HomeMy WebLinkAbout1000-35.-1-25
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AMENDBD GRAN'f oy ScaIC USl!lMD"
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BR~OCK ASSOCIATES,
Grantor
ud
'.rR8 'l'OWII OP SOO'l'BOLD,
Grant..
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RICHARD F. LARK
AnoftN.., AT LAw
MAIN ROAD - P. O. BOX 973
CUTCHO~J:. NEW YORI( "eu
l!"e1 7M4II07
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135.00
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CORRECTIVE AMENDED GRANT OF SCENIC EASEMENT
TBIS INDENTURE, made this 13th day of December, 1983,
by and between BRECKNOCl ASSOCIATES, a co-partnership, with
offices c/o GU8 Schad, 690 Deer Park Avenue, Dix Hills, New
York, hereinafter called the Grantor, and THE TOWN OF
SOUTHOLD, a municipal corporation having its principal place
of busines8 at-S309s Main Road, Southold, New York,
hereinafter called the Grantee.
WBEIlBASi"the:re'ui8ts a Grant of Scenic Basement
agreement covering portions of the Grantor's land, dated
July 15, 1971, and recorded in the Suffolk County Clerk's
Office on.December 13,1971 in Liber 7066, page 386, and
WHBBBAS, tbe ['arties desire to modify the aforesaid
Grant of Scenic Basement by cancelling same and placing in
its stead the following Grant of Scenic Easement on other
property of the Grantor, more particularly described in
Schedule A berein, and
WHEREAS, 8aid premi8es constitute an area of natural
scenic beauty and whose existin~ openness, natural con-
dition, or pr..ent stat~ of use, if retained, would enhance
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~lk. the present or potential value of abutting and surrounding
)/0 025.000 properties and would maintain or enhance the conservation of
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natural or Bcenic re.ourseS1 and
WHEREAS, the Grantor wishes to grant a scenic easement
to the Grantee affecting the premises described in Schedule
A1 and
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WHBRJAS, ~he Grantee deems it to be in the public
interest to acquire interest or rights in real property for
the preservation of open space and areas to preserve the
beauty and natural conditions of lands in the Town of
Southold, ~d
WHEREAS, Section 247 of the General Municipal Law of
the State of Hew York provides that municipalities,
~ncluding Towns, may acquire the fee or any lesser interest,
development right, easement, covenant or other contractual
right neCeasary. to achieve the aforementioned purposes to
land within the Town, and
WHBREAS, the Grantee in furtherance of the above policy
and in accordance with Section 247 of the General Municipal
Law, accepts the scenic easement affecting the premises
described in Schedule A.
NOW, THEREPORE, in consideration of ONE ($1.00) DOLLAR
and other good and valuable consideration to the Grantor,
receipt of_which is hereby acknowledged, this agreement wit-
nesseth that:
1. The Grant of Scenic Easement agreement dated JUly
15, 1971 and recorded in the Suffolk County Clerk's Office
on December 13, 1971 in Liber 7066, page 386, is hereby
terminated and cancelled.
2. Tb. Grantor does hereby donate, grant, transfer and
convey unto the Town of Southold, a scenic easement in
gross, ~f the ,nature, character and to the extent
hereinafter set forth, over and upon all those certain
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plots, pieces or parcels of land as set forth and described
in Schedule A annexed hereto and made a part hereof.
3. The nature, character and extent of the easement
hereby granted is as follows:
(a) No buildings or structures shall be erected on
the premises, except fencing, utility structures and out-
buildings which might be required by municipal agencies for
the construction and maintenance of communal utilities,
water or sewage systems, consisting of a treatment plant,
pumping and lift stations and collection system, and other
such appurtenances.
(b) No lumbering operations shall be conducted on
the premises and no trees shall be cut unless dead, diseased
or decayed or for the better landscaping of the area or
improvement of existing growth or as may be reasonably
required in the construction of roads, equestrian trails,
recharge areas or. communal utility, water or sewage systems,
(e) The land shall remsin essentially in its
natural state, except for landscaping and maintenance such
as mowing of grass, the cleaning and removing of debris from
the pond areas.
