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HomeMy WebLinkAbout1000-23.-1-14.7 ;a,, ~ CC # : C12-33960 1r" s.` ~ ,,~y..y( ~ ~ i?t"*{ x 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 08/29/2012 under Liber D00012703 and Page 711 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 08/29/2012 SUFFOLK C/O)UNT///Y~ CLERK ~G[. d~X,L (iC . Tea-al-0.~~ i JUDITH A. PASCALE SEAL • rECOF'PEL, Number of pages ~ ~~ii2 pr~g'29 iU:~O:;r, F'P1 ?UC~1TH N, FN'~,CHLE C:LERk ~ iF SIJFFOLfh:: CpUtdT'r This document will be public L ~,~.-~i~~~~1~~~_ record. Please remove all F' 'il Social Security Numbers 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 Spec./Assit. Notation or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT, MTG. TAX Dual Town Dual Count _ R.P.T.S.A. I ~ Held for Appointment Y Comm. of Ed. 5. 00 ~ Transfer Tax / Mansion Tax Affidavit 3 `~j The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 Sub Total ~ family dwelling only. YES or NO Other Grand Total If N0, see appropriate tax clause on page# of this instrument. 4 Dist. 1000 02300 0100 014007 ~ 5 Community Preservation Fund 1000 02300 0200 005006 2p•, Real Propel p T S Consideration Amount $ Tax Service R Lpq A OcJ Agency 8-AUG-t CPF Tax Due $ Verificatioi Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD PATRICIA C. MOORE ESQ. 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 # s Suffolk Coun Recordin & Endorsement Pa e This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIONS made bY~ (SPECIFY TYPE OF INSTRUMENT) IOANNOU The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of EAST MARION BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIII (IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 08/29/2012 Number of Pages: 9 At: 03:40:36 PM Receipt Number 12-0099871 LIBER: D00012703 PAGE: 711 District: Section: Block: Lot: 1000 023.00 01.00 014.007 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45.00 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 $5.85 NO RPT $120.00 NO Fees Paid $210.85 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A SILL JUDITH A. PASCALE County Clerk, Suffolk County DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this ~~I~t~' day of ~f-G ~.ti.Y~2012 by Constantine Ioannou, Maria Ioannou, residing att 05 Beverly Road, Douglaston, New York and Athas C. Ioannou residing at 105 Beverly Road, Douglaston, New York and Angelika C. Ioannou, residing at 105 Beverly Road, Douglaston, New York of the Ioannou Qualified Personal Residence Trust hereinafter collectively referred to as the DECLARANT, states as follows: WHEREAS, Declarant is the owner of certain real property situate at East Marion, in the Town of Southold, Suffolk County New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, for and in consideration of the granting of subdivision application for tax map parcel numbers, 1000-23-1- 19.7 and 1000-23-2-5. 6, entitled "Final Plat Standard Subdivision Constantine Ioannou at East Marion" prepared by John T. Metzger, dated September 7, 2000, last revised March 8, 2012 (hereinafter referred to as the "Filed Map"), 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, 1. Access to Lots 1, 2 and 3 on the approved plat shall be from the 25 foot wide right-of-way attached to Lot 2 2 The 16 foot gravel road must be constructed to the specifications in Southold Town Code for roadway construction prior to issuance of building permits for lots 1, 2 and 3 3. The existing stone driveway over Lot 3 will be abandoned upon completion of the new 16 foot gravel road 4. The existing 25 foot wide right of way, as shown on map dated as last revised March 8, 2012, and located along the westerly property line of Lot 1 shall not be used for vehicular access 5. There is a 100 foot wide non-disturbance buffer on lots 1 and 2, as shown on the filed map. All clearing, grading and ground disturbance within this buffer, is prohibited, except for the removal of invasive, non-native vegetation, and to create a 4' wide common beach access for lots 1 & 3 as shown on the filed map. Any permitted clearing is subject to all approvals and permits necessary for clearing near surface waters and other protected natural features. The 0.9+ acre parcel identified as "Open Space" on the filed map and also known as tax ap number 1000-23-2-5.6 will remain as a non-disturbance buffer in perpetuity. All clearing, grading and ground disturbance is prohibited, except for the removal of invasive, non-native vegetation. Any permitted removal of vegetation is subject to all approvals and permits necessary for clearing near surface waters and other protected natural features. 