HomeMy WebLinkAbout1000-75.-6-3 • • CC # : C08-26406
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COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
DECLARATION
recorded in my office on 11103/2008 under Liber D00012570 and Page 644 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 11/03/2008
SUFFOLEC COUNTnY CLERK
~u. ~rsL Q.
JUDITH A. PASCALE
SEAL
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Number of a es y,tiiu No,. ,-.z ~_:y ~
CLLkIi !;F
This document will be public ;~iFFr;~t:; r_.;,ut,i~r
record. Please remove all ! DOi;t:; __„-G
Social Security Numbers F
prior to recording.
Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps
3 FEES
Page /Filing Fee ~ Mortgage Amt.
1. Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assn.
'~,l or
EA-52 17 (County) Sub Total ~ Spec. /Add.
EA-5217 (State) TOT. MTG. TAX
g~n,_ Dual Town Dual County
R.P.T,S.A. _ _~"L~, Held for Appointment
Comm. of Ed. 5. 00 ~ ~ Transfer Tax
Affidavit • • Mansion Tax
The property covered by this mortgage is
Certified Copy ~
r~ • or will be improved by a one or two
NYS Surcharge 15. 00 ~ family dwelling only.
Sub Total YES or NO
Other
Grand Total ~ • If N0, see appropriate tax clause on
page # of this instrument.
1000 07500 0600 003000 5 Community Preservation Fund
4 Dist. 1
PTS
Real Property R CWFi q Consideration Amount $
Tax Service 03-NOV-0
Agency CPF Tax Due S
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: Vacant Land
PATRICIA C. MOORE ESQ. TD
51020 MAIN ROAD TD
SOUTHOLD NY 11971
TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. Name
www.suffolkcountyny.gov/clerk Title#
8 Suffolk Coun Recordin & Endorsement Pa e
This page forms part of the attached DECLARATION AND COVENANT SOUTHOLD TOWN made
by: (SPECIFY TYPEOFINSTRUMEN~ 'Pt1~11,1~rdb (+R/J
JOHN G. SCOTT, III The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In theTOWN of SOUTHOLD
TOWN OF SOUTHOLD In the VILLAGE
or HAMLET of PECONIC
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
,
•
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MOR TGAGE, please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *vou will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property tax
statements.
Local property taxes are payable twice a year: on or before January 10th and on or before May 31,,.
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901
(631)957-3004 (631)727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
One Independence Hill Shelter Island Town Hall
Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964
(631)451-9009 (631)749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
300 Pantigo Place 99 West Main Street
East Hampton, N.Y. 11937 Smithtown, N.Y. 11787
(631)324-2770 (631)360-7610
Huntington Town Receiver ofTaxes Southampton Town Receiver of Taxes
100 Main Street 116 Hampton Road
Huntington, N.Y. 11743 Southampton, N.Y. 11968
(631)351-3217 (631)283-6514
Islip Town Receiver of Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Street
Islip, N.Y. 11751 Southold, N.Y. 11971
(631)224-5580 (631)765-1803
Sincerely,
~ ~
Judith A. Pascale
Suffolk County Clerk
dw
2/99
13-01 W..ONC6kd
I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
111111 VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 11/03/2008
Number of Pages: 10 At: 02:26:01 PM
Receipt Number 08-0105840
LIBER: D00012570
PAGE: 644
District: Section: Block: Lot:
1000 075.00 06.00 003.000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $50.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $0.00 NO Notation $0.00 NO
Cert.Copies $12.50 NO RPT $30.00 NO
Fees Paid $132.50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
DECLARATION AND COVENANT
' SOUTHOLD TOWN PLANNING BOARD
r_
THIS DECLARATION made th~ day o€,~A, 2008 by John G. Scott,
III, residing at 1275 Lands End Road, OriZnt NY 11957, hereinafter
referred to as the Declarant, states as follows:
WHEREAS, Declarant is the owner of certain real property
situate at Peconic, in the Town of Southold, Suffolk County, New
York, more particularly bounded and described as set forth in
Schedule "A" annexed hereto as provided by the Declarant; and
WHEREAS, for and in consideration of the granting of
subdivision application entitled, "Standard Subdivision of John
Scott" prepared by Young and Young, Licensed Land Surveyors, and as
a condition of granting said approval, the Town of Southold
Planning Board has required that the within Declaration be recorded
in the Suffolk County Clerk's Office; and
WHEREAS, Declarant has considered the foregoing and determined
that same will be in the best interest of the Declarant and
subsequent owners of said parcel;
NOW, THEREFORE, THIS DECLARANT WITNESSETH:
That Declarant, for the purpose of carrying out the intentions
above expressed does hereby make known, admit, publish, covenant
and agree that the said premises herein described shall hereafter
be subject to the following covenants which shall run with the land
and shall be binding upon all purchasers and holders of said
premises, their heirs, executors, legal representatives,
distributees, successors and assigns, to wit:
(1)Pursuant to Chapter 236 Stormwater, Grading and Drainage
Control Law of the Southold Town Code all storm water runoff
resulting from the development of any or all of the lots on the
subdivision map shall be retained on site and shall be the
responsibility of each property owner;
(2) Prior to any construction activity on any of the lots on
the approved subdivision map, the project will require a General
Permit for the storm water runoff from construction activity (GP-
02-O1) administered by the New York State Department of
Environmental Conservation under a Phase II State Pollution
Discharge Elimination System;
(3) No Storm water runoff resulting from the development and
improvement of the lots shown on the approved map shall be
discharged into the wetlands or Richmond Creek in any manner;
(4) Prior to issuance of a Certificate of Occupancy Declarant
shall install gutters, leaders and subsurface dry wells to retain
surface runoff;
(5) Declarant shall use native plants and disease-resistant
and drought tolerant plants and landscaping.