(d) No topsoil shall be removed from the premises
nor shall sand, gravel or other minerals be excavated
therefrom for purposes of sale or use off the premises, nor
shall sand, gravel or other minerals be stored upon the
premises,
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(e) The Grantee and its authorized agent shall have
the right of inspection of the premises for the purpose of
assuring itself that the Grantor is not in violation of any
of the terms and conditions of this scenic easement, at any
time.
4. The nature, character and extent of limitations on
the within grant of scenic easement are as follows:
(a) The premises shall not be open or available to
the public for general or park use, but shall remain at all
times in the exclusive possession of the Grantor, its suc-
cessors and assigns in interest, and subject to its or their
unqualified right to exclude others therefrom by any and all
lawful means, except as indicated in paragraph )(e),
(b) Roads with necessary recharge basins for road
drainage may be constructed to provide access to and from
. surrounding properties of the Grantor, as well as the
construction of jogging paths and equestrian trails.
(c) The within grant of scenic easement shall in no
way affect the right of the Grantor to use the premises, for
the uses herein permitted, and to do all such things
thereon, not expressly forbidden herein, as a similarly
situated landowner might do,
(d) All right, interests and privileges of the
Grantor in the premises not herein specifically donated,
granted, transferred and conveyed, remain and reside with
the Grantor, its successors and assigns.
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5. The waiver or acquiescence in any variation from
any part of the restrictions and covenants herein by the
grantee shall be effective only for the particular instance
involved and shall not be deemed to limit the continuing
force and effect of the restrictions and covenants.
6. If the whole or any part of the premises shall be
condemned or taken by eminent domain, then this easement
shall forthwith cease without need of any further writing
from the date of title vesting in such proceeding. In such
event the Grantor shall not be required to repay to any real
property taxing authority any taxes reduced or abated as a
result of this scenic easement, nor shall the value of the
premises be limited by this easement, nor shall any part of
any award belong to the Grantee.
7. The grantee hereby undertakes to cooperate to the
. extent legally permissible in having the valuation placed
upon the premises for purposes of real estate taxation taken
into account and limited by the restrictions imposed by this
scenic easement, all in accordance with State of New York
General Municipal Law 5247.
8. This agreement shall be perpetual and shall be a
covenant running with the land and shall be binding upon the
parties hereto, their successors and assigns.
9. This Grant of Scenic Easement is subject to the
adoption of a resolution by the Town Board of the Town of
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Southold, subject to a permissive referendum authorizing the
execution of this amended Grant of Scenic Easement.
This document is recorded in order to correct an error
in the Amended Grant of Scenic Easement recorded in Liber
9506 cp 268, wherein the third course following the
beginnlllg point in Parcel II was incorrectly described as
~outh 290 32' 27- East 250.54 feet instead of South 390 32'
27- East 250.54 feet.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this 13th day of July, 1984.
BRECKNOCK
By
Gus SChad',
/
-STATE OF NEW YORK:
:" ss.:
COUNTY OF SUFFOLK:
On the 13th day of July, 1984, before me personally
came GUS SCHAD, to me known to be the person who executed
the foregoing instrument, and who, being duly sworn by me,
did depose and say that he is a member of the firm of
BRECKNOCK ASSOCIATES, a co-partnership, and that he executed
the foregoing instrument in the firm name of BRECKNOCK
ASSOCIATES and that he had authority to sign the same, and
he acknowledged to me that he executed the same as the act .
and deed of said firm for the uses and purposes therein men-
"ODed. ~
. M
Nary public -
RICHARD F. LARK
NDTARY PUBLIC, ....,. .f flew YotII
No.. 52.74325llO . Suff.lk Co.i~'4Y
Goto.lul.. bpl,u .....k a.. I ·
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I' STATE OF NEW YORK:
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COUNTY OF SUFFOLK:
On the 14th day ofAugurt, 1984, before me came FRANCIS
J. MURPHY, to me known, who, being by me duly sworn, did
depose and say that he resides at (no il Old Main Road,
Mattituck, New Yorkl that he is the Supervisor of the TOWN
OF SOUTHOLD, the municipal corporation described in and
which executed the foregoing instrumentl that he knows the
seal of said municipal corporationl that the seal affixed is
such seall that it was so affixed by order of the Town Board
and that he signed his name thereto by like order.