6. Sixty (60) foot Landscape buffer along SR 25 as shown on the filed map i. The 60 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffer are limited to the removal of exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property. The buffer may be supplemented with plantings of native and drought tolerant species. ii. The sixty (60) foot landscape buffer located on Lot 3 will satisfy in part the clearing limits pursuant to Sec. 240-49 of the Southold Town Code. 7. The creation of this subdivision in no way commits either the Town or the County to any program to protect this property from shoreline erosion and that any approval granted by the Town in now way signifies that the development and use of this property is considered without hazard and possible loss. 8. There shall be no further Subdivision of lots 1, 2 and 3 in perpetuity 9. As shown on the filed map, any significant tree outside of building envelopes shall be preserved in perpetuity and any significant tree inside the building envelope shall be preserved to the greatest extent possible. 10. This development shall comply with all applicable Southold Town Code related to storm water management and the Storm Water Pollution Protection Plan, dated March 30, 2011 as approved by the Office of the Town Engineer on December 13, 2011, and filed with the Filed Map 11. The 4' wide walking path that runs through lot 1 will be a mowed path and maintained by the owner of lot 1 12. Utilities, including but not limited to electric, gas, telephone and television, must be located underground 13. Prior to any construction activity taking place on the lots, the property owners shall be required to obtain and submit a New York State Department of Environmental Conservation SPEDS General Permit for storm water discharges for the action. 14. Each of the lots shown on the approved plat dated March 8, 2012 is subject to the clearing restrictions (Percentage of Site Permitted to be Cleared-Lot 1: 25 percent, Lot 2: 25 percent, Lot 3: 35 percent) pursuant to Southold Town code Section 240-99. 15. The residential application and use of synthetic fertilizers in pesticides capable of entering the potable water supply is prohibited. a. Only the use of organic fertilizers where the water-soluble nitrogen is no more than 200 of the total nitrogen in the mixture is required. b. A maximum of 1 lb of nitrogen per 1,000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year is required. c. Fertilizer products shall be applied only during the growing season (typically mid-March though mid- October). 1 _ _ • 16. 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. 17. 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. 18. 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. 19. 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 WHEREFORE, the DECLARANT, du~y executed this document the day and year first above itten: r < t J ~ ~ Constanti. ' oan~holT~~.~ A as I nnou i Ma ia;`Igannou Angelika C. Ioannou ACKNOWLEDGMENT STATE OF NEW YORK ) :ss.: COUNTY OF (',i~u~~~.9 On the IH?t~ day of ~~«~~-G-k~l in the year 2012 before me, the undersigned, personall}! appeared Constantine Ioannou personally 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. ~ Notary Public <'sT5 F, VILUOSQ l iq , Il.iy ST,47F.OF(y(Yq~ 70~ T~~f 4Un6 crrr'iaf ,~~~IiNSZa Itf:61,t u p I i7gp31966 ACKNOWLEDGMENT STATE OF NEW YORK ) :ss.. COUNTY OF ~~~k@tt./ On the 1~~' day of ~~+sw~~ in the year 2012 before me, the undersigned, personally appeared Maria Ioannou personally 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. N, tary~Public 'S E. V[~6C0 G1.~St3~ ~'f,7E JF NNNYOP.K AIC?1'aRY 1'IIHLlQ. c„nr:nor~nscls zo13 ~ AjMpiC"Jli iIJ IlAl7µ8,q U41' V.. 'iWG15 k olil np71966 ACKNOWLEDGMENT STATE OF NEW YORK ) :ss.: COUNTY OF ~i,u2xivl On the IH~~ day of b'(,~+t~.ci;r"1 in the year 2012 before me, the undersigned, personally appeared Athas C. Ioannou personally 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. ~1~~~G.~ ~ V~Eso Na ary Public q~;lgIRLiC, 9A[G 06 NEW Y081C rnt; N1Y ^F QI RiENi _~i33 !:9lAP If,.=1~"; pd!'1Y i15 nCl'lk, I,n,~g~y { p I VICO] 1966 ACKNOWLEDGMENT STATE OF NEW YORK ) ) :ss.: COUNTY OF l,y'.~u'E~'~ On the day of ,~u in the year 2012 before me, the undersigned, personally appeared Angelika C. Ioannou personally 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. Notary/Public GAA®YS E. VILU(iSQ ryort~irun~~ n,~isorrirmvnaa: rr 7y,~~,n~riv;2~13 IU'.