Loading...
HomeMy WebLinkAbout1000-79.-2-3.8JAMES W. DAWSON CLUSTER SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS LAW OFFICES CRON AND CRON q This Declaration, made the 1985, by JAMES W. DAWSON, residing at Upper Saddle River, New Jersey 07458, DECLARATION OF COVENANTS AND RESTRICTIONS FOR JAMES W. DAWSON CLUSTER SUBDIVISION ~/~day /F of , 9 Stone Ledge Road, DIST. 1000 SEC. 079 BLK. 02 LOT 003 WHEREAS, said JAMES W. DAWSON is improving the afore- described premises as a planned residential community and contem- plates that lots in said residential community are to be conveyed to individual purchasers; and WHEREAS, JAMES W. DAWSON is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, execu- tors, administrators and assigns, or other successors in interest; WI T NE S S ET H : WHEREAS, JAMES W. DAWSON, as the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled, "James w. Dawson at Bayview", dated September 4, 1984, last amended June 15, 1985, as prepared by Young & Young, L.S., a subdivision situate at East Marion, Suffolk and State of New York, District 1000, on Section 079, Map; and Town of Southold, County of which subdivision will appear in Lot 003 Block 02 ~f the ~uffolk County Tax NOW, THEREFORE, JAMES W. DAWSON declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions, which shall run with the land: (1) with garage(s) No building other than a one-family dwelling shall be erected on any one lot. Each dwelling must have a two-car attached garage, and that any garage must conform in exterior architectural design with the d~{elling. (2) A one-story dwelling erected shall have a first floor area of not less than 1500 square feet and a two- story dwelling shall have a first floor area of not less than 1200 square feet, not including porches or garages. (3) Every garage must have a driveway. The drive- way must have a stone, concrete or asphalt surface. (4) The premises shall not be used for the manufac- ture or sale of merchandise or goods of any kind, for any trade or business whatsoever, or for the 'display of any advertising or commercial signs. (5) No fowl, poultry, animals or livestock shall be kept on the premises other than two domestic pets which shall be confined exclusively to the owner's property. (6) No mobile type homes, modular homes, unlicensed motor vehicles and trailers shall be allowed on any lot regard- less of their size with the exception of boat trailers which must be kept in the rear of the premises. - 2 - rear yard. Clotheslines shall be restricted to the [8) Flat roof construction shall not be used on any buildings, and all buildings must be completed within one year from commencement of construction. (9) The covenants and restrictions herein imposed, as they apply solely to items numbered (1) through (8) inclusive, may be modified, amended, or revoked at any time by the Declarant, his successors or assigns. {10) These covenants and restrictions, as they apply solely to items numbered (1) through (8) inclusive, shall run with the land hereby conveyed and shall bind and inure to the benefit of the said parties hereto, their heirs, administrators and assigns until January 1, 1998, and said covenants and restrictions may be enforced by action for damages or injunctions, or both, until the 1st day of January, 1998. (11) JAMES W. DAWSON has set aside, as indicated On the subdivision-map, an area consistihg of 7.459 acres as "open space" for the use of the owners of lots and their guests'and invitees. Said common land shall be limited to "open space uses". (12) All owners of lots are hereby granted the right to use, iD common with others, space" area. (13) Each lot owner at their own risk, the "open shall be responsib.le for one- seventh (1/7) of the real estate taxes attributable to the "open space" area. All decisions as to the upkeep and main- tenance of the "open space" area shall be in the exclusive - 3 - discretion of JAMES W. DAWSON, or his successors in interest, or an association of property owners as hereinafter provided. (14) While JAMES W. DAWSON holds title to the "open space" area, he will pay the taxes and expenses mentioned in paragraph (13) above, and will submit bills to the individual lot owners for their respective contributions. Such bills will be paid in full to JAMES W. DAWSON by the then present lot owners within fifteen (15) days after said bills have been mailed. In the event that said bill is not paid when duel the same shall become and remain a lien upon the premises of said owner(s) until paid, and JAMES W. DAWSON, his successors or assigns, shall have the right to collect same and to enforce the lien thereof by any means authorized by law. (~5) After a majority of the lots have been con- veyed by JAMES W. DAWSON, said JAMES W. DAWSON, at his cost and expense, shall form, organize and transfer title to the "open space" area to an incorporated non-profit property owners' organization, to be known as the NORTH BAYVIEW ROAD PROPERTY OWNERS' ASSOCIATION, INC. (16) After conveyance is made to the Property Owners' Association pursuant to paragraph (15) above, then: (a) All costs and expenses associated with the "open space" area shall thereafter be borne entirely by the Property Owners' Association; the by-laws of said Association, and any amendments thereto, shall be subject to approval by the Town Board of the Town of Southold. - 4 - (b) The owners of all lots purchased from JAMES W. DAWSON shall be members of the Property Owners' Association; (c) Each member of the Property Owners' Asso- ciation shall be liable, on a per lot basis, for a share of the cost and expenses of.the Property Owners' AssociatiOn; (d) Each member agrees to comply with the regu- lations for the use of the "open space" area enacted by the Property Owners' Association. A majority vote shall be re- quired for the enactment of each such ~egulation; (e) Title to the "open space" area shall be held in perpetuity by the Property Owners' Association. (f) The owner(s) of each lot shall have one vote for each lot owned, whether improved· or unimproved. (g) The area designated "open space" shall remain such in perpetuity. as STATE OF NEW YORK ) ) SS.: COUNTY oF SUFFOLK I On this day of IN WITNESS WHEREOF, the foregoing Declaration has been executed by JAMES W. DAWSON, on the day and y~ar first above written. JAMES W. DAWSON ~/~-'-~' 1985, before me personally came JAMES W. DAWSON, to me known and known to me to be the person described in and who executed the foregoing Declaration of Covenants and Restrictions, and he duly acknow- ledged to me that he executed the same. EDNA RI. ~OTARy PtlBLIC, ~tate of Qualified hi Suffolk ~:lts11[~ '~, I~ommissioD ~xph~e~ MW~ ~ J~ Notary Public 5 STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS.: I, the undersigned, am an attorney admitted to practice in the courts of New York State, and certify that the within Declara- tion of Covenants and Restrictions for James W. Dawson Cluster Sub- division has been compared by me with the original and found to be a true and complete copy thereof. / ........ ~ J - ...... Sworn to before me this ~---day of August, 1985.