~J~;d,~~
o otary Public
JUI)l'IM T. TERRY
NoIIrY Public. St8te err New York
No.l2 0344983 Suffolk eountvot-
~,...,,\<<<tl"" ElCIlires March 30. ,~
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SCHEDULE A
ALL those certain plots, pieces and parcels of
land, situate lying and being near Greenport, Town of
Southold, Suffolk County, New York, more particularly
bounded and described as follows:
PARCEL I:
,
BEGINNING at a point located on the southeasterly
portion of the premises being described herein, which
point is the northeasterly corner of land of Schofield
and McIntosh, and is the following two courses and dis-
tances from a monument located on the northerly side of
North Road (State Route 25): (1) North 110 31' 10. West
210.00 feet1 and (2) North 190 16' 00. West 344.00
feet1 running thence from said point of beginning along
land of Schofield and McIntosh, South 650 47' 10. west
213.37 feet to a point; thence through land of
Brecknock Associates the following two courses and
distances: (1) South 650 47' 10. West 330.84 feet; and
(2) South 660 36' 40. West 765.20 feet to land of Jem
Realty Corp.; running thence along said last mentioned
land the following three courses and distances: (1)
North 410 39' 10. West 505.36 feet; (2) North 650 07'
50. East 367.40 feet; (3) North 320 28' 10. West 290.00
feet; running thence through land of Brecknock
Associates the following six courses and distances:
(1) North 570 16' 01. East 652.01 feet1 (2) North 20
50' 30. East 411.75 feet; (3) North 820 04' 52. East
267.15 feet; (4) South 100 34' 40. East 472.04 feet;
(5) North 880 32' 59. East 360.75 feet; (6) South 230
51' 43. East 1,123.11 feet to the northerly side of
North Road (State Route 25)1 running thenc~ along the
northerly side of North Road South 660 01' 20. West
252.76 feet to land of Schofield and McIntosh; running
thence along said last mentioned land the following two
courses an4 distances: (1) ~orth 110 31' ~O. West
210.00 feet; thence (2) North 190 16' 00. West 344.00
feet to the point or place of BEGINNING. Containing
31.8212 acres.
PARCEL II:
BEGINN~NG at a point located at the northwesterly
corner of the premises being described herein, which
point is distant the following seven courses and
distances from the point on the northerly side of
North Road (State Route 25) where the southeasterly
corner of land of Jem Realty Corp. joins the south-
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westerly corner of land of Brecknock Associates: , (1)
North 410 39' 10. West 1,084.54 feet; (2) North 65"
07' 50. East 367.40 feet; (3) North 32" 28' 10. West
982.87 feet; (4) North 32" 57' 20. West 410.00 feet;
(5) North 440 12' 35. East 564.01 feet; (6) North 25"
16' 36. East 398.13 feet; (7) North 580 57' 15. East
471.09 feet; running thence from said point of
beginning along the ordinary high water mark of Long
Island Sound the following two courses and distances:
(1) North 58" 57' 15. East 130.00 feet; thence (2)
North 420 36' 45. East 169.85 feet to land of
Brecknock Associates; running thence through said last
mentioned land the following eight courses and
distances: (1) South 390 32' 27. East 250.54 feet;
(2) South 30 43' 35. West 234.96 feet; (3) South 350
57' 18. East 163.60 feet; (4) South 30 13' 04. West
277.09 feet; (5) South 570 49' 51. West 255.05 feet;
(6) North 310 02' 45. West 300.00 ,feet; (7) North 50
13' 27. East 382.02 feet; thence (8) North 380 52' 02.
West 183.71 feet to the point or place of BEGINNING.
Containing 6.1046 acres.
10247 ? 250 ·
1000
Dist.
035.00
Sec.
01.00
Blk.
025.000
Lot
DECLARATION OF
COVENANTS AND RESTRICTIONS
DECLARATION made this 26th day of November, 1986, by GREENPOR
DEVELOPMENT CORP., with principal offices located at 53 Glen Cove
Road, Greenvale, New York, hereinafter called the "Owner";
WHEREAS, the Owner has title to certain land situate, lying
and being at Greenport, in the Town of Southold, County of Suffolk
and State of New York, by virtue of a deed dated July 16, 1984 and
which was recorded in the Suffolk County Clerk's Office on July
20, 1984 in Liber 9604 Page 529, and is more fully described in
attached Schedule A.
