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HomeMy WebLinkAbout1000-40.-2-6.2 l10~~ . . fc287 APR 1 1986 DECLARATION OF COVENANTS AND RESTRICTIONS WITNESSETH: That HOMESTEAD ACRES AT GREENPORT, INC., a domestic corporation with an office at 1159 West Main Street, Ri verhead, New York, being the record owner of all the real property hereinafter described and the subject of this declaration, does hereby declare for itself, its successors and assigns, in consideration of the premises, and hereby make known, publish and declare, covenant and agree that the premises hereinbelow described shall hereafter be subject to the covenants and restrictions hereinbelow enumerated. 1. Real Property Affected All that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, near the Village of Greenport, County of Suffolk, State of New York, known as subdivision of Homestead Acres on Map entitled "Subdivision Map of Homestead Acres" to be filed in the Office of the Clerk of the County of Suffolk. (Detailed description is attached hereto as Vi'5.: 1000 Exhibit "A") je.e. '. o3~OO 2. o . OIoD'b 1).L~.O z> (a) No structure shall be I__~ ," O~4-I;;J t., ,~ permitted on any of the hereinabove 01'J.0& b ''\- Residential Use erected, altered, placed or described premises other than a single family, detached dwelling not to exceed two stories in , / o~ height with one private garage for not more than three (3) I /(S'1:'".. '"'"""'"' ..e'- ; o<{o& oautomobiles . I;? L. (', O~OO .:$c;,~' }~,& '3_:lUbject premises except the practice of medicine, dentistry, law, ") ~<.. engineering or public accounting by members of the resident o O{,. 'J.2,. family and in the main dwelling only. (b) No trade, or business, shall be conducted on the 3. Size of Dwellinq (a) The minimum ground floor area, exclusive of garages and open porches, shall be 1500 square feet for one story houses and ~ V. 1200 square feet for one and one-half and two story houses. 4. Size of Plot - (a) No dwelling may be erected on any plot having an area 0 ) l-1 V) c~ c- - N.... ""'- of less than 24,000 square feet. Ct-{ . .10025 P&288 . . 5. Plans and Specifications (a) No residence shall be permitted to be erected on any portion of the subject premises without prior written approval of the plans and specifications by HOMESTEAD ACRES AT GREENPORT, INC. One signed, approved copy of the said plans and specifications shall remain in the possession of HOMESTEAD ACRES AT GREENPORT, INC. and another signed, approved copy shall remain in the possession of the owner. (b) No changes or alternations from the approved plans and specifications, either during or after construction, shall be made without written approval of HOMESTEAD ACRES AT GREENPORT, INC. (c) No structure shall be permitted to be erected on the subject premises without the prior written approval by HOMESTEAD ACRES AT GREENPORT, INC. of the plot plan ~howing the proposed location of the dwelling or other structure upon the building plot. (b) The contractor or builder to be employed by the owner, '. in connection with the erection or alteration of the dwelling on the subject premises, shall be approved by HOMESTEAD ACRES AT GREENPORT, INC. (e) There shall be erected on the subject premises no garages or out buildings detached from the main residence without the prior written approval by HOMESTEAD ACRES AT GREENPORT, INC. 6. Temporary Dwellinq No trailer, basement, tent, mobile home, garage or other temporary structure erected or placed upon subject premises shall at any time be used as a residence, temporarily or permenantly. 7. Fences No fence, wall, hedge, partition or other barrier of any kind in excess of three feet in height shall be erected or maintained on any portion of the sub ject premises wi thout the prior written approval ,'f HOMESTEAD ACRES AT GREENPORT, INC. a. Siqns No signs, ot' ,han the owner's name and profession, shall be erected on t' ['remises. Such signs shall not exceed six . . I 10025 Pl:289 inches in height or twenty-four inches in width. HOMESTEAD ACRES AT GREEN PORT , INC., may, however, display appropriate signs designating plots or dwellings for sale or inspection. 9. Completion of Construction (a) The exterior of all residences must be 100% completed within eight months of the date of the issuance of a building permit by the Town of Southold. (b) Felled trees, stumps, and debris must be removed from the premises prior to occupancy of the residence. 