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Home My WebLink About1000-51.-3-4.3 I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 1111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 08/25/2005 Number of Pages: 6 At: 09:15:38 AM Receipt Number 05-0084205 LIBER: D00012405 PAGE: 659 District: Section: Block: Lot: 1000 051.00 03.00 004.007 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt PagejFiling $18.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $5.00 NO RPT $30.00 NO SCTM $0.00 NO Fees Paid $78.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County . 2 • Number of pages ~ aFrr,Fi,FI, ~Gi!` R~,a 69:15:3:; HM TORRENS cd~.aarr P.~~on~,.yin~ ,_L~^F. liF Serial # ~FFOLk; Ci i~ Ii{?,~ 6tii i 1?4C` Certificate # Prior Ctf. # Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 r->;Es Page /Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 _ Sub Total Spec./Assn. Notation _ or EA-52 ] 7 (County) ~ Sub Total _ OC, Spec. /Add. EA-5217 (State) TOT. MTG. TAX ~~p Dual Town Dual County R.P.T.S.A. _ 3 ° ~ ~ Held for Appointment Comm. of Ed. _ 5. 00 ~w ~ Transfer Tax ° Mansion Tax Affidavit o ~ 4 ~tys° The property covered by this mortgage is Certified Copy _ ox will be improved by a one or two NYS Surcharge 15. 00 - family dwelling only. Sub Total J ? ygS or NO Other _ '7 ~ If NO, see appropriate tax clause on Grand Total page # of this instrument. 4 Dist./ovv Section O 5 /oo Block G 3a~ Lot oo ~{oc7 5 Community Preservation Fund Real Property Consideration Amount $ etse;: Tax Service ~ ~ ~~pv sy~~ CPF Tax Due $ Age cy ~~~5 0 ~urFCrK Verification ~ eounzv Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD /-~Ci+Y 1 C.. i CA.. !l-/ G~~Q, , i; S ~jj _ TD 5 i ~ a i~ ~-r ~ n ~ ct_ CI TD .,5 ur>. ~cri . ~ y ~ ~ ~ ~ i 7 Title Com an Information Co. Name Title # 8 Suffolk Count Recordin & Endorsement Pa~']e~( This page forms part of the attached ~ ~ ~ O ~ ~ ~ ~S ~ ~ 1Cn'°~e"uy: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in C ~ ~,e 1Q. (,(r L SUFFOLK COUNTY, NEW YORK. TO In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) 1 _ ~ SOUTHOLD TOWN PLANNING BOARD ' DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Franco Purita and Claudia Purita residing at 19995 Soundview Avenue, Southold New York 11971 this Hit./7 day of August 2005, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES. 2. As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants as follows: A. Lot 3 includes 1.83 acres of clustered open space upon which no residential development rights exist. The Sale of Development rights purchase does not compensate owner for 1.83 acres of clustered open space. B. Lot 3 is subject to a utility easement to run water lines from North Road to lots 1 and 2. The metes and bounds of the utility easement are placed on the map and the acreage of the easement excludes .8496 acres from the sale of development rights. In the event that public water becomes available through Chardonnay Drive, this utility easement shall terminate and the lots will connect to public water from Chardonnay Drive. C. Prior to any construction activity, the project will require a general permit for Storm-water Runoff from Construction Activity (GP-02-O1) administered by the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollution Elimination Discharge System (SPEDES) Program. D. This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements. The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construction activity that disturbs one or more ' acre • The Storm-water Pollution•Control Plan requires erosion control planning, site management and sediment control by all landowners. This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02-O1), Albany, New York. E. Vehicular access to lots 1 and 2 shall be from Chardonnay Drive only. F. Vehicular access to any future residence within the 2.39 acre reserved area/building envelope on the south side of Lot 3 shall be from Old North Road only. G. The 65 x 148.88 building envelope located in the north of Lot 3 is restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure within the building envelope for living purposes