HomeMy WebLinkAbout1000-59.-9-10 DECLARATION OF COVENANTS AND RESTRIC i'~)~S AU(.~ t 8 k.,oS~
THIS DECLARATION made by the Town of Southold this ~q'~day of
August. 1989. a Municipal Corporation formed under the laws of the State
~ ~;fouNt;;IdY.°~kewWi~r;Sh;~lerPlrae~r~feclb;;i~;h~t ~gL5A~i~T~°;~'the owner
,~f premises described in Schedule "A" annexed hereto (hereinafter referred
~o as the PREMISES)desires to restrict the use and enjoyment of said
PREMISES and has for such purposes determined to impose on said PREMISES
0~-~covenants and restrictions and does hereby declare that said PREMISES
shall be conveyed subject to the following covenants and restrictions:
~)(6.~) 1. 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 a subdivision or
development on the PREMISES.
2. As a condition for the approval of the DEPARTMENT. of such
application, the DECLARANT agrees that there shall be no further division
of the premises described herein and that said PREMISES shall remain as a
single lot. 5 building lots, and remainder to remain as open space,as ~ho~:n
on. map SCHS REF. 89-101
3. /he DECLARANT. its successors and/or assigns, covenant that any
areas delineated and designated as open space on the subject parcel, as
described in Schedule "A" annexed hereto, shall remain as open space for
the express purpose of protecting the aquifer and water supply, and shall
be kept in its natural state, excepting only property maintenance
activities, as may be appropriate to effectuate the foregoing purposes.
without impairing the essential nature and open character of the premises.
4. The DECLARANT. its successors and/or assigns shall set forth
these covenants, agreements and declarations in any and all leases to
occupants, 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
subjugation to the covenants and restrictions.
5. 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, and federal laws, ordinances, and/or
regulations in effect at the time of execution of this agreement, or at
the time such laws, ordinances, and/or regulations may thereafter be
revised, amended, or promulgated.
6. This document is made subject to the provisions of all laws
required by law or by their provisions to be incorporated herein and they
are deemed to be incorporated herein and made a part hereof, as though
fully set forth.
7. 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
County 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.'
8. These covenants and restrictions shall run 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 premises only with the written
consent of the DEPARTMENT.
9. 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-
10. Local Law ~f32-1980 - The DECLARANT represents and warrants that
he has not. offered or given any gratuity to any official, employee, or
agent of Suffolk County, New York State, or of any political party, with
the purpose or intent of securing favorable treatment with respect to the
performance of an agreement, and that such person has read and is familiar
with the provisions of Local Law #32-1980.
TOWN OF sOUTHOLD
Murphy
STATE OF NEW YORK)
SS:
cOUNTY OF SUFFOLK)
i1['~£ - ~ ~..-ust 1989, before me personally came
On this I"r aay o.~ ~u~j -'ho bein- by me duly sworn did depose and
Francis J. Murphy, to me Known. w
say that he resides at no number New Suffolk Avenue, Mattituck. NY that he
is the Supervisor of the Town of Southold the corporation described in an
which executed the foregoing instrument; that he knows the seal of said
corporation; that the seel affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said
name~b~reto by like order.
corporation, and that he signed his
~/o~ta~[ic : ~tat%Tof New Yo;'~-'
ROBERT H. BERN'rs~O~Ii
. UFFOLK cnm~w ..~
SCHEDULE A
DESCRIPTION OF PROPERTY
~ll that certain piece, or parcel of lend~ situate lying and being
in the Town of Southold, County of Suffolk and State of New York.
Beginning at a point of the southwesterly line of a certain
right-of-way 50 feet in width. 250.33 feet southeasterly along said line
from the southeasterly line of Sound View Avenue and being the easterly
corner of land now or formerly of Terp; running thence along said
right-of-way S-4~°48'20''E--582'42 feet to the northwesterly line of LILCO
easemen[; thence along said line S.53°41'40"W--496-71 feet to land now or
formerly of Manning; thence along said land two courses:
1. N.40o59,00,,W.-402.89 feet; thence
2. N.41o21,30"W.-83.40 feet to said land now or formerly of Terp; thence
along said land N.42°14'10"E.-460-02 feet to the point of beginning.
Containing 5.831 Acres.
Together with a right of way to 50 feet in width adjoining the
northeasterly line of the premises and continuing northwesterly about 250
feet to Sound View Avenue.
Recorded and returned to:
Judith T. Terry
Town Clerk
53095 Mnin Road
3outhold, ~ 11971