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HomeMy WebLinkAbout1000-31.-1-1.2 ! • SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/13/2009 Number of Pages: B At: 10:48:22 AM Receipt Number 09-0052869 LIBER: D00012587 PAGE: 954 District: Section: Block: Lot: 1000 031.00 01.00 001.002 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40.00 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 $30.00 NO Fees Paid $115.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County ao Number of pages g _ _ - This document will be public record. Please remove all ~ 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 Notation Spec./Assit. or EA-52 17 (County) Sub Total ~l~ Spec. /Add. EA-5217 (State) TOT. MTG. TAX ~q 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 ertifie` d Copy,) ~ or will be improved by a one or two NYS Surcharge 15. 00 ~ O1 ~ family dwelling only. Sub Total YES or NO Other _ Grand Total I 1 S .ate If NO, see appropriate tax clause on page# of thisinstrume t. iooo o3ioo oioo ooioo2 ~ 4 Dist. 1000 5 Community Preservation Fund PT S Real Property F2 EMC A Consideration Amount $ Tax Service 13-MAY-0 Agency CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land PATRICIA C. MOORS ESQ. TD _~d 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 Page This page forms part of the attached DECLARATION AND COVENANT made bY: (SPECIFY TYPE OF INSTRUMENn SY GHASSEMI & CATHERINE GHASSEMI 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 r 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 dir ectly for all future property tax statements. Local property taxes are payable twice a year: on or before January tOm and on or before May 31,1. 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 Norch 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 of Taxes 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-SS80 (631)765-1803 Sincerely, c~.. a. ~ Judith A. Pascale Suffolk County Clerk dw 2/99 IbO1M.C6/O6kd DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD ~=.NASSErrI ( THIS DECLARATION made the~Sday of April, 2009 by SY~nd CATHERINE GHASSEMI, residing at 866 Dogwood Avenue, Franklin Square, NY 11010, hereinafter 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 as provided by the Declarant; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Clustered Conservation Subdivision of Sy & Catherine Ghassemi" prepared by Peconic Surveyors, PC, 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) Future residents of the lots on the approved subdivision map 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. (2) As a condition of approval by the Town of Southold Planning Board the subdivision or development application, the Declarants covenant as follows: a. that there shall be a 50' buffer "set back from the top of the Bluff". Said buffer to be undisturbed with the exception of the removal of dead or noxious vegetation, and dead or diseased trees, and cherry trees smaller than 5" can be removed by hand. Existing trees may be manually pruned and trimmed as necessary. For bluff maintenance and protection, tree trimming may be permitted upon prior approval, by the office of Natrual Resources Conservation Service (NRCS) and Southold Town Planning Board. Grading within the 50' buffer area is prohibited; b, that no clearing of said 50' buffer, with the exception above described in paragraph (a), shall take place without the approval of the Town of Southold Planning Board; c. that the Planning Board may require an erosion control and re-vegetation plan when seeking the aforementioned clearing approval; d. that no storm water resulting from the development and improvement of the subdivision or any of the lots shall be discharged down the face of the bluff in any manner; e. that no new dwelling or sanitary facility shall be constructed or otherwise located within 100 feet landward from the top of the bluff; f. That Lot 2 and Lot 3 shall be limited to one access to the beach. As a condition of sale of either Lot 2 or Lot 3 to an unrelated party, the owner of Lot 2 shall abandon the existing cement beach access and Lot 2 and Lot 3 shall construct a common access stair between Lot 2 and Lot 3 and shall exchange mutual cross easement. Construction of beach stairs is subject to applicable regulations and review by the New York State Department of Environmental Conservation and Southold Town Trustees. g. Clearing of vegetation within the individual residential lots is limited to 35°s for Lot 2 and Lot 3. Lot 4 is in agriculture, however, upon development