10. Upkeep of Grounds and Dwellinq (a) No garbage, rubbish, paper or other refuse shall be accumulated, or burned, on the premises. All such material shall be stored in a hidden, sanitary container and shall be removed regularly from the premises. (b) The grounds of each residence must at all times be kept reasonably well maintained. " (c) No clothes poles, clotheslines, playground equipment or vegetable gardens shall be placed, erected or maintained on any portion of the subject premises except in such a position that it shall not be readily visible from the street, without the prior written approval of HOMESTEAD ACRES AT GREENPORT, INC. (d) No residence shall be boarded up nor shall any windows or entrances be sealed. (e) No trucks, cars, boats, mobile homes, campers or trailers shall be stored on the subject premises with the exception that no more than two regularly used automobiles may be parked in the driveway of each residence and that no more than one boat, not to exceed twenty feet in length, may be temporarily stored in the rear of each dwelling. 11. Movinq Buildinq (a) No building shall be moved upon the subject premises, but this restriction shall be no bar to the change of location of a building by the owner from one part of his property to another part of his property if within the hereinabove described premises. .... """"",,, . . 10025 PG290 12. Rentinq (a) No owner of a residence on the subject premises shall transients. rent a portion or portions of the premises to boarders or 13. ~ (a) No animals, other than the usual household pets, shall be kept on the property and such pets must be confined to their owner's premises except, however, when being transported to and from the subject premises. No coop, casge or other structure for housing animals shall be erected on the subject premises. 14. Park and Recreation Area (a) Each owner shall have the right in common with others to use the areas designated as "Park and Recreation Area" for various outdoor activities on the map entitled "Subdivision Map of Homestead Acres at Greenport" to be filed 'in the Office of the ,. Clerk of the County of Suffolk. (b) Such "Park and Recreation Areas" are restricted to op~n space use in that no structures shall be built on the open areas. Notwithstanding any other provisions of this declaration, the open areas shall remain as such in perpetuity. (c) Each owner of a dwelling constructed on the subject premises shall share pro rata, together with other property owners entitled to the use of such facilities, in the real estate taxes and maintenance charges incurred in connection with said improvements to the "Park and Recreation Area." All such real estate taxes and maintenance charges shall be paid by HOMESTEAD ACRES AT GREENPORT, INC. until such time as at least ten (10) dwellings are constructed with the right to utilize said "Park and Recreation Area." 15. Annovinq Activities (a) No noxious or offensive activity shall be carried on upon th~ subject premises, nor shall anything be done thereon which may be or may become an annoyance or nuisance ot the neighborhood. 16. Duration (a) Except as otherwise provided in paragraph 14 hereof, the covenants and restrictions contained herein shall be deemed . . . 10025 P&291 to be real covenants running with the land and shall be binding on and shall inure to the benefit of HOMESTEAD ACRES AT GREENPORT, INC. and all other owners, mortgagees and lienors of the subject premises, their heirs, executors, successors and assigns, and all claiming under them until May 1, 2005, at which time said covenants and restrictions shall automatically cease and terminate unless they be renewed by affirmative vote of fifty-one (51%) percent of the then owners of dwellings erected on the subject premises. (b) Except as otherwise provided in paragraph 14 hereof, these covenants and restrictions can be altered, . modified or annulled at any time prior to their expiration date by written agreement by and between HOMESTEAD ACRES AT GREENPORT, INC. or their successors and assigns, and the owners of fifty-one (51%) percent of the dwellings erected upon the s'ubject premises. Such agreement shall be effective to alter, modify or annul such covenants and restrictions as to any plot without the consenti:of the owner or owners or mortgagees or lienors of that plot or any adjacent premises. 17. Formation of a Homes Association (a) Declarant covenants and agrees that at or before the . time one-half of the lots have been conveyed by it to third parties that it will at its own cost and expense establish a not-for- profit corporation to be known as HOMESTEAD ACRES HOMES ASSOCIATION hereinafter referred to as "Homestead Acres Homes Association" and that within sixty days thereafter convey to such "Association" all the right, title and the interest of the declarant in and to said Park and Recreation area together with any and all p'rivate" streets shown on said Subdivision Map and, any and all areas shown on the Subdivision map for future highway dedication. (b) Each lot owner and any succeeding owner shall automatically become a member of the "Association" and each lot shall be automatically subject to a charge for a proportionate share of the expenses for the organizations activities. ,,'" ,.. . . 