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Home My WebLink AboutL 12745 P 449 f Illllll lIll 1111111111 Ilflf IIIII Illll IIIII VIII Ifll IIII 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/23/2013 Number of Pages: 7 At: 10:48:08 AM Receipt Number : 13-0120140 LIBER: D00012745 PAGE: 449 District: Section: Block: Lot: 1000 112.00 02.00 002.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 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 $8.75 NO RPT $120.00 NO Fees Paid $203.75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Fa Number of pages RECORDED 2013 Sep 27, 10:48:03 AM JUDITH R. PASCALE This document will be public CLERK OF record. Please remove all SUFFOLK: COUNTY Social Security Numbers L D00012745 P 44? prior to recording. Deed /Mortgage Instrument Deed / Mortgage Tax Stamp Recording./ Filing Stamps 3 FEES Page / Filing Fee C/ Mortgage Amt. Handling 20. 00 1- Basic Tax 2: Additional Tax _ TP-584 Sub Total _ Notation SpecJAssit. 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 _ Affidavit Mansion Tax Certified Co 1) The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 - Sub Total family dwelling only. Other YES or NO Grand Total 610'6 If NO, see appropriate tax clause on page # of this instrument. 4 Dist. j~ 2575626 10 5 Community Preservation Fund Real Property P T S I Illill IIIII IIIII f ~I IIIII VIII III IIII III Consideration Amount $ Tax Service R POL A Agency 20SEP-13 CPF Tax Due $ Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD & RETURN TO: Vacant Land TOu/N OC So,-77&m AuNEx- 44mo 10A!5Y.4770,V TD R.0 , SOX 1/79 TD . j[47V0 b, NY 119 71 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 37z u -k7- ~~r www. s uffol kco u ntyny, gov/clerk -Co. 4ame Title # JZII J6 NO 8 Suffolk Count R.ecordin & Endorsement Pa 2e This page forms part of the attached 1~~~lJ3tA7-IRA/ d F' 66 fCAMArs] 9Nlf s~~rna rcc made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in. SUFFOLK COUNTY, NEW YORK. TO In the TOWN of I-J In the VILLAGE or HAMLET of f177"77Z1G BOXES 6 THRU 8 MUST BE TYPED 12 PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104-1010ekk (over) pT S R POL A ~ Doc ID: 13025834 0-SEP-13 Tax Maps District Secton Block Lot School District Sub Division Name 1000 11200 0200 002000 1000 11200 0200 001002 .k r w. J/ ,r f r E r~' aI wqo STEWART TITLE INSURANCE COMPANY 707 Westchester Avenue, suite 411 White Plains, NY 10604 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this /Ott day of September, 2013, by MACARI FARMS, LLC, hereinafter referred to as the "DECLARANT"; as owner of the premises designated as part of SCTM #1000-112-2-1 (Parcel 1) and #1000-112-2-2 (Parcel 2) and shown on a survey prepared by John C. Ehlers Land Surveyor dated March 4, 2013 and last revised April 5, 2013, a reduced copy of which is attached hereto and made a part hereof, and a portion of which is designated as the " Reserve Area" and described in the metes and bounds description attached hereto as Schedule "A" and made a part hereof, hereinafter referred to as the "Reserve Area". )ec 156 lBeR en Au ~ r ma M,4 ucK WITNESSETH: n? in5o WHEREAS, DECLARANT is the owner of certain real property situate at 950 and 1350 Bergen Avenue, Mattituck, in the Town of Southold, County of Suffolk and State of New York, (the "Property"); and WHEREAS, the DECLARANT has granted to Town of Southold a Development Rights Easement dated September 10, 2013 for part of SCTM #1000- 112-2-1 and all of #1000-112-2-2; and SEE SCAAW-bUL6 e> WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board") has deemed it in the best interests of the Town of Southold (the "Town") and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Reserve Area, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Reserved Area shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit. 1. Grantor shall not make an application for subdivision or for any other relief from the Town of Southold that would allow the subdivision of the Reserve Area from the area of Parcel 1 which is subject*to the Development Rights Easement (the "Easement Area") unless the Reserve Area is merged with SCTM #1000-120-5-1; and 2. SCTM #1000-112-2-1 and SCTM #1000-112-2-2 (Parcel 1 and Parcel 2) may remain as two separate parcels on the Suffolk County tax map, and two single and separate parcels under the Town Zoning Code. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and 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. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies 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. 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. This 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. This Declaration shall run with the land and shall be binding upon DECLARANT, 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 premises unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. 2 IN WETNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: MACARI FARMS, LLC By Bergen Road orner Trust, Member By. seph Macari, Jr., C ustee Cam.-. . -4 \ ~C'%~A By: Diane Macari, Co-Trustee STATE OF NEW YORK} SS.: COUNTY OF SUFFOLK} On the 164 day of September in the year 2013 before me, the undersigned, personally appeared Joseph Macari, Jr., personally known to me or proved 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 signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. r~lOlrt _ ~ ~ Y PATRICIA L. FALLOIV Notary Public Notary Public, state Of New York No. 01 FA4950146 Qualified in Suffolk County STATE OF NEWYORK} Commission Expires April 24, ,SDI S SS.: COUNTY OF SUFFOLK) On the ID-day of September in the year 2013 before me, the undersigned, personally appeared Diane Macari personally known to me or proved 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 signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that.such individuals made such appearance before the undersigned. PATRICIA L. FALLON Notary Public Notary Public, state Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, o2v 3 SCHEDULE A RESERVE AREA ALL that certain plot, piece or parcel of land, 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 easterly side of Bergen Avenue distant 490.07 feet southerly from the comer formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE North 72 degrees 31 minutes 40 seconds East 408.62 feet; THENCE South 17 degrees 28 minutes 20 seconds East, 217.00 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 412411995; THENCE along said land South 72 degrees 31 minutes 40 seconds West, 394.33 feet to the easterly side of Bergen Avenue; THENCE along said street North 21 degrees 14 minutes 20 seconds West, 217.47 feet to the point or place of BEGINNING. ALTA OWNER'S POLICY (6/17106) SCHEDULE b DESCRIPTION File No.: ST12-16140 Policy No.: 0-8911-620992 PARCEL I --1000-112.00-02.00-001.000 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00 seconds East 670.24 feet; THENCE South 21 degrees 03 minutes 50 seconds East 777.54 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, filed 412411995; THENCE along said land, South 72 degrees 31 minutes 40 seconds West 274.45 feet to the Reserve Area; THENCE North 17 degrees 28 minutes 20 seconds West, 217.00 feet; THENCE South 72 degrees 31 minutes 40 seconds West, 408.62 feet to the easterly side of Bergen Avenue; THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West 490.07 feet to the corner aforesaid at the point or place of BEGINNING. PARCEL 11 -1000-112.00-02.00-002.000 ALL that certain plot, piece or parcel of land, 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 southerly side of Bergen Avenue distant 670.24 feet easterly from the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue; RUNNING THENCE North 66 degrees 32 minutes 00 seconds East along the southerly side of Bergen Avenue 822.00 feet to lands now or formerly of Pindar Associates; THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold, South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. 1 as shown on Subdivision Plat of Thorton Smith, Section One, Fled 412411995; THENCE along said land South 75 degrees 24 minutes 50 seconds West 824.90 feet; THENCE North 21 degrees 03 minutes 30 seconds West 777.54 feet to the southerly side of Bergen Avenue, at the point or place of BEGINNING. z M' f I';~~h Jar ~ 4 i i eR t u~ hip.