~;l~'k 01'J ILO?!94h SCHEDULE "A" DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known as part of Lot No. 7, on Map of Brionngloid-By-The-Sea at East Marion, Town of Southold, County of Suffolk and filed in the Office of the Clerk of the County of Suffolk on August 22, 1978 as Map No. 6711, bounded and described as follows: BEGINNING at a point on the northwesterly side of Main Road distant 4848 feet easterly from the corner formed by the intersection of the easterly side of Kayleigh's Court with the northwesterly side of Main Road; RUNNING THENCE the following three courses and distances, along land now or formerly of Rand: 1) North 24 degrees 04 minutes 30 seconds West, 337.02 feet; 2) South 65 degrees 55 minutes 30 seconds West, 159.00 feet; 3) North 24 degrees 04 minutes 30 seconds West, 474.26 feet to the ordinary high water mark of Long Island Sound; THENCE along said high water line which has a tie line bearing North 61 degrees 54 minutes 45 seconds East, 437.92 feet to a point; THENCE South 27 degrees 00 minutes 50 seconds East, 652.90 feet to the northerly side of Main Road; THENCE along the northerly side of Main Road along an arc of a curve having a radius of 2259.01 feet, a distance along said curve of 335 feet to the point or place of BEGINNING. 3~ 5 "OPEN SPACE" ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (S,R. 25) where same is intersected by the division line of the westerly side of land now or formerly of Stainevich with the southerly side of Main Road (S.R. 25); THENCE South 27 degrees 00 minutes 50 seconds East, 129.76 feet to the tie line of Orient Harbor; THENCE South 37 degrees 36 minutes 20 seconds West, 365.76 feet to land now or formerly of Bolletino; THENCE North 24 degrees 04 minutes 30 seconds West, 117.76 feet to the southerly side of Main Road (S.R. 25); THENCE easterly along the southerly side of Main Road (5.R. 25) along an arc of a curve bearing to the left having a radius of 2325.01 feet, a distance along said curve of 366.10 feet to the first above mentioned division line and the point or place of BEGINNING. CC # : C12-33959 ' ~ ~ ,.~-~-~r, 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 08/29/2012 under Liber D00012703 and Page 710 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 08/29/2012 SUFFOLK COUNTY CLERK ~ta ~Lrs.L. Q. Ya,occ~¢i~ JUDITH A. PASCALE SEAL I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIII (IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 08/29/2012 Number of Paqes: 9 At: 03:40:36 PM Receipt Number 12-0099871 LIBER: D00012703 PAGE: 710 District: Section: Block: Lot: 1000 023.00 01.00 014.007 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45.00 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 $5.85 NO RPT $120.00 NO Fees Paid $210.85 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ^;SCORi~ED Number of pages - .tUD?TH u. P!a'CRLE CLEFT; OF This document will be public SUFFOLk: i:iuJflT'r' record. Please remove all L I'OOOi=~0 Social Security Numbers F 'i" 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 Spec./Assn. Notation ~ L or EA-52 17 (County) Sub Total ~ Spec. /Add. EA-5217 (State) TOT. MTG. TAX ~ Dual Town Dual County R.P.T.S.A. ~ Held for Appointment Comm. of Ed. 5. 00 ~ ~ Transfer Tax Affidavit l/ • Mansion Tax Certified Copy ~ ~ ~ The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total al tJ ~ If N0, see appropriate tax clause on page # of this instrument. ~ 4 Dist. 1000 02300 0100 014007 5 Community Preservation Fund 1000 02300 0200 005006 ~ Real Propert R T g Consideration Amount $ Tax Service R LPA A Agency 8-AUG-1 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD PATRICIA C. MOORE ESQ. 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 # g Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached ROAD AND MAINTENANCE AGREEMENT made by: (SPECIFY TYPE OF INSTRUMENT) IOANNOU The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD In the VILLAGE or HAMLET of EAST MARION BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over ROAD & MAINTENANCE AGREEMENT y This Declaration ("Declaration") is made this~`1 ~ay of .~it~'~-t~, 2012, by Constantine Ioannou, Maria Ioannou, as Settlors, residing at 105 Beverly Road;~Douglaston, New York and Athas C. Ioannou residing at 105 Beverly Road, Douglaston, New York and Angelika C. Ioannou, residing at 105 Beverly Road, Douglaston, New York as Trustees of the Ioannou Qualified Personal Residence Trust ,hereinafter collectively referred to as "Declazant". WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 23, Block 1 ,Lot 14.7 and Suffolk County Tax Map as District 1000, Section 23, Block 2 and Lot 5.6; and WHEREAS, Declarant has made an application to subdivide said real property into three (3) lots, as shown on the Final Plat Standazd Subdivision of Constantine Ioannou, prepared by Peconic Surveyors, P.C., last dated March 8, 2012; and WHEREAS, Declarant desires to provide for maintenance and management of the 25 foot right-of--way which provides a common access of ingress and egress to lot 1, 2 and 3; NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots, their heirs, successors and assigns, to wit: DRIVEWAY DESIGN