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Home My WebLink AboutL 12743 P 394 1111111111111111111111111111111111111111111111 I I I 11111 11111111111 I I I I 1111111 f l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/09/2013 Number of Pages: 8 At: 09:06:14 AM Receipt Number : 13-0112902 LIBER: D00012743 PAGE: 394 District: Section: Block: Lot: 1000 128.00 06.00 001.000 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 $60.00 NO Fees Paid $145.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 0?2 RECOP..DE6 Number of pages ~ 21013 SeP 09 09,06:14 AM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00012743 Social Security Numbers P 394 prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps F 3 FEES Mortgage Amt. Page /Filing Fee 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 Dual Town Dual County R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Mansion Tax Affidavit "I F) The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00~ family dwelling only. Sub Total YES or NO Other _ Grand Total 5~ ODD If NO, see appropriate tax clause on page # of this instrument. 4 Dist. 1000 Sartinn 129 Rlnrlr A i*. 5 Community Preservation Fund Real Property 2565579 1000 12800 0600 001000 Consideration Amount $ ? T Service Agency P T S IIIIIIIIIIIIIIIIIIIIIIIIIIIII I~IIIIIIIIII R DTY CPF Tax Due $ Verification A 06SEP-13 Improved Satisfacti. G RECORD & RETURN TO: Vacant Land PATRICIA C. MOORE ESQ. TO 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.s uffolkco untyny. gov/clerk Title # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) ALAN FIDELLOW, BETH FIDELLOW, JUDITH The premises herein is situated in A. FIDELLOW, BARBARA VERCOLLONE SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLETof MATTITUCK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this '5 day of August, 2013, by ALAN FIDELLOW, residing at 75 Granite Springs Road, Yorktown Heights, NY, BETH FIDELLOW, residing at 6 Ainsworth Road, Winchester, MA, JUDITH A. FIDELLOW, residing at 11067 Old Castle Road, Valley Center, CA; and BARBARA F. VERCOLLONE, residing at 26 Red Fox Lane, Brewster, NY, as owners, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at4030 Peconic Bay Boulevard, Mattituck, Town of Southold, Suffolk County, New York, SCTM 1000-128-6-1 said land being more particularly described in Schedule "A" which is attached hereto; and WHEREAS, the Property is situated in or adjacent to lands activities upon which are regulated by the Town of Southold Board of Trustees pursuant to Chapter 275 of the Town Code of the Town of Southold, as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS, the Declarant has applied to the Town of Southold Board of Trustees for a wetland permit to renovate and expand upon the existing single family dwelling and for the existing deck attached to the dwelling, as depicted on the survey prepared by Peconic Surveyors, PC, last dated December 22, 2011 and stamped approved on January 24, 2012. WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, required certain covenants and restrictions be placed on the property as shown on the aforesaid plans. NOW, THEREFORE, this Declarant witnesseth: That Declarant, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. The non-turf buffer area between the top of the bank and the bulkhead is to be maintained; and as depicted on the survey prepared by Peconic Surveyors, PC, last dated December 22, 2011 and stamped approved on January 24, 2012. 2. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Town of Southold Board of Trustees after a duly noticed public meeting. Adjoining property owners shall be entitled to notice of such public meeting by publication or as otherwise deemed sufficient by the Board of Trustees but their consent to such modification shall not be required. 3. It is the responsibility of any party having any right, title or interest in the Property to consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and such approvals as may be required by Chapter 275 for activities regulated therein on the Property. 4. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. THE FOREGOING covenants and restrictions shall hind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. ALAN E. FIDELLOW TH A. FIDELLOW PDITHIDELLOW BARBARA F. VERCOLLONE State of New York ) Qn ss: County of A &NATn On thisAMay ofd, 2013, before, the undersigned, personally appeared A, F. V2ic.eo JO-A C, 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. 2~ ` Notary-Public I aASCARELLl n'~' tan ryCr~; .:t Nevi y Note ~sac S O0INewYc<v Svc f1EAA8~88081cWtv- +...,;r,~ g~Jrr,Court Qunli$gd in Prmrem c:; n. i xpi, ~S Jtre 2, 2012 Tartu EWrM Jere 2, 20 lb State of New York ) ss: County of Pur 4q, - 1,~ r On this7 day of I` , 2013, before, the undersigned, personally appeared 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. i Notary Public dnv. ~ y -Oe o 4-x74 (Out of state acknowledgment) STATE OF M,4 ss.: COUNTY OF r~a[cl~-~S'~ On the 966 day ofX ccSf 2013, before me, the undersigned, personally appeared (3 e A • Fr7e 11c? 64-) personally known ta4ao-ef 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 and that such individual made such appearance before the undersigned in the GcJ roc v~ , / „ . (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.). Notary Public FMyc NDA ANN PO POVIC ubk c«~ Of anumsron S iren 5eptembw (Out of state acknowledgment) STATE OF C-4 ss.: COUNTY OF S40f~ ttj e) On the 141 day of WAOUY 2013, before e, the undersigned, personally appeared 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 thaThe executed the same in ki`a'pacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned in the Gl?etr, G4 . (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.). Notary Public r' C 9 7//aC4'0/ r1tl~ou/t~ ~ ALL-PURPOSE ACKNOWLEDGMENT State of California County of SS. On zf&Q a S/ M, 2-013 , before me, Notary Public, - r DATE ' personally appeared ,10A&4? , who proved to me on the basis of satisfactory evidence to be the person) whose name(g) is/art subscribed to the within instrument and acknowledged to me that lie/she/tkey executed the same in his/her/thdr authorized capacity(ies , and that by hislherltltc'ir signature(,} on the instrument the personkst), or the entity upon behalf of which the person(s~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CURTIS DANIELS to r~ Comm. PUBLSCCALLIFORNIA WITNESS my hand and official seal. r SAN 01Eao COUNTY MY COMM. EXP. MAR. 3T, 2a1Si J N TARY'SSIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN- FACT TRUSTEE(S) NUMBER OF PAGES GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER SIGNER (PRINCIPAL) IS REPRESENTING: ;NAME OF PERSON(S) OR ENTITY(] ES) 72 RIGHT C THUMBPRINT OF SIGNER o a r° 01/2008 All of that certain plot, piece.or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, said parcel being more particularly bounded and described as follows, to wit: BEGINNING, at a point oh the southeasterly side of Peconic Bay Boulevard, distant 432.4 feet as measured in a southwesterly direction from the division line between lands now or formerly of Van Brunt Tandy and Elizabeth Tandy, his wife, and lands now or formerly of Frederick Russell; RUNNING THENCE from said point and place of beginning along lands now or formerly of Anna Marie Dogherty'and lands now or formerly of McAllister, South 15 degrees, 10 minutes, 00 seconds East a distance of 535.69 feet to a .point and the mean high water mark of the Great Peconic Bay; THENCE along a tie line South 26 degrees, 54 minutes, '50- seconds West a distance of 118.57 feet to a point and the mean high water mark of the Great Peconic Bay; THENCE North 15 degrees,'16 minutes, 00 seconds West along lands now or formerly of Corydon and Sealy a distance of 551.46 feet to a point and the southeasterly line of Peconic Bay Boulevard; THENCE North 32 degrees, 54 minutes, 20 seconds East a distance of 108.10 feet to the point and place of the beginning. SAID PREMISES known as 4030 Peconic Bay Boulevard, Laurel, New York. TOGETHER with the appurtenances and all the estate and rights of the parties of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part', and their heirs, successors and assigns forever. r