shall be sold and conveyed." NOW, '£~R~FORE, lots ~!, 2, 3, 4, 5, 6, 7, 8t 9, I0 the aforedescribed pr~m]ses shall be subject tot_he following covenants and restrictions, which shall ru/1 with the. land: W~R~n~, the Declarant acknowledges the Village's co~tment to s~pply water, results in the Village making an allocation for such water supply with a consequent co~tlnu3_ng e~.enditure by the Village of funds to maintain and provide for the allocation. In the event an application for water supply hook-up is not made by April 2~, 1997 with respect to any lot to which this covenant applies, the lot for which no application is made shall thereafter be subject to the Village's m~um water supply charge ~n effect at that. time. In the event the charge is not paid, the allocation provided for here~n for that particular lot shall be ~eemed CONTINUED ON PAGE 5 1 806 136 · ~ · ~ PROTECTIVE COVENAN~ AND RESTBICTI.ONS · . SUMMIT ESTATES Page 5 abandoned and any subsequent application for water supply will require payment of the Villages up front fees with respect to that lot. GUSMAR REALTY CORP. STATE OF NEW YORK: : COUNTY OF NASSAU : Ss. On this 1st day of June, 1992 before me personally came Peter Fakiris, to me known, wh~, being by me duly sworn, did deposes and says that he resides at 13-15 37th Ave. Long Island City, New York; that he is the President of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument;Tt~rat~n~ eho ~ v2 ........ ~'-- se~-~ffixed ~ ~id in~tr'~.~cnt is ~uch cer~erat~ ~; ~ ' = ~ ----a- -rs ......... ~-:~ and that he signed his n~e thereto by llke order. 2