AND CONSTRUCTION The 16 foot gravel road within the 25 foot right-of--way shall be of standard stone blend composition to a width of sixteen(16') feet. The common driveway shall be constructed in accordance with Town of Southold specifications. Lot 2 will own the 25 foot right-of--way , as shown on the map and lots 1, 2 and 3 will have an equal right over said driveway. The 25 foot right-of--way will provide both a common access to the lots and contain the underground utilities for the subdivision, including but not limited to, public water, electric, gas and cable tv. The existing stone driveway over lot 3 will be abandoned upon completion of the 25 foot right-of--way pursuant to Building Specifications, Section 161-15A of the Southold Town Code. The above construction specifications must be met prior to issuance of building permits for Lots 1,2and3. MAINTENANCE AND MANAGEMENT OF DRIVEWAY 1. The owners of Lot 1, 2 and 3 hereby covenant and agree that the parties, its successor or assigns in interest, shall share equally in the costs and expenses of maintaining the 16 foot gravel road and use, manage, administer, maintain and operate the subdivision driveway in accordance with the provisions of this Declaration. All parties agree that they will contribute toward and cause to be performed year-round maintenance of the 16 foot gravel road in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the driveway, including but not limited to, litter collection, clean out drainage, snow removal and repair of the surface as necessary to keep the driveway in good and working order. b. The use of agents, subcontractors or employees to be reasonably necessary to carry out the responsibilities under this Declaration. 2. The owners shall maintain in effect at all times a policy ofpublic liability insurance . 3. The owners of lot 2 shall maintain the 28 street trees located along the 25 foot right- of-way in perpetuity 4. The owners of lots 1, 2 and 3 shall install and maintain the 12 inch corrugated metal pipe as depicted within the 25 foot right-of--way. MANAGEMENT COSTS 3. The owner of Lot 2, in its sole discretion, is appointed as agent to contract and oversee the maintenance and repairs authorized by this agreement and shall: a.. Prepare an annual budget for equal share of the costs of managing the driveway on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance and repair. b. Maintain a "Reserve Fund" for extraordinary repair and replacement of the driveway. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed for the amount necessary to replace the driveway over a fifteen (15) year period. c. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above-described Reserve fund, the owner of Lot 2, may recommend a special assessment and all lot owners shall be obligated to promptly pay the amount of the Special assessment to the owner of Lot 2. d. The owners of Lots 1, 2 and 3 may appoint another management agent. PERMITTED AND PROHIBITED USES 4. The driveway shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the driveway; (ii) minimize the disturbance of shrubbery or other vegetation along the driveway; and (iii) upon completion of repair or maintenance, restore the driveway substantially to the same condition as existed at the time of commencement of the work. b. The driveway shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Declarant. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the driveway may be made. e. No alteration or modification of the driveway, once constructed, will be permitted without prior written consent of Declarant and the Planning Board of the Town of Southold. TERMS OF PAYMENT 5. All Maintenance Costs, Reserve Fund fees, and special assessments as detailed above shall be billed to the Lot Owners and shall be required to be paid within thirty (30) days after the date of the bill submitted by the owner of Lot 2. 6. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by the owner of lot 2, then they shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. 7. In the event any legal proceedings are necessary to enforce the terms and conditions of this Declaration, the Lot Owners shall indemnify and hold the owner of Lot 2 harmless from any and all costs associated with such proceedings including, but not limited to, all court costs, service fees, deposition transcript fees and all other expenses and reasonable attorney fees incurred by the owner of Lot 2. 8. That this Declaration contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and(or provisions may hereafter be revised, amended or promulgated. 9. If any section, subsection, paragraph, clause, phrase or provision of this Declaration 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. The within Declaration 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. 