WHEREAS, portions of said land were the subject of a site
plan application submitted to the Southold Town Planning Board
known as 'The Breakers at Lands End" for site plan approval; and
WHEREAS, on September 15, 1986, the Southold Town Planning
Board approved the application for site plan.
NOW, THEREFORE, the above-described premises shall be subject
to the following covenants and restrictions:
1. All the roads within the site plan known as "The Breakers
at Lands End" will remain private, and will neither be offered for
dedication to the Town of Southold nor will be under the
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jurisdiction of the Southold Town Highway Department.
2. Declarant does hereby further warrant, covenant and
represent the foregoing restrictions and agreement shall bind the
undersigned, its heirs, successors and assigns, and any and all
10247
person or persons who shall succeed to the ownership of said
)remises or any part thereof by transfer or otherwise.
IN WITNESS WHEREOF, the Declarant has caused his hand and
affixed the day first above wri~ ?i~kp~~
GRE~ DEVE
~ruce Wolowit z ~residen~
NEW YORK: t '~
: SS.
OF SUFFOLK:
STATE OF NEW YORK
CountyofSuffolk
' -=--~ m~ ~ersonally came
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 being Court of Record)
HEREBY CERTIFY thai I have COmpared the ann a
and that it is a just and true copy of such .... , (~,..,...~_,..~,,.~,~/~ 2~ ~, p ;o ~ 5_r3
of the who~e thereof. '~ and
original
IN TESTIMONY WHEREOF ~ have hereunto set my hand and affixed the s
County and Court th s // day of ~ ealofsaid
Form No. 104 ' ' . ......
~7 Clerk.
10247
SCHEDULE A
cid. ALL that certain plot, piece or parcel of land, with
buildings and improvements thereon erected, situate, lying and
being at Greenport, Town of Southold, County of Suffolk, State of
New York, bounded and described as follows~
BEGINNING at a granite monument set on the northerly side of
the North Road at the southwesterly corner of the land now or
formerly of H. Dwight Ripley, being the southeasterly corner of
the premises herein described; running thence along said
northerly side of North Road, South 66" 01' 20" West 634.76 feet
to land now or formerly of Schofield and McIntosh; thence along
said land now or formerly of Schofield and McIntosh, four courses
and distances:, (1) North 11' 31' 10" West 210.00 feet; thence
(2) North 19' 16' 00" West 344.00 feet; thence (3) South 65' 47'
10" West 213.37 feet; thence (4) South 19' 16' 00" East 550.14
feet to said northerly side of North Road; thence along said
northerly side of North Road two courses and distances: (1)
South 65° 23' 50" West 285.49 feet; thence (2) South 66° 36' 40"
West 589.52 feet to land now or formerly of Time Structures Inc.;
thence along said land now or formerly of Time Structures, Inc.
four courses and distances: (1) North 41' 39''10" West 1084.54
feet; thence (2) North 65" 07' 50" East 376.40 feet; thence (3)
North 32" 28' 10# West 982.87 feet; thence (4) North 32" 57' 20"
West 410.00 feet to the ordinary high water mark of Long Islan~
Sound; thence along the ordinary high water mark of Long Islan~i
Sound seven courses and distances as follows= (1)'North 44" 12' ' ~
40" East 564 feet; (2) North 25" 16' 40' East 398.12 feet; thence
(3) North 58" 57' 20" East 601.09 feet; thence (4) North 42' 36'
50" East 169.85 feet; thence (5) North 57" 59' 40"East 188.68
feet; thence (6) North 41" 51' 20" East 322.22 feet; thence (7)
North 31' 15' 10" East 483.72 feet to land now or formerly of
F.F. King, Jr.; running thence along said land now or formerly of
F.F. King, Jr., the following 14 courses and distancesl (1)
South 30" 10' 40" East 910 feet; thence (2) South 31" 03' 40"
East 300.01 feet; thence (3) South 28" 19' 30" East 89.61 feet;
thence (4) South 13" 46' 30# East 33.68 feet; thence (5) South
27' 56' 50" West 65.47 feet; thence (6) South 0" 19' 40" East
179.94 feet; thence (7) South 1" 34' 00" East 300.20 feet; thence
(8).South 3" 40' 00" East 100 feet; thence (9) South 0" 04' 20"
West 172.71 feet; thence (10) South 5" 18' 40"
thence (11) South 0" 39' 30" East 100.15 feet;
1' 45' 00' East 434.17 feet; thence (13) South
40.19 feet; thence (14) South 76' 49' 10" West
thence along said land now or formerly of King
formerly of Ripley, South 24' 34'
point or place of BEGINNING.