(6) Declarant shall not apply and use synthetic pesticides and
fertilizers capable of entering surface and potable water supply.
(7) Declarant shall use pervious driveways to serve each lot.
(8) The Declarant covenants that a 50 foot Non
Disturbance/non-fertilization Vegetation buffer area is depicted on
Lots 1, 2 and 3. It is hereby understood that the 50 foot Non
Disturbance/non-fertilization Vegetation buffer area is intended to
preserve the existing trees and natural growth. Vegetation within
this area shall remain in its natural state in perpetuity.
Permitted activities within the buffer are limited to the removal
of dead, diseased trees that are hazardous to life or property.
Notwithstanding the above, the Non Disturbance/non-fertilization
Vegetation buffer area may be supplemented with additional native
vegetation subject to review and approval of the Southold Town
Planning Board and Southold Town Trustees pursuant to Town Code
275-3.
(9) There shall be no disturbance of any kind (i.e. mowing,
clearing, grading) within the 50 foot Non Disturbance/non-
fertilization Vegetation buffer area, except as provided herein.
This includes, but is not limited to, the prohibition of structures
or clearing of any kind, except to establish a 4 foot wide
unimproved, natural access path located within the 10 foot
pedestrian access easement on Lot 3. Pursuant to Chapter 275
Wetlands and Shorelines; the access path must be reviewed by the
Southold Town Trustees and other jurisdictional agencies. No
grading or changes to the natural contours of the land shall be
permitted within this area.
(10) Landward of the 50 foot buffer, shown on the filed map~~ ~h~e~ ~J~T
Declarant is permitted to undertake seasonal mowing (farm cut) to
control seasonal growth of such noxious plants as briers and poison
ivy. As stated in Clause 9 above, this 50 foot buffer is to remain
in an "undisturbed buffer", therefore mowing, clearing or grading
is not a permitted activity.
(11) The Declarant covenants to retain all marked existing trees
on-site to comply with Section 161-44. Street trees of the Southold
Town Code, as indicated by the attached aerial, dated October 29,
2008 and agreed upon by the Declarant and the Southold Town
Planning Board. The attached aerial, dated October 29, 2008
(Schedule B) indicates the location of both individual trees and
clusters of trees both on the property and along the perimeter of
the property on State Route 25 and Wells Road. The trees consist
of the following species: Birch, Cherry, Norway Maple, Red Cedar
and Red Maple. Clearing of the trees or any action made to cause
the death of the mapped trees is prohibited. The Declarant further
covenants that once the existing trees naturally expire, they shall
be replaced with the same or similar species to comply with the
Southold Town Code Section 161.44.
(12) Prior to issuance of a certificate of occupancy, the
respective owners of lot 2 and 3 shall plant their respective
portion of a "Planted Cluster", as shown on the filed map, which
is intended to mitigate the visual impacts of the new home along
Wells Road. There shall be a 60 foot wide landscaped buffer
planted with native vegetation located on lot 1 adjacent to New
York State route 25. The buffer shall run north to south along the
western property line of Lot 1 for a distance of 150 feet in
length.
(13) Declarant grants the continuing right in perpetuity to the
Town of Southold, any of its designated representatives or any
owner of property within the subdivision to enforce the conditions
and restrictions of the covenants and to take any legal action it
deems necessary to enforce the conditions and restrictions of the
covenants. These rights of inspection and enforcement shall be
binding upon declarant, their heirs, executors, legal
representatives, distributees, successors, assigns and transferees.
(14) Pursuant to chapter 240-49 of the Southold Town Code,
clearing of each lot shall be restricted to 35% of the total land
area.
(15) There shall be no further subdivision of any lots in
perpetuity.
