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HomeMy WebLinkAbout1000-113.-14-1DECLARATION OF COVENANTS AND RESTRICTIONS WITNESSETH: That RIVERSIDE HOMES, INC., a domestic corporation having its principal place of business at 1159 West Main Street, Riverhead, New York 11901, being the record owner of all the real property hereinafter described and the subject to this declaration, does hereby declare for itself, its successors and assigns, in consideration of the premises, and hereby makes known, publishes and declares, covenants and agrees that the prem- ises hereinbelow described shall hereafter be subject to the cove. nants and restrictions hereinbelow enumerated which shall be con- sidered to be real covenants running with the land and binding upon all purchasers, owners, mortgagees, lienors and such other persons acquiring an interest therein or of any portion of said premises, and their respective heirs, executors, administrators, successors and assigns, which covenants shall be and remain in full force and effect from the date of the recording of the withk instrument in perpetuity. Real Property Affected ALL that certain plot, piece or parcel of land, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly side of Cox Neck Road dist- ant Northerly as measured along the Easterly line of Cox Neck Road 150 feet from a curve in said road connecting the Easterly side of Cox Neck Road with the Northerly side of Middle Road; from said point of beginning running North 86 degrees 36 minutes 20 seconds East 261.49 feet to land of Adamson; RUNNING THENCE Northerly along said land of Adamson the following two courses and distances: North 23 degrees 56 minutes 10 seconds West, 149.87 feet; North 21 degrees 25 minutes 10 seconds West, 463.30 feet; RUNNING THENCE Easterly along said land of Adamson North 71 de- -2- grees 10 minutes 40 seconds West, 363.36 feet to land of George; RUNNING THENCE North 18 degrees 49 minutes 20 seconds West, along said land of George 50 feet to land of Fowler and others; RUNNING THENCE along said land of Fowler and others two courses and distances as follows: 1. South 71 degrees 10 minutes 40 seconds West, 100 feet; thence North 18 degrees 50 minutes 30 seconds West, 699.43 feet to land of the party of the first part; RUNNING THENCE along said land of the party of the first part, two courses and distances as follows: South 75 degrees 07 minutes West, 100.00 feet; thence North 18 degrees 50 minutes 30 seconds West, 200.00 feet to the Southerly side of Westphalia Road; THENCE running along the Southerly side of Westphalia Road, South 75 degrees 07 minutes 00 seconds West, 400.23 feet to the Easter- ly side of Cox Neck Road; RUNNING THENCE along the Easterly side of Cox Neck Road, two courses and distances as follows: 1. South 14 degrees 27 minutes 30 seconds East, 535.28 feet; thence South 22 degrees 13 minutes 30 seconds East, 994.36 feet to the point or palce of BEGINNING. COVENANTS AND RESTRICTIONS 1. Riverside Homes, Inc., shall, at its own cost and expense, establish a Not-For-Profit corporation for the benefit of owners of Lots 1 through 12. 2. For the purpose of improving and maintaining the area as shown on the above mentioned map, and all community ser- vices of every kind and nature required or desired within the subdivision for the general use and benefit of all lot owners, each and every lot owner, in accepting a deed or contract for any lot in the subdivision, agrees to and shall automatically become and be a member of and be subject to the obligations and duly en- acted By-Laws and rules of a not-for-profit corporation to be -3- formed and known as "Heritage Harbor Property Owners Association, Inc." or other similar name acceptable to the Secretary of State of the State of New York and a Justice of the Supreme Court of the State of New York, including but not limited to the obliga- tion to pay annual maintenance charges not to exceed $100.00 per annum for the maintenance of the reserved area as shown on the aforementioned map, but such charges shall commence only after said reserved area has been conveyed to said corporation, and the Company agrees to convey its interest in the reserved area as shown on said map to the said corporation when six (6) lots are sold and conveyed or on July 1, 1979, whichever event shall firs~ occur, subject to covenants, restrictions and easements, and in the meantime the Company grants to each and every owner of a lot on said map a non-exclusive easement over the reserved area as shown on said map, which easements, however, will cease, termin- ate and expire upon the conveyance by the Company to the not-for- profit corporation above mentioned of the reserved area as shown on said map, it being understood that such easements are subject to mortgages, covenants, restrictions and prior easements of re- cord. 3. Said lot shall bear one-twelfth of the expenses of the Homeowner's Association activities, after its formation by Riverside Homes, Inc. These expenses shall include maintenance charges and any and all real property taxes levied after the date hereof on the open space easement. 4. Title to the open space easement shall be conveyed to the Homeowner's Association promptly after the creation of said association. 5. East said lot owner shall have an equal vote in the affairs of the Homeowner's Association and shall have an equal right to the use and enjoyment of the Commons Area. -4- 6. Once the Homeowner's Association has been formally established, all responsibility for the operation and the main~ ance of the Commons Area and facilities thereon shall lie with the Homeonwer's Association. 7. Conveyances from Riverside Ho~es, Inc., to owners of lots shall include a grant of an easement of enjoyment over the premises described as open space easement, such easement to continue until such time as said Homeowner's Association is created. 