East 100.93 feet;
thence (12) South
7" 02' 00" East
155.11 feet;
and land now or
30" East 805.00 feet to the
District 1000, Section 035.00, Block 01.00, Lot 025.000
DECLARATION OF
COVENANTS AND RESTRICTIONS
~CORD & RETURn] TO:
RICHARD F. LARK
ATTORNEY AT I. AW
MAIN ROAD -- P. O, BOX
BREAKERS AT LANDS END:
August 10, 1987
WH_REAS this Board adopted a. resQlution on the 6th day of July 1987
relating to the final site plan of "Breakers at Lands End" and
WHEREAS the owner of the premises in conformity with the aformentioned
resolution is desirous of entering into an agreement with the Board
confirming the provision c~ the resolution and to signify the
owners acceptance of the terms of the resolution, now, THEREFORE
IT IS HEREBY RESOLVED that the Chairman of the Planning Board is
hereby authorized to sign the final site plan of "Breakers at Lands
End" and to execute the agreement between Greenport Development Corp.
and this Board relating to the July 6 resolution of this Board, and
be it further RESOLVED that a signed copy of this agreement be filed
with the minutes of this Board as well as being filed in the "Breakers
at Lands End" Planning Board file.
THIS AGREEMENT made the /O~ day of August, 1987, between
GREENPORT DEVELOPMENT CO., a New York partnership, having its
principal office at 53 Glen Cove Road, Greenvale, New York 11548
(hereinafter referred to as "OWNER"), and the PLANNING BOARD
OF THE TOWN OF SOUTHOLD, with office at 53095 Main Road,
outhold, New York 11971 (hereinafter referred to the
as
"PLANNING BOARD") .
WHEREAS, the OWNER, is a partnership consisting of Bruce
iWolowitz and Goldie Wolowitz, as successors in interest to
:GREENPORT DEVELOPMENT CORP., and as such have title to a certain
parcel of land lying and being at Greenport, in the Town of
iSouthold, County of Suffolk and State of New York, by virtue of a
eed dated December 31, 1986 and which is recorded in the Suffolk
ICounty Clerk's Office on January 28, 1987 in Liber 10231, page
438, and is more fully described on the attached Schedule A; and
WHEREAS, the PLANNING BOARD at a regular meeting on Septem-
ber
15, 1986, approved the site plan for "The Breakers at Lands
End" located at New York State Route 25, Greenport, New York, for
:onstruction of 350 condominium units and amenities as indicated
~n the site plan dated December 2, 1985 (Sheets 1-25) by Steven
!Hyman, Consulting Engineer, subject to the following conditions:
Condition #1 Covenants and restrictions filed with the of-
fice of the County Clerk that the roads within this develop-
ment will remain private and will not be offered for dedica-
tion and will not be under the jurisdiction of the Southold
Town Highway Department.
Condition #2 Posting and acceptance by the Town Board of a
performance bond in the approved amount of $100,000.00 for
bluff plantings for the Long Island Sound bluff stabilization
and erosion control on the site.
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Condition #3 Receipt of an insurance policy naming the Town
as an additional insured with regard to the unfenced ponds.
Condition #4 A one-year review by the Planning Board and
inspection prior to the issuance of a certificate of occu-
pancy.
~nd
WHEREAS, the OWNER has complied with:
Condition 91, by recording a Declaration of Covenants
and Restrictions in the Suffolk County Clerk's Office on
February 11, 1987 in Liber 10247, page 250, and delivering a
certified copy to the PLANNING BOARD on February 11, 1987.
Condition ~2, by delivering to the PLANNING BOARD on
February 11, 1987, Performance Bond No. NR17688 issued by The
North River Insurance Company in the amount of $100,000.00,
which was accepted by the PLANNING BOARD at a regular meeting
on March 30, 1987, and referred to the Southold Town Board,
which Performance Bond was accepted by the Southold Town
Board by Resolution at a regular meeting on April 7, 1987.
