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Home My WebLink About1000-94.-3-1.6 suFFOr~t covNTY cLERx RECORDS OFFICE RECORDING PAGE Type of Inatrumeat: DECLARATION/DOP Recorded: 11/22/2006 Number of Pages: 6 At: 08:55:02 AM Receipt Number s 06-0112786 LIBER: D00012479 PAGE: 797 District: Section: Block: Lot: 1000 094.00 03.00 001.011 EXAMINED AND CHARGED AS FOLLOWS Received the Folloaiaq Fees For Above Instrumeat Exempt Exempt Page/Filing $18.00 NO Haadliaq $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 $50.00 NO SCTM $0.00 NO Fees Paid $98.00 THIS PAGE IS A PART OF TAE INSTRIIMLNT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County Serial # ~ Certificate # Frior Ctf. # Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3~ FEEs ~b3 MortgageAmL _ Page /Filing Fee 1. Basic Tax Handling 5• ~ 2. Additional Tax _ TP-584 Sub Total Spec./Assit. Notation - or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) i TOT. MTG. TAX Dual Town _ Dual County _ R.P.T.S.A. Held for Appointment Comm. of Ed. 5• ~ ~ ~ Transfer Tax _ AfSdavit • Mansign Tax The property covered by this mortgage is Certified Copy 5 - or will be improved by a one or two NYS Surchazge 15. 00 r~ family dwelling only. Sub Total /J~ yEg or NO Other ~ If NO, see appropriate tax clause on Grand Total ~J7w page # of this instrument. 4 Dist. looo o9aoo 0300 001011 g Commtuzity Preservatioa Fuad 1000 09400 0300 001012 Real Propert p T S Consideration Amount $ Tax Service R SFL A Agency t~_NOV CPF Tax Due $ Verification Improved Vacant Land 6 SatisfactionslDischazges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ~ Peconic Land Trust Incorporated ~ 296 Hampton Road PO Box 1776 TD Southampton, NY 11969 7 Lytle Com an Information Co. Name Title # 8 Suffolk Count Recordin & Endorsement Pa e This page forms part of .the attached~Pnta.-ar;Qn of C`nyonwnta F uostrictio:as made by: (SPECIFY TYPE OF INSTRUMENT) gam, cr,,,,- The premises herein is situated in STTFFIIi.K C t1TTN'f'Y NFW YORK WITNESSETH: WI3EREAS, the DECLARANTS are owners of certain real property situate at the Southeast terminus of Saundview Avenue in Mattituck, Town of Southold, Suffolk County, New York, more pazticulazly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANTS have made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a conservation subdivision, as shown on the Final Plat-Conservation Subdivision for Randy Shur prepared by John C. Ehlers Land Surveyor last dated September 16, 2006 which will simultaneously be filed in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed, and as a condition of said approval, said Planning Boazd has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANTS have considered the foregoing and have determined that the same will be for the best interests of the DECLARANTS and subsequent owners of said parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANTS; for the purpose of cazrying out the intentions above expressed, hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map 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, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots maybe subject to noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Fazmland Bill of Rights, of the Southold Town Code. 2) There shall be no further subdivision of Lot 1, in perpetuity. 3) The scenic/no structure area on Lot 2 as shown on the approved subdivision map shall remain free of all structures. 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 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. enturceaotc oy ittc iuwu ut avuuiuiu, Jta~c ui ivcw ruin, uy uyuuuivc icuca ui uy auy ~wci 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. Ai WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. 1 _ _ _ _ _ _ _ COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of, do .hereby certify that I have compared the annexej~ wi the ' ,y RECORDED in the office on 1~.~~.f~..~° on tnal. under LIBER l~.`1~.~ ................PAGE .7~?..7....and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I a hereunto et my h~~}}d and affixed the eal of said County and Court on this .~.~~....day of~..~l! 20 ~lP, CLERK. C~Rtd~.Z',~..Q ~tJ Not ublic: State of North Carolina >`P~ ~ Da~lr 7- i-aoro STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) / - On the ~ day of J ~ in the yeaz 2006 before me, the undersigned, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the u dividual 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. i - Notary Public: State of New York Alolry~ MNwrWk Cami~" 11ar. t~. Title No: ST-S-8046-SS Schedule A Description ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northeast corner of Soundview Avenue and from said point of beginning; RUNNING THENCE along land now or formerly of Diane Smith; 1. North 49 degrees 52 minutes 20 seconds East, 154.92 feet to lands now or formerly Sanford F. Hanover Family Trust; 2. North 57 degrees 08 minutes 50 seconds East, 208.72 feet along said lands to land now or formerly of Jorg Menger; THENCE along said land, South 26 degrees 10 minutes 50 seconds East, 2015.81 feet to land now or formerly of Allan Arieto; THENCE along said land, South 63 degrees 25 minutes 10 seconds West, 375.73 feet to land now or formerly of Robert G. Rowehl; THENCE along said land the following 4 courses and distances: 1. North 25 degrees 40 minutes 00 seconds West, 403.20 feet; 2. North 25 degrees 27 minutes 00 seconds West, 824.65 feet; 4. North 26 degrees 02 tninutes 10 seconds West, 222.82 feet to the Northeast comer of Soundview Avenue, the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises.