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HomeMy WebLinkAbout1000-69.-3-10.1SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP NLunber of Pages: 6 Receipt Number : 06-0080541 District: 1000 Recorded: At: 08/16/2006 0~:10t2~ P~ Page/Filing COE TP-584 Cert.Copies SCTM Received the Following Fees For Above Instrument Exempt Exempt $18.00 NO Handling $5.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $30.00 NO $0.00 NO Fees Paid $78.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County LIBER: D00012464 PAGE: 913 Section: Block: Lot: 069.00 03.00 010.001 EXAMINED AND CHARGED AS FOLLOWS Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument 31 Page / Filing Fee Deed / Mortgage Tax Stamp FEES Handling 5, O0 TP-584 Notation EA-5217 (County) Sub Total EA-5217 (State) R.P. TS.A. Comm. of Ed. Affidavit Reg.~2-6~y Other 4 [Districtl000lSection Real Property Tax Service Agency Verification Sub Total 56 t~ Grand Total t~g_ 1000 06900 0300 010001 61 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 81 RECORDED 2006 Au9 16 04:10:24 PM Jvdigh gi. Pasca!e CLERK OF SUFFOLK COUNT'~J L ~,00012464 P 9i3 Recording / Filing Stamps 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 motgage is or will be improved by a one or two family dwelling only. YES or NO Jif NO, see appropriate tax clause on 5 [ Community, Preservation Fund $. Consideration Amount CPF Tax Due Improved Vacant Land TD TD TD 7 [ Title Company Information Co. Nmne I Title # Suffolk County Recording & Endorsement Page This l:~e forms part of the attached lglo~er llilill Building Corp. Declaration of Covenants and Restrictions (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in made by: SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold T~ ~uthold In the VILLAGE or HAMLET of BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. 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, NY 11757 (631) 957-3004 RiverheadTown Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631 ) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 PanfigoPlace East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward P. Ramaine Suffolk County Clerk DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this"~/~'Cday of ]~ a 6-O,~.-T', 2006, by FLOWER HILL BUILDING CORP., a domestic corporation with an office located at 353 Split Rock Rd., Syosset, New York 11791, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at Southold, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-69-3-10.1 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southuld, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall mn 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: Page 1 of 4 1. Clearing restrictions for lots numbered 2 through 5 shall be as shown on the approved and filed subdivision map known as the subdivision map of Beach Plum Homes as prepared by John Metzger. 2. Flower Hill Building Corp., as the owner and developer of the subdivision, shall replace street trees which are substantially deceased or die from natural causes within five (5) years of the filing of the subdivision map. 3. The open space on the subdivision map shall be held subject to a recorded Development Rights Easement in favor of the Town of Southold. 4. In the event the Development Rights Easement sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement submitted to the Town of Southold Planning Department, then, in such event, the Planning Board's approval of the subdivision shall no longer be valid. 5. The Town of Southold Building Department shall not issue building permits for any lots on the approved and filed subdivision map until the Development Rights Easement sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement submitted to the Southold Town Planning Department. 6. There shall be no further subdivision of lots 2, 3, 4 and 5 as shown on the approved and filed subdivision map. 7. No change shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 8. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be 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. 9. The clustered open space is equal to 4.397 acres and is included within the Development Rights Easement on Lot 1. 10. The building envelopes for Lots 2, 3, 4, and 5, shown on the approved subdivision Page 2 of 4 map, are based on the non-conforming setbacks pursuant to Section 100-244(B) of the Town Code. 11. Lots 2, 3, 4, and 5, as shown on the approved subdivision map, are subject to a 15'- wide non-disturbance/non-fertilization buffer until completion of construction of a home at the particular lot, after which time, the owner will landscape and maintain the 15'-wide buffer with native trees, plants, and shrubs. 12. Prior to the issuance of building permits for any of the lots shown on the approved subdivision map, the property owner shall be required to obtain a General Permit for Storm-Water Runoff from Construction Activity (GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. 13. Residential structures on Lot 1 shall be located within the building envelope as shown on the approved subdivision map. 14. Landscaping on Lots 2, 3, 4, and 5 shall include native plants, disease-resistant and drought-tolerant plants. 15. Pervious driveways shall be used to serve each ofthe lots on the approved subdivision map. 16. The water line easement 10' wide shall remain free of structures. These covenants and restrictions shall mn 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 by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Page 3 of 4 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 at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall nm with the land and shall be binding upon the Declarant and its 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 above named has executed the foregoing Declaration the day and year first above written. FLOWER HILL BUILDING CORP. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK SS.: I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record t,hereof, do hereby certify that I have compared the annex~e~d with the original .....~'?..~....~.~:..f3:...~..~..-~.. ~ ./YJ...RECORDED in my office on O~7 under LIBER .(~..~....z~..~..% ........PAGE ..~.(~....and, that the copy thereof, and of the whole of such original. said colu~t~:tn~m~;[ff~h;rt~i~f'. ~~;~ .~~.~;h.~s.~ of Comm*~s~on Expires du ¥ 13, 20 Page 4 of 4 SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the West side of Main Road adjoining land of Faszczewski on the South, said point of beginning being 425 feet, more or less, from the northerly side of Ackerly Pond Lane, formerly Bowery Lane; from said point of beginning: RLrNNING THENCE along said land of Faszczewski the following two (2) courses and distances: 1. North 79 degrees 56 minutes 20 seconds West 95.90 feet; 2. North 82 degrees 01 minutes 40 seconds West 104.10 feet; THENCE continuing along land now or formerly of Baker the following three (3) courses and distances: 1. North 81 degrees 01 minutes 30 seconds West 473.01 feet; 2. North 78 degrees 37 minutes 50 seconds West 313.87 feet; 3. South 07 degrees 59 minutes 20 seconds West 544.41 feet to Ackerly Pond Lane; RUNNING THENCE along said Lane the following four (4) courses and distances: 1. North 77 degrees 40 minutes 50 seconds West 59.09 feet; 2. Noflh 61 degrees 16 minutes 50 seconds West 162.61 feet; 3. North 38 degrees 44 minutes 00 seconds West 693.13 feet; 4. North 39 degrees 26 minutes 20 seconds West 380.19 feet to land now or formerly of Diller; RUNNING THENCE along said land of Diller the following two (2) courses and distances: 1. South 88 degrees 07 minutes 50 seconds East 401.34 feet; 2. North 16 degrees 21 minutes 50 seconds East 366.54 feet to land now or formerly of Akscin; RUNNING THENCE along said land the following three (3) courses and distances: 1. South 75 degrees 43 minutes 10 seconds East 895.92 feet; 2. South 12 degrees 50 minutes 10 seconds West 28.00 feet; 3. South 81 degrees 12 minutes 20 seconds East 481.56 feet to land of Bumett; RUNNING THENCE along said land and others South 12 degrees 40 minutes 40 seconds West 276.44 feet; RUNNING THENCE along land of Zanganas South 81 degrees 16 minutes 50 seconds East 200.00 feet to the westerly line of Main Road; RUNNING THENCE along said line South 11 degrees 41 minutes 20 seconds West 275.20 feet to the point or place of BEGINNING.