Condition #3, by delivering to the PLANNING BOARD on
February 11, 1987, a Certificate of Insurance issued Febru-
ary 4, 1987, by General Accident Insurance Company naming
the Town of Southold as additional insured as respects pro-
ject at Route ~25, Greenport, Southold, New York (unfenced
ponds).
~nd
WHEREAS, the parties desire to facilitate the administration
)f Condition ~4 in that the development of the site plan for the
350 condominium units and amenities will take longer than one
year to complete.
NOW, THEREFORE, the parties hereto agree as follows:
1. The OWNER agrees, and in all respects consents to cooper-
ate with the scheduling and completion of on-site inspections and
engineering reviews of the work as it progresses on the site plan
and condominium project.
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2. The OWNER agrees to reimburse the PLANNING BOARD for the
expenses it incurs in obtaining the on-site inspections and engi-
neering reviews by Engineers or Consultants employed by the PLAN-
NING BOARD for this purpose, up to but not to exceed a cost of
TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS, of which FIVE THOU-
SAND ($5,000.00) DOLLARS was previously paid to the PLANNING
BOARD on August 5, 1986, the receipt of which is acknowledged.
The OWNER agrees to make such payments to the PLANNING BOARD
within thirty (30) days after receipt of a copy of a voucher
authorizing payment by the PLANNING BOARD.
3. This agreement shall be binding upon the undersigned, its
successors
and assigns.
t~Bruce Wolow~tz
PLANNING BOARD, TOW~NyOZLD
B Y~~ '/~'~'owsk i, jr.;~
Chairman /
STATE OF NEW YORK:
:
COUNTY OF SUFFOLK:
ss.:
On the 10th day of August , 1987, before me personally came
BRUCE WOLOWITZ, to me known to be the person who executed the
foregoing instrument, and who, being duly sworn by me, did depose
and say that he is a member of the firm of G~ENPORT DEVELOPMENT
CO., a co-partnership, and that he executed the foregoing
instrument in the firm name of G~ENPORT DEVELOPMENT CO., and he
had authority to sign the same, and he acknowledged to me that
he executed the same as the act and deed of said firm for the
uses and purposes therein mentioned.~ ~~ .'
Not,~y Public,
~/ MARY MU
NOTARY PUBIC, ~ATE OF NEW YORK
NO. I~C~ - ~F~ COUNTY
STATE OF NEW YORK:
: SS.:
COUNTY OF SUFFOLK:
BENNEO~Ttho~/ows~KI ,dajYR.°~ ~~wnl9, 87w~o,be~negm~yp~s~lsYw~;~e,
did depose and say that he resides at Stillwater Avenue,
Cutchogue, New York; that he is the Chairman of the PLANNING
BOARD OF THE TOWN OF SOUTHOLD, which is described in and which
executed the foregoing instrument; that he knows the seal of said
PLANNING BOARD; that the seal so affixed to said instrument is
such seal; that it was so affixed by order of the PLANNING BOARD,
by like d r.
and that he signed his name thereto ~_~_~
~otary Pub3~
NOiaR', PUBLIC, State o/ ./~v Yor~
~, 7'~'32500~, Suffolk COU,-,'.;
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SCIIEDULK A'
ALL that certain plot, piece or parcel of land, with
buildings and improvements thereon erected, situate, lying and
being at Greenport, Town of Southold, County of Suffolk, State of
New York, bounded and described as follows~
BEGINNING at a granite monument set on the northerly side of
the North Road at the southwesterly corner of the land now or
formerly of H. Dwight Ripley, being the southeasterly corner of
the premises herein described; running thence along said
northerly side of North Road, South 66" 01' 20" West 634.76 feet
to land now or formerly of Schofield and McIntosh; thence along
said land now or formerly of Schofield and McIntosh, four courses
and distances:~ (1) North 11" 31' 10" West 210.00 feet; thence
(2) North 19" 16' 00" West 344.00 feet; thence (3) South 65" 47'
10" West 213.37 feet; thence (4) South 19" 16' 00' East 550.14
feet to said northerly side of North Road; thence along said
northerly,side of North Road two courses and distances: (1)
South 65" 23' 50" West 285.49 feet; thence (2) South 66" 36'
West 589.52 feet to land now or formerly of Time Structures Inc.;
%hence along said land now or formerly of Time Structures, Inc.
