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HomeMy WebLinkAbout1000-15.-8-1.1 (2) • • CC # : C12-21765 e 't: . 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 05/30/2012 under Liber D00012694 and Page 708 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of said County and Court this 05/30/2012 SUFFOLEC C/O~UNT///Y~ CLERK ~l~ dcz,L ~7, YcLa.~4~i-/ JUDITH A. PASCALE SEAL 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: 05/30/2012 Number of Pages: 5 At: 11:38:57 AM Receipt Number 12-0061517 LIBER: D00012694 PAGE: 708 District: Section: Block: Lot: 1000 015.00 08.00 001.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 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 $5.20 NO RPT $60.00 NO Fees Paid $130.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County I ?z Number of pages _ This document will be public ~,ir-F;L« ~_~:uar, record. Please remove all _ _c:r;n_ r,>,=:<,=_ Social Security Numbers 7~ 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./Assit. or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. ~ ~ Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax 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 If NO, see appropriate tax clause on n page# ofthis~tru er}t~ 4 I 1000 01500 0800 001001 1.1 5 Community Preservation FuCCnd Real F P T S Consideration Amount $ Tax Se R LPA A Age 30-MAY-1 CPF Tax Due $ Verifi~ Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD Charles R. Cuddy, Esq. PO Box 1547 TD Riverhead, NY 11901 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) Nancy Fischer 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 Orient BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this 'day of ~ ~ , 2012, by Nancy Fischer residing at 38785 Main Road, Orient, New York 11957, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-15-08-1.1 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Boazd has required that the within Declazation be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the Lots 1 and 2 within the Subdivision Map of Fischer Property at Orient, prepared by John Metzger, Peconic Surveyors, P.C., which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, 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. DECLARANT and subsequent owners shall maintain and cut back the brush along Page 1 of 3 { and up to the fence line along the northerly line of Lot#2 which directly abuts a Town of Southold Recharge Basin. 2. Removal of trees along the southern property line of Lots# 1 and 2 along S.R. 25 as shown on the preliminary subdivision map shall be prohibited except to allow for the maintenance andlor removal of dead and diseased trees which pose a risk to the health, safety and welfaze of the lot owners. 3. If the trees referred to above need to be removed due to disease or death, they shall be replaced by trees selected from the Town of Southold Planning Boazd's list designated "Native/Natural Buffer Plantings Specifications" so as to maintain the integrity of the New York State Scenic Byway-S.R. 25. 4. The 12 existing street trees that occur on proposed Lot # 1 and the 23 existing trees on proposed Lot# 2 located adjacent to Ryder Farm Lane have been accepted to satisfy the §240-17, Technical Requirements, Item H, 2, (n) and § 161-44 Street Tree Requirements of the Town Code. 5. The Declazant recognizes Section 236 of the Southold Town Code and agrees that subject parcel will not contribute to the following prohibited storm water discharges: A. Dischazges to public highways and rights of way; B. Dischazges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of the Southold Town Code; C. Discharges from private properties to adjoining properties, without express permission; D. Discharges to public drainage control systems and networks, without express permission ; E. Discharges of illicit liquids to any of the azeas listed above and any other azea within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its 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 Page 2 of 3 ~ "l;own granted by a majority plus one vote of the Planning Boazd after a public hearing. If any section, subsection, pazagraph, 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. The aforementioned Restrictive Covenants aze 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 inequity or at law. The failure of said agencies or the Town of Southold to enforce the 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. The within Declaration is made subject to the provisions of all laws required bylaw or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declazation shall run with the land and shall be binding upon the Declarant and its 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 above named has executed the foregoing Declaration the day and year first above written. ~Gv4 Nancy F scher STATE OF NEW YORK ) ss.: COUNTY OF ) On the~!~day of ~ in the yeaz 2012, before me, the undersigned, personally appeared Nancy Fischer, 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 tlae instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Denise M. Cuddv ~ ~ Notary Public State of'~~c~~ Ynrk Notary Public No. O1CU6178519 Suffull: C uunty Comission Expires Dec. 3, 20~ Page 3 of 3 r~. SCHEDULE A -DESCRIPTION ALL that certain plot, piece or pazcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of Main Road (S.R25) with the westerly side of Ruder Farm Lane; RUNNING THENCE along the northerly side of Main Road South 57 degrees 51 minutes 10 seconds West for a distance of 405.06 feet; THENCE North O1 degree 34 minutes 00 seconds West along land now or formerly of Stephen A. Kelemen and land now or formerly of Mario O. Fitzsimmons for a distance of 334.78 feet; THENCE North 88 degrees 26 minutes 00 seconds East along Lot #65 on "Map of Orient by the Sea" for a distance of 11421 feet; THENCE South O1 degree 34 minutes 00 seconds East along land now or formerly of Town of Southold for a distance of 24 feet; THENCE North 88 degrees OS minutes 20 seconds East along land now or formerly of Town of Southold for a distance of 183.89 feet to the westerly side of Ryder Farm Lane; THENCE South 27 degrees 08 minutes 00 seconds East along the westerly side of Ryder Farm Lane for a distance of 117.30 feet to the point or place of BEGINNING.