clearing of vegetation is limited to 60°s of Lot 4. (3) There shall be no further subdivision of Lots 2 and 3 in perpetuity. (4) All utilities must be located underground. (5) The clustered subdivision open space is equal to 11,328 square feet and is within the reserved land on lot 1. (6) There shall be no changes to any of the lot lines without prior Planning Board approval. (7) 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. (8) Declarant shall use pervious driveways to serve each lot. (9) Prior to issuance of a Certificate of Occupancy Declarant shall install gutters, leaders and subsurface dry wells to retain surface runoff. (10) Declarant shall use native plants and disease- resistant and drought tolerant plants and landscaping. (11) The residential application of synthetic pesticides and fertilizers is prohibited on Lot 2, Lot 3 and Lot 4 as shown on the approved map. (12) Prior to any construction activity on lots 2 and 3 on the approved subdivision map, the project may require a General Permit for the storm water runoff from construction activity (GP- 02-01) administered by the New York State Department of Environmental Conservation under a Phase II State Pollution Discharge Elimination System. (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 as they relate to the non-disturbance/non-fertilization buffer 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) 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. (15) 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. (16) 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. (17) 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. S Ghass mm' ~ _ Cat Brine Ghassemi STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) i On the t~ day of April, 2009 before me, the undersigned, a notary public in and for said State, personally appeared Sy Ghassemi and Catherine Ghassemi 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. SEfSV A. PERKIN9 ~ ~ ~ ~ ` Nobly Pudk. Sleta of New Vpll No. o,FE 5+3aS78 N ry bl i c Qualified in $IIIIGII County Qo~.eion~i,ee.~Iy,~L" ~ . c_ 2l~ ~ ~ ND • O I P ~ (p ~ ~ (o ~ (o SCHEDULE "A" DESCRIPTION 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, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (S.R. 25) distant 831.67 feet westerly from the corner formed by the intersection of the westerly side of Rocky Point Road with the northerly side of Main Road (S.R. 25); and THENCE North 15 degrees 27 minutes 00 seconds West, 200.13 feet to the southwesterly corner of premises about to be described and the true point or place of beginning; THENCE from said point of beginning, North 3 degrees 55 minutes 20 seconds West,137.34feet; THENCE South 79 degrees 44 minutes 10 seconds West, 25.15 feet; THENCE the following (17) courses and distances along Map of Pebble Beach Farms #6266: 1) North 16 degrees 35 minutes 20 seconds West, 239.60 feet; 2) North 16 degrees 14 minutes 00 seconds West, 90.07 feet; 3) North 15 degrees 10 minutes 00 seconds West, 213.04 feet; 4) North 12 degrees 37 minutes 40 seconds West, 153.04 feet; 5) North 13 degrees 56 minutes 20 seconds West, 285.00 feet; 6} North 13 degrees 36 minutes 40 seconds West, 262.01 feet; 7) North 15 degrees 39 minutes 30 seconds West, 200.09 feet; 8) North.13 degrees 56.minutes 20 seconds West, 200.00 feet; 9) North 13 degrees 01 minute 50 seconds West, 505.25 feet; 10)North 13 degrees 00 minutes 20 seconds West, 132.76 feet; 11)North 11 degrees 47 minutes 00 seconds West,126.63feet; 12)North 13 degrees 40 minutes 10 seconds West, 446.72 feet; 13)North 12 degrees 41 minutes 40 seconds West, 314.36 feet; 14)North 13 degrees 26 minutes 40 seconds West, 557.97 feet; 15) North 13 degrees 31 minutes 30 seconds West, 436.67 feet; 16) North 13 degrees 54 minutes 10 seconds West, 816.76 feet; 17)North 15 degrees 18 minutes 10 seconds West, 248.64 feet to the mean high water line of Long Island Sound; THENCE North 23 degrees 03 minutes 30 seconds East, 447.39 feet to land now or formerly of Kaner; THENCE along said land and continuing along "Open Space Area" of East Marion Woods #8759 and continuing along land now or formerly of A.P. Sepenoski, Jr. the following (3) courses and distances: 1) South 13 degrees 59 minutes 40 seconds East, 923.41 feet; 2) South 13 degrees 23 minutes 50 seconds East, 592.86 feet; 3) South 13 degrees 05 minutes 50 seconds East, 4136.64. feet; THENCE South 57 degrees 39 minutes 00 seconds West, 219.98 feet to the southwesterly corner of the above described premises and the true point or place of BEGINNING.