four courses and distances: (1) North 41" 39''10" West 1084.54
feet; thence (2) North 65" 07' 50" East 376.40 feet; thence (3)
North 32" 28' 10" West 982.87 feet; thence (4) North 32" 57'
West 410.00 feet to the ordinary high water mark of Long Island
Sound; thence along the ordinary high water mark of Long Island
Sound seven courses and distances as follows= (1)'North 44" 12'
40" East 564 feet; (2) North 25" 16' 40' East 398.12 feet; thence
(3) North 58" 57' 20" East 601.09 feet; thence (4) North 42" 36'
50" East 169.85 feet; thence (5) North 57" 59' 40"East 188.68
feet; thence (6) North 41" 51' 20" East 322.22 feet; thence (7)
North 31" 15' 10" East 483.72 feet to land now or formerly of
F.F. King, Jr.; running thence along said land now or formerly of
F.F. King, Jr., the following 14 courses and distances: (1)
South 30" 10' 40" East 910 feet; thence (2) South 31" 03' 40'
East 300.01 feet; thence (3) South 28" 19' 30" East 89.61 feet;
thence (4) South 13" 46' 30" East 33.68 feet; thence (5) South
27" 56' 50" West 65.47 feet; thence (6) South 0" 19' 40" East
179.94 feet; thence (7) South 1" 34' 00" East 300.20 feet; thence
South 0" 04' 20"
East 100.93 feet;
thence (12) South
7" 02' 00" East
155.11 feet;
formerly of King and land now or
34' 30" East 805.00 feet to the
(8) South 3° 40' 00" East 100 feet; thence (9)
West 172.71 feet; thence (10) South 5" 18' 40"
thence (!1) South 0° 39' 30s East 100.15 feet;
1" 45' 00" East 434.17 feet; thence (13) South
40.19 feet; thence (14) South 76° 49' 10" West
tbence along said land now or
formerly of Ripley, South 24"
point or place of BEGINNING.
District 1000, Section 035.00, Block 01.00, Lot 025.000
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AMENDED
DECLARATION OF COVENANTS AND RESTRICTIONS
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DECLARATION made this 13th day of December, 1983, by
BRECKNOCK ASSOCIATES, a co-partnership, with offices c/o Gus
Schad, 690 Deer Park Avenue, Dix Hills, New York, hereinafter
called the Declarant.
WHEREAS, the Declarant along with Leo Wolowitz, has made
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application to the Town Board of the Town of Southold, Suffolk
County, New York, for a change of zone for certain portions of
the property from "A" Residential and Agricultural District to
"M" Light Multiple Residence District, to adjoin other "M" Light
Multiple Residence property ot the Declarant, all of which is
more particularly described as follows:
ALL that certain plot, piece or parcel of land,
with buildings and improvements thereon erected,
situate, lying and being near Greenport, Town of
Southold, Suffolk County, New York, bounded and
described as follows:
BEGINNING at a point located on the southeasterly
portion of the premises being. described herein, which
point is the northeasterly corner of land of Schofield
and McIntosh, and is the following two courses and 4is-
tances from a monument located on the northerly side of
North Road (State RQute 25): (1) North 110 31' 10" West
210.00 feet; and (2) North 190 16' 00" West 344.00
feet; running thence from said point of beginning along
land of Schofield and McIntosh,. South 650 47' 10" West
213.37 feet to a point; thence through land of
Brecknock Associates the following two courses and
distances: (1) South 650 47' 10" West 330.84 feet; and
(2) South 660 36' 40" West 765.20 feet to land of Jem
Realty Corp.; running thence along said last mentioned
land the following four courses and distances: (1)
North 410 39' 10" West 505.36 feet; (2) North 650 07'
50" East 367.40 feet; (3) North 320 28' 10" West 982.87
feet; (4) North 320 57' 20" West 410.00 feet to the
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ordinary high water mark of Long Island ~oundl thence
along the ordinary high water mark of Long Island Sound
seven courses and distances as follows: (1) North 440
12' 35" East 564.01 feetl (2) North 250 16' 36" East
398.13 feetl (3) North 580 57' 15" East 601.09 feetl
(4) North 420 36' 45" East 169.85 feetl (5) North 570
59' 35" East 188.68 feetl (6) North 410 51' IS" East
322.22 feetl thence (7) North 310 IS' 06" East 483.73
feet to land of F. Kinql running thence along said last
mentioned land the following 14 courses and distances:
(1) South 300 10' 40. East 910 feetl (2) South 310 03'