11. The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, 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 premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 12. If the parties or its successors or assigns fails to meet its obligations with regards to the terms of this driveway and Maintenance Agreement, the Declaration the parties shall have the right to enforce the terms of this agreement in a Court of Law. 13. All notices required under this Declaration shall be mailed to the Lot Owners' addresses or to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed Effective when mailed. 14. In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. Ownership should revert back to property owners within the subdivision who are obligated to abide by the terms of this Agreement. IN WITNESS WHEREOF, the Declazant has executed this Declazation the day and year first above written. Declarant: Constantine~Ioannou - M a oanne~~"'~'" ,r J th annou Angelika C. Ioanno STATE OF NEW YORK ) ,,nn ) ss: COUNTY OF lX •A~w"'8 On the day of -~4 , 2012, before me the undersigned, personally appeared Constantine Ioannou, personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. GABYS E. VII,BOSO //i )j j NGTAXY Il!B[U S~a~E Of WiW'i4;U( ~~CN, L'6LJ,!1 ~ LCd~V am rm'r roueFUC ~a ~ ~'~U ~,~If115I01Ve III L10~.I k,~ N~itazy P bllc Aer.nM vi-n wsc STATE OF NEW YORK ) ss: COUNTY OF (~,~:+-uuvJ On the~~~'~c~ay of ~uc)c~0~ , 2012, before me the undersigned, personally appeared Maria Ioannou, personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. ~ i)~ ~)6 c ~x( .~,c=v c~~.u~rs s ~a.r~uso MO7pftV ~Bil 'Tn IE Of HF.14 YI~RK Notary P lie ~~,r~n~, poems ItCLI;I#01 YIEUl 1966 STATE OF NEW YORK ) ss: COUNTY OF On the day of ~e4 ~ti~ , 2012, before me the undersigned, personally appeared Athas C. Ioannou, personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose names aze subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals, or the person upon be((h~~,,afflf of which the individuals acted, executed the instrument. .~(itoi ~`~t1 (i ck~b~ti~ I~`ot ry P blic ;;,,~aavs v, vir.oaso ~IOT9P.'i i4~;ll `7iSC 4F NF.WYtl1U( Jiy~ ~purms~,~3 STATE OF NEW YORK) ~ F i h~ .a iz_.._.. <<~, ,~io;ivRs r~, ) ss: COUNTY OF ~le.~:ect,9 On the 1`~~day of lr?u~ud%~ , 2012, before me the undersigned, personally appeared Angelika C. Ioannou, personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose names aze subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. 1 ~ N~i ary P blic C9P.1[FYS li. V1tDQSG A10L4ItY PIIALI4l SI'4~.Or" Ni.~ YURp; Bunn r ~ ar~is t ~ f. ,nm~z ~k~ ~ ria, zL' . flLGitin StC;'d1pI966 SCHEDULE "A" DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known as part of Lot No. 7, on Map of Brionngloid-ByThe•Sea at East Marion, Town of Southold, County of Suffolk and filed in the Office of the Clerk of the County of Suffolk on August 22, 1978 as Map No. 6711, bounded and described as follows: BEGINNING at a point on the northwesterly side of Main Road distant 4848 feet easterly from the corner formed by the intersection of the easterly side of Kayleigh's Court with the northwesterly side of Main Road; RUNNING THENCE the following three courses and distances, along land now or formerly of Rand: 1) North 24 degrees 04 minutes 30 seconds West, 337.02 feet; 2) South 65 degrees 55 minutes 30 seconds West, 159,00 feet; 3) North 24 degrees 04 minutes 30 seconds West, 474.26 feet to the ordinary high water mark of Long Island Sound; THENCE along said high water line which has a tie line bearing North 61 degrees 54 minutes 45 seconds East, 437.92 feet to a point; THENCE South 27 degrees 00 minutes 50 seconds East, 652.90 feet to the northerly side of Main Road; THENCE along the northerly side of Main Road along an arc of a curve having a radius of 2259.01 feet, a distance along said curve of 3395 feet to the point or place of BEGINNING. 3~S "OPEN SPACE" ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Main Read (S.R. 25) where same is intersected by the division line of the westerly side of land now or formerly of Stainevich with the southerly side of Main Road (S.R. 25); THENCE South 27 degrees 00 minutes 50 seconds East, 129.76 feet to the tie line of Orient Harbor; THENCE South 37 degrees 36 minutes 20 seconds West, 365.76 feet to land now or formerly of Bolletino; THENCE North 24 degrees 04 minutes 30 seconds West, 117.76 feet to the southerly side of Main Road (S.R. 25); THENCE easterly along the southerly side of Main Road (S.R. 25) along an arc of a curve bearing to the left having a radius of 2325.01 feet, a distance along said curve of 366.10 feet to the first above mentioned division line and the point or place of BEGINNING.