(16)There shall be no changes to the lot lines without Planning
Board approval.
(17)Future residents of the lots are advised that the lots are
subject to the noise, dust and odors normally associated with
agricultural activities pursuant to Article XXII, Farmland Bill of
Rights of the Southold Town Code.
(18) These covenants and restrictions shall run with the land
and shall be binding upon the Declarant, his successors and
assigns, and upon all persons or entities claiming under them, and
may be terminated, revoked or amended by the owner of the property
only with the written consent of the Town of Southold granted by a
majority plus one vote of the Planning board, after a public
hearing.
(18) 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.
(19) The aforementioned restrictive covenants are intended
for the benefit of and shall be enforceable by the Town of
Southold, State of New York, by injunctive relief or by any other
remedy in equity or law. The failure of said agencies of the
Town of Southold to enforce same shall not be deemed to affect
the validity of this covenant nor to impose any liability
whatsoever upon the Town of Southold or any officer or employee
thereof.
(20) The within Declaration is made subject to the
provisions of all laws required by law or by their provisions to
be incorporated made a part hereof, as though fully set forth
herein. That the within Declaration shall run with the land and
shall be binding upon the Declarant and his successors and
assigns and upon all persons or entities claiming under them, and
may not be annulled, waived, changed, modified, terminated,
revoked or amended by subsequent owners of the property unless
and until approved by a majority plus one vote of the Planning
Board of the town of Southold or its successors, after a public
hearing.
IN WITNESS WHEREOF, the Declarant has hereunto set its hand
and seal the day and year above written.
- y~
'bhn G. Scott, II'I
STATE OF NEW YORK )
ss.:
COUNTY OF SUFFOLK )
On the ~~~day of 2~t~ before me, the undersigned,
a notary public in and r said State, personally appeared John c,.
Scott`~Sersonally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity, and that by his signature
on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
otary blic
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9
SCHEDULE "A" DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at
Peconic, Town of Southold, Suffolk County, State of New York, bounded and
described as follows:
BEGINNING at the corner formed by the intersection of the southeasterly side
of Main Road (Route 25) with the northeasterly side of Wells Road;
RUNNING THENCE along the southeasterly side of Main Road (Route 25):
1) North 40 degrees 30 minutes 08 seconds East, 42.51 feet;
2) North 43 degrees 23 minutes 48 seconds East, 107.28 feet to land now or
formerly of Ho;
RUNNING THENCE along said land:
1) South 53 degrees 00 minute 52 seconds East, 95.83 feet;
2) South 45 degrees 51 minutes 52 seconds East, 110.33 feet;
3) North 52 degrees 36 minutes 38 seconds East, 81.77 feet to land now or
formerly of Andrade;
THENCE along said land:
1) South 38 degrees 52 minutes 32 seconds East, 168 feet;
2) North 59 degrees 01 minute 08 seconds East, 116.33 feet to the westerly
side of Richmond Creek;
THENCE along the westerly side of Richmond Creek the following tie line
distances:
1) South 0 degrees 18 minutes 52 seconds East, 21.39 feet;
2) South 08 degrees 16 minutes 08 seconds West, 45.48 feet;
3) South 32 degrees 07 minutes 54 seconds East, 57.32 feet;
4) South 20 degrees 07 minutes 38 seconds East, 93.11 feet;
5) South 11 degrees 38 minutes 15 seconds East, 45.13 feet;
6) South 23 degrees 08 minutes 31 seconds East, 29.74 feet;
7) South 35 degrees 00 minutes 26 seconds East, 53.15 feet;
8) South 16 degrees 56 minutes 52 seconds East, 77.43 feet;
9) South 41 degrees 49 minutes 47 seconds East, 123.35 feet;
10)South 25 degrees 08 minutes 38 seconds East, 125.22 feet;
11)South 31 degrees 03 minutes 34 seconds East, 33.70 feet;
12)South 00 degrees 25 minutes 10 seconds West, 61.25 feet;
13)South 06 degrees 17 minutes 05 seconds West, 48.33 feet;
14) South 04 degrees 42 minutes 27 seconds East, 50.31 feet to land now or
formerly of DiNunzio;
THENCE along said land:
1) North 33 degrees 17 minutes 02 seconds West, 146.45 feet;
2) South 56 degrees 42 minutes 58 seconds West, 82 feet to land now or
formerly of Zaneski;
THENCE along said land:
1) North 33 degrees 17 minutes 02 seconds West, 200 feet;
2) South 56 degrees 42 minutes 58 seconds West, 138 feet to the easterly side
of Wells Road; and
THENCE along the easterly side of Wells Road, North 33 degrees 17 minutes
02 seconds West, 791.49 feet to the corner at the point or place of BEGINNING.
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