40. East 300.01 feetl (3) South 280 19' 30" East 89.61
feetl (4) South 130 46' 30" East 33.68 feetl (5) South
270 56' 50" West 65.47 feetl (6) South 00 19' 40. East
179.94 feetl (7) South 10 34' 00" East 300.20 feetl (8)
South 30 40' 00" East 100 feetl (9) South 00 04' 20"
West 172.71 feetl (10) South 50 18' 40" East 100.93
feetl (11) South 00 39' 30" East 100.15 feetl (12)
South P 45' 00" East 434.17 feetl (13) South 70 02'
00" East 40.19 feetl thence (14) South 760 49' 10. West
155.10 feetl thence along land of F. King and land of
Abadiotakis, South 240 34' 30" East 805.00 feet to the
northerly side of North Road (State Route 25)1 running
thence along the northerly side of North Road South 660
01' 20" West 634.76 feet to land of Schofield and
McIntosh I running thence along said last mentioned land
the following two courses and distances: (1) North 110
31' 10" West 210.00 feetl thence (2) North 190 16' 00"
West 344.00 feet to the point or place of BEGINNING.
Containing 132.08 acres.
WHEREAS, there has heretofore been placed on portions of the
above described property a certain Declaration of protective
Covenants and Restrictions dated July 15, 1971, which was re-
corded in the Suffolk County Clerk's Office on December 13,
I 1971, in Liber 7066 cp 3821 and
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II WHEREAS, the Declarant in the place of the aforesaid Cove-
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Ii nants and Restrictions desires to impose certain other restric-
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II tions on the use of aforesaid premises as follows:
Ii NOW THEREFORE, it is declared that said premises shall be
subject to the following restrictions which shall run with the
land:
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\i~EF.9508I'AI!E~
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1. The total new dwelling units to be erected on the above-
described premises shall not exceed three hundred fifty (350).
Not included therein are any existing structures, clubhouses, or
other accessory, storage or maintenance buildings.
2. Along portions of the easterly boundary of the above-
described premises where living units are located, there shall be
a 50 foot in width buffer zone in which no buildings or struc-
I tures will be erected.
I 3. The Declaration of Protective Covenants and Restrictions
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II dated July 15, 1971, and recorded in the Suffolk County Clerk's
II Office on December 13, 1971, in Liber 7066 cp 382 is hereby ter-
II
:' minated and cancelled.
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4. Enforcement of these restrictions shall be through pro-
ceeding at law or in equity.
5. These restrictions shall run with the land and may be
altered, modified, terminated or annulled by the Declarant, its
successors and assigns, only with the approval of the Southo1d
Town Planning Board, its successors ,and assigns.
IN WITNESS WHEREOF, the Declarant has duly executed this
Declaration on the day and year first above written.
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:, STATE OF NEW YORK:
COUNTY OF SUFFOLK:
BRECKNOCK ASSOCIATES
By: ~ X.-7'- ()
Gus Safiad~ p~rtter
On this 13th day of December, 1983, before me personally
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came GUS SCHAD, to me known to be the person who executed the
foregoing instrument, and who, being duly sworn by me, did depose
and say that he is a member of the firm of BRECKNOCK ASSOCIATES,
a co-partnership, and that he executed the foregoing instrument
in the firm name of BRECKNOCK ASSOCIATES, and that he had
authority to sign the same, and he acknowledged to me that he .
executed the same as the act and deed of said fir.m fo~r the uses
and purposes therein mentioned. ~ ~ '
. Notary ub ic
RICH...RD F. LARK
HOT "'RY PUBLIC. Stata 01 Now YOIII
Ho. 52-7432500 . Suffolk County fU
Co..llllon bpi,.. M...~ aG, 18_ (
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DBCLAftA'lI01I 01'
COVBRANTS AND RBSDIC'l'IORS
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B~OCIt ASSOCIA'fES
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RICHARD F. ~RK
ATTORNEY AT LAw
MAIN ROAD - P. O. BOX 973
C::UTCHOGUK. Naw YORK Ileas
(SItS) 7340880'7
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