8. The Homeowner's Association shall have the right to borrow money for improvements to the open space easement and may encumber the open space easement as security for said improve- ments to said Commons Area. 9. The Homeowner's Association shall have the right to suspend membership rights of any said lot owner for non-payment of assessments, or for the infraction of any published rules of said Association. 10. No structures may be erected on said Commons Area except with the permission of the Planning Board of the Town of Southold. 11. Each deed of conveyance to a building lot shall in- clude by reference these covenants and restrictions. 12. The Homeowner's Association shall be perpetual, shall have the right to purchase insurance, shall pay taxes and shall provide in its Charter and/or By-Laws for an annual home- owner's fee and shall further provide that all such fees and as- sessments shall become liens until paid upon said lots. The owner's Association shall have the right to proceed with nece legal action to foreclose and/or enforce said liens and it shall further have the right to commence action against any lot owner for the collection of any unpaid assessment in any court of com- -5- petent jurisdiction. 13. The By-Laws of the Homeowner's Association shall be approved by the Town Board of the Town of Southold before adop- tion by the Homeowner's Association. 14. Riverside Homes, Inc. shall assume responsibility for all taxes and improvements to the open space easement until such time as six (6) lots have been conveyed to persons other than the principals constituting the co-partnership known as Riverside Homes, Inc. 15. The open space easement created in the parcel shall be used exclusively by the members of the Homeowner's Association. Said members shall have the right to beautify said area by the ad- dition of trees, shrubs and all other means of landscaping to sai~ area. 16. 17. Said area shall not be built up with any structur~ Anything herein contained to the contrary notwith- standing, the provisions shall continue in perpetuity for the benefit of the owners of lots. 18. No structure shall be erected on a plot smaller than one subdivision lot as shown on said subdivision map of Her- itage Harbor. 19. No residence shall be permitted to be erected with- out the prior approval by Riverside Homes, Inc., of the plot plan showing the proposed location of the residence upon the building plot. No dwelling may be erected having a front yard set back of than 60 feet or a minimum side yard set back of less than 20 less feet. 20. There shall be erected no garages or outbuildings detached from the main residence without the prior written approv- al of Riverside Homes, Inc. 21. No fence, wall, hedge, partition or other barrier -6- more than 3 feet in height of any kind shall be erected or main- tained on any portion of any lot without the prior written al of Riverside Homes, Inc. In no event, however, shall any fence other than a split-rail fense be erected forward of the 60-foot building set back line hereinabove provided. 22. The grounds of each residence must at all times be kept reasonably well maintained. 23. The exterior of all residences must be 100% com- pleted within eight months of the date of the issuance of a build- ing permit by the Town of Southold. 24. Debris must be removed from the premises prior to occupancy of the residence. 25. No trailer, basement, tent, garage or other temp- orary structure erected or placed upon any lot shall at any time be used as a residence, temporarily or permanently. 26. No signs other than the owner's name or profession- al occupation shall be erected on any lot. Such signs shall not exceed six inches in height or twenty-four inches in width. 27. 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 said premises. No coop, cage or other structure for housing animals shall be erected on any lot without prior written approval of Riverside Homes, Inc. 28. No portion of the subject premises shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All such material shall be stored in a hidden, san- itary container and shall be removed regularly from the premises. 29. No clothes poles, clothes lines, playground equip- ment or vegetable gardens shall be placed, erected or maintained on any portion of any lot except in such a position that it shall -7- not be readily visible from the street. 30. No residence shall be boarded up nor shall any windows or entrances be sealed for any extended period of time. 31. No owner of a residence shall rent a portion or portions of the premises to boarders or transients. 32. No trucks, cars, boats, mobile homes, campers or trailers shall be stored on the subject premises with the excep- tion that no more than two regularly used automobiles may be park- ed 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 residence. 33. Since there has been a history of increasing ni- trates in water samples taken from the North Fork of Long Island, Riverside Homes, Inc., has agreed with the Suffolk County Depart- ment of Health that a test well must be installed on each building lot designated herein prior to the start of any construction there$ on. A water sample from the well on a lot must meet the then ap- plicable Suffolk County Department of Health drinking water stand- ards before consideration will be given by the Suffolk County De- partment of Health of approval of the site for the construction of a house. A note to this effect is included on the map of Heritage Harbor filed in the Office of the Clerk of the County of Suffolk. 34. Invalidation of any one of these Covenants, in whole or in part, by judgment or court order, or otherwise, shall in no way affect any of the other provisions which will remain ir full force and effect. IN WITNESS WHEREOF, the declarant herein has hereunto set its hand and seal this 23rd day of January, 1978. MA~TH~ ~NDOLOSKI, President