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HomeMy WebLinkAbout1000-27.-2-2.1 DECLARATION OF EASEMENT THIS DECLARATION, made the 7~day'of December, 1983, by Charles B. Horow~tz, residing at 14 Dovas Path, Southampton, New York, hereinafter referred to as the Declarant. WI TNES SE TH : WHEREAS, the Declarant is the owner of certain real property situate at Orient, Town of Southold, Suffolk County, New York, more particularly shown and designated as Lots 2, 3, 4, 8 and 9 on a certain map entitled "Subdivision Map of Settlers at Oysterponds", at Orient, Town of Southold, Suffolk County, prepared by Young and Young Land Surveyors on August 3, 1983, which is to be filed in the Office of the Clerk of the County of Suffolk, and WHERE~ , the Declarant is desirous of creating an easement over the parcel of land described in Schedule A attached heEeto ~or the benefit of any subsequent owner of each of the aforementioned lots. NOW, THEREFORE, the Declarant hereby grants subsequent owners right-of-way over to any of each of the aforementioned lots a common the parcel of land described in Schedule A for ingress to and 'from Platt Road and Halyoake Road and to and from Narrow River Road and an easement for the installation of to and egress from each of the aforementioned lots non-exclusive and the Declarant to grant to others the right to use 3, 4, 8 and 9 utilities. This grant is herein reserves the right the right-of-way. The owner of each of the lots granted the use of the right-of-way herein before~ferred to shall be responsible for one-fifth (1/5) of the cost of the Declarant above raned has the day and year first maintenance and upkeep of sai~ right-of-way. IN WITNESS WHEREOF, the executed'the foregoing Declaration above written. STATE OF NEW YORK) ) oss: COUNTY OF SUFFOLK) On thisT~ay of December, 1983, before me personally appeared CHARLES B. HOROWITZ, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same. Notary Publi~ -2- SCHEDULE A AUL that certain plgt, pi6ce or parcel of land situate, lying and being at Orient in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Narrow River Road, distant 155.22 feet southerly from the point of intersection of the southerly side of land now or formerly of H. M. Demarest and Sons with the westerly side of Narrow River Road;' THENCE southerly along the westerly side of Narrow River Road lO0.O0 feet to an angle point in Narrow River Road; THENCE South 52 degrees 34' 30" East along the southwesterly side of Narrow River Road 50.00 feet; THENCE westerly along a curve to the left having a radius of 197.18 feet a distance of 97.94 feet; THENCE westerly along a curve to the right having a radius of 575.00 feet a distanc6 of 134.39 feet; THENCE North 67 degrees 38' 30" West 187.82 feet; THENCE westerly along a curve to the left having a radius of 1775.00 feet a distance of 195.17 feet; THENCE North 73 degrees 56' 30" West 67.27 feet; THENCE westerly along a curve to the right having a radius of 790.00 feet a distance of 285.99 feet; THENCE North 53 degrees 12' West 180.00 feet; THENCE southwesterly along a curve to the left having a radius of 75.00 feet a distance of 110.96 feet; THENCE southwesterly along a curve to the left having a radius of 305.00 feet a distance of 260.84 feet; THENCE North 88 degrees 58' West 125.97 feet; THENCE southwesterly along a curve to the left having a radius of lO0.O0 feet a distance of 87.83 feet to the southeasterly side of Halyoake Road; THENCE North 40 degrees 42' 40" East along the southeasterly side of Halyoake Road 120.06 feet to an angle point in Halyoake Road; THENCE THENCE distance of North 50 degrees 27' 50" West 41.36 feet; southeasterly along a curve to the left having a radius of 150.00 feet a 100.80 feet; THENCE South 88 degrees 58' East 64.76 feet; THENCE northeasterly along a curve to the left having a radius of 255.00 feet a distance of 218.08 feet; THENCE northeasterly along a curve to the right having a radius of 125.00 feet a Page 2 distance of 158.78 feet; THENCE southeasterly along a curve to the right having a radius of 125.00 feet a distance of 26.15 feet; TUENCE South 53 degrees 12' East 180.00 feet; THENCE southeasterly along a curve to the lefthaving a radius of 740.00 feet a distance of 267.89 feet; THENCE South 73 degrees 56' 30" East 67.27 feet; THENCE Southeasterly along a curve to the right having a radius of 1825.00 feet a distance of 200,67 feet; TNENCE South 67 degrees 38' 30" Eas~ 187.82 feet; THENCE southeasterly along a curve to the left having a radius of 525.00 feet a distance of 122.71 feet; TNENCE northeasterly along a curve to the left having a radius of 50.00 