10025 rt293 (,. l (b) By others: In the event of any violation of the foregoing covenants and restrictions or any attempt to violate the same, the person or persons owning any portion of the premises covered by the covenants nd restrictions may prosecute any actions or proceedings in law or in equity against the corporation, person or persons violating or attempting to violate the same, either to prevent it, him, her or them from so doing, to abate the act of any violators, or to collect damages for such violations. Any property owners' association of the owners of said real property duly incorporated under the laws of this State hereinafter formed is specifically granted the right to enforce said covenants and restrictions. 19. Partial Invalidation Invalidation of anyone of these covenants, in whole or in part, by judgment or court order, or otherwi~e, shall in no wise affect any of the other provisions which shall remain in full force and effect. " 20. Real Property Not Affected It is expressly understood and agreed that the foregoing covenants and restrictions are intended to cover the above described real property only (i.e. premises known as Subdivision of Homestead Acres) and are not to be extended to any other property of the undersigned now owned or subsequently acquired, by implication or otherwise; and it is expressly understood that there is no obligation upon the undersigned, their heirs, executors, successors or assigns to restrict in any manner any other real property which they may now own or which they may hereinafter acquire. . , --- . . 10025 p&292 (c) Each lot owner shall have equal voting rights in the Association and shall have the right to the use and enjoyment of the common property. (d) Once established, all responsibility for the operation and maintenance of the common land and facilities shall lie with the Homes Association. (e) Dedication of all common areas shall be recorded directly on the final plat, or by reference on that plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. (f) The Articles of Incorporation and By Laws of the Homes Association and any amendments thereto shall be subject to approval by the Southold Town Board. (g) The Homes Association shall be perpetual; it shall purchase insurance, pay taxes, specify in its charter and bylaws , an annual homeowner I s fee, give provision for assessment and provide that all such charges become a lien on each property ~n favor of said Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any members for the collection of any unpaid assessment in any court of competent jurisdiction. (h) The developer shall assume all responsibi li ties as previously outlined for the Homes Association until a majority of the dwelling sites ar sold, at which time the Homes Association shall be automatically established. 18. Violation of Covenants and Restrictions (a) By HOMESTEAD ACRES AT GREENPORT, INC.: If HOMESTEAD ACRES AT GREEN PORT, INC. , or its successors or assigns, shall violate or attempt to violate any of the covenants and restrictions enumerated herein, it shall be lawful for any other person or persons owning any portion of the hereinabove described premises to prosecute at law or in equity against the persons violating or attempting to violate any such covenant and either prevent them from so doing or to recover damages for such violation. . . -. r 10025 rt294 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this J-'t~~ day of ~, /18'&, STATE OF NEW YORK ) Nt-W ~O"t-&- sS.: COUNTY OF SUFFOLK ) On the ~?-day of ~I (~"I before me personally came Schabse Gordon to me known, who" being by ~lt Iluly ,s,worn, did depose and say that he resides on %4 ~ fJ4"I&\.rtfd,...~'V\,Lt. that he is the President of HOMESTEAD ACRES AT GREENPORT, INC., the corporation described in and which executed the foregoing STATE OF NEW YORK 55.: J County of Suffolk I, JULIETTE A. KINSEllA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court bein~ CC?}Jrt ~ Recor~DO _ /7 - H~EBY CERTIFY that Lhave c?mpared the annexed ~oyy of 0/~ tf '"'-o4tJt!~. ,if"..e'M<.<1C'<t" /-.It.! {j/?At.6~(/;?6'64';(7 /.53,JP//cJ ~ ~/.&'t7..?. -~..?.f/ ' and that it is a just and true copy of such original an;( of the whole thereof. ~~ IN TESTIMONY WHEREOF, I have hereunto set my hand aod affixed the seal of said . unty and Court this .;?? day of ~ 19 6'6" ..................................~ .a..kf'</_' .e ~ ~ Clerk. 12-101: 1/14 .