is prohibited. H. The owners of Lot 3 are subject to Article XXII, Farmland Bill of Rights [Added 5-27-97 by Local Law No 11-1997] and Southold Town Code Section 100-220 By this Declaration future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Town of Southold. I. That final map shall be rendered null and void and the approval of the subdivision invalid in the event that the closing of the development rights sale is not completed and proof of such closing is not submitted to this department. J. The Town of Southold Building Department shall not issue building permits for any lot depicted on the final map until the closing of the development rights sale is completed in accordance with the approved map and proof of such closing is submitted to this department. 3. The aforementioned Restrictive Covenants are intended for the benefit of and shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, Title number FNP•01126 AMENDED 312212005 SCHEDULE "A" DESCRIPTION ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT SOUTHOLD, {N THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF NORTH ROAD (C.R. 27) WHERE SAME IS INTERSECTED BY THE DIVISION LINE OF THE EASTERLY SIDE OF LAND NOW OR FORMERLY OF JOHN AND JOHN CALLAHAN AND THE NORTHERLY SIDE OF NORTH ROAD (C.R. 27); RUNNING THENCE FROM SAID POINT OF BEGINNING ALONG LANDS NOW OR FORMERLY OF CALLAHAN THE FOLLOWING TWO (2) GOURSES AND DISTANCES: 1.) NORTH 3 DEGREES 56 MINUTES 30 SECONDS EAST 170.00 FEET; 2.) NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 192.09 FEET TO THE OPEN SPACE AREA ON MAP OF CHARDONNAY WOODS AT SOUTHOLD, FILE NUMBER 8822; RUNNING THENCE NORTH 1 DEGREE 33 MINUTES 10 SECONDS EAST 1047.02 FEET; THENCE NORTH 1 DEGREE 48 MINUTES 56 SECONDS EAST 692.86 FEET TO THE SOUTHERLY SIDE OF SOUND VIEW AVENUE; THENCE ALONG THE SOUTHERLY SIDE OF SOUND VIEW AVENUE THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1.) SOUTH 70 DEGREES 30 MINUTES 35 SECONDS EAST 351.92 FEET; 2.) SOUTH 82 DEGREES 14 MINUTES 35 SECONDS EAST 365.31 FEET TO LAND NOW OR FORMERLY OF BETTINA CAiLOLA; RN THENCE ALONG SAID LAND AiN CONTINUING ALONG THE AGRICULTURAL RESERVED AREA ON MAP OF WILDBERRY FIELDS MAP NUMBER 10641, SOUTH 2 DEGREES 15 MINUTES 20 SECONDS WEST 1630.56 FEET; THENCE NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 170.56 FEET; THENCE NORTH 3 DEGREES 56 MINUTES 30 SECONDS EAST 10.00 FEET; THENCE NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 158.00 FEET; CONTINUED d PAGE 2 THENCE SOUTH 3 DEGREES 56 MINUTES 30 SECONDS WEST 170.00 FEET TO THE NORTHERLY SIDE OF NORTH ROAD (C.R. 27); THENCE ALONG THE NORTHERLY SIDE OF NORTH ROAD (C.R. 27) NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 146.53 FEET TO THE FIRST ABOVE MENTIONED DIVISION LINE OF LANDS NOW OR FORMERLY OF JOAN AND JOHN CALLAHAN AND THE POINT OR PLACE OF BEGINNING. ' and/or reg~ations may thereafter be rised, amended, or - ~ promulgated. 4. 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 my any other remedy in equity 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. 5. 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 a vote of a majority plus one of the members of the Planning Board. 6. 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 be held to 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. F anco Purita Cl dia Purita ~i?I}- ~ ~ ~ ~~L~ I~F A G- State of New York ) ~ ~ County of Suffolk ) ' On this day of August, 2005, before, the undersigned, personally appeared FRANCO PURITA, personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of ~ which the individual(s) acted, executed the instrument. Notary Public MARGARET C.RUTKOWSKI Notary Public, State of New York Na. 4982528 Qualified in Su~foik Count r~ a,,..~.o~ .i~~.,o a r,n -7 STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, 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 A COURT OF RECORD) DO HEREBY CERTIFY T T I HAVE COMPA1~ED THE ANNEXED COPY OF DEED LIBER AT PAGE (059 RECORDED 8 - OS AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEA.EOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS a ~ DAY OF (Zc,<.~y ~ CLERKOO ,z-osa.,~,~,