feet a distance of 78.54 feet to the westerly side of Narrow River Road at the point or place of BEGINNING. DECLARATION THIS DECLARATION, made the ~ day of March, 1984 by Charles B. Horowitz, residing at 14 Dovas Path, Southampton, N.Yo, hereinafter referred to as the Declarant WHEREAS, the Declarant is the owner of certain real property situate at Orient, To,an of Southold, Suffolk Coua~ty, New York, more particularly shown and designated on a certain map entitled "Sulx~ivision Map of Settlers at Oys- terponds", at Orient, Tow~] of Southold, Suffolk Cotnnty, prepared by Young and Yoang Land Sufveyors on August 3, 1983, which is to k~ filed in the Office of the Clerk of S'dffolk County, and WHEREAS, the Declarant has made application to the Planmning Roard of the ~bwn of Soutbold for approval to sukx~ivide the said real property into 10 par- cels, shown and designated on Suk~ivision Map entitled "settlers at Oyster- ponds", annexed hereto, and WHEREAS, for and in consideration of the granting of said approval, the Plarnning Board of the Tom of Southold has deemed it to be for the k~st inter- ests of the Town of Seuthold and the owners and prospective owners of said par- cels that the within covenant ~ imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration ~ recorded in the Suffolk County Clerk's f~ffice, and WHEREAS, the Declarant has considered th6 foregoing and determined that the same will t~e for the ~st interests of the Declarant and subsequent o~ers of said parcels, NOW, THEREI.XDRE, THIS DECLARATION WIqT~ESSETH: mat the E~eclarant, for the purposes of carrying out the intentions akxDve expressed, does hereby make kno~, admit, publish, covenant and agree that the said premises herein designated shall hereafter be subject to the following covenant which shall r%u] with the land and shall be binding upon all purchasers amd holders of said premises, their heirs, executors, legal representatives, distrik~tees, successors and assigns, to wit: ~hat at no ti~ hereafter shall there k~ any further subdivision of par- cels 1 - 10, inclusive, as herein descriked and a~ approved by the Planning Board of the TOwn of Southold, in perpetuity. IN WTTNESS WHEREOF, the Declarant above named has executed the foregoin~ Declaration the day and year first above w~itten. County of Suffolk State of New York :SS On this _ day of March, 1984 before me personally appeared Charles B. Horowitz, to me known and known to me to be the individual described in and who executed the foregoing inst~n~ment and he acknowledged to me that he ex- ecuted same. tEE AR['~S1 RONG NOTARY PUBLIC, Stat: of Ne~ York No 478523B, Suilo~k County~ Comm. Expires March 30, 19~-' DECLARATION OF EASEMENT THIS DECLARATION, made the 1983, by Charles B. Horow%tz, residing Southampton, Declarant. 7~day'of December, at 14 Dovas Path, New York, hereinafter referred to as the WI TNES SE TH : Bid boo WHEREAS, the Declarant is the owner of certain real property situate at Orient, Town of Southold, Suffolk County, New York, more particularly shown and designated as Lots 2, 3, 4, 8 and 9 on a certain map entitled "Subdivision Map of Settlers at Oysterponds", at Orient, Town of Southold, Suffolk County, prepared by Young and Young Land Surveyors on August 3, 1983, which is to be filed in the Office of the Clerk of the County of Suffolk, and WHERE~ , the Declarant is desirous of creating an easement over the parcel of land described in Schedule A attached hereto Sot the benefit of any subsequent owner of each of the aforementioned lots. NOW, THEREFORE, the Declarant hereby grants to any subsequent owners of each of the aforementioned lots a common right-of-way over the parcel of land described in Schedule A for ingress to and egress from each of the aforementioned lots to and 'from Platt Road and Halyoake Road and to and from Narrow River Road and an easement for the installation of utilities. This grant is non-exclusive and the Declarant herein reserves the right to grant to others the right to use the right-of-way. The owner of each of the lots 2, 3, 4, 8 and 9 granted the use of the right-of-way herein before~ferred to shall be responsibl~ for one-fifth (1/5) of the cost of the maintenance and upkeep of sai~ right-of-way. IN WITNESS WHEREOF, the Declarant above n~ed has executed'the foregoing Declaration the day and year first above written. ~~ H OWITZ STATE OF NEW YORK) ) COUNTY OF SUFFOLK) .ss: On this/~day of December, 1983, before me personally appeared CHARLES B. HOROWITZ, to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged Ns ~7 = ~ ~mm cxp~ie~ ~,larch 30, to me that he executed the same. Notary Public ~--~ -2-