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1'1' O' PW54
DECLARATION
DECLARATION, made the ~ day of July, ,!991, by .PORTE~R
J..GOSS and-MARY R. GOSS, both now residing at'3869 Gulf Drive,
Sanibel Island, Florida, and MICHAEL L. LAUGHLIN, now residing at
330 Kershaw Street, Aiken, South Carolina, hereinafter referred to
~otteO~ively as th~ D~l~arants.
lQ00 WH~REAS,~ the ~ D~clarants are the owners of certain real
property slltua~e at Fisher Island, Town of Southold, Suffolk
County, New Y'Ork, as shown on the map entitled '~Proposed Lot Line
Change - Properties of Porter J. and Mary R. Goss and Michael L.
Laughlin", prepared by Chandler, Palmer & King~ dated March 28,
'1990, revised 7 September 1990 and November 21, 1990, which map is
to be. filed in the Offices of the Town Clerk and the Building
Department of the Town of Southold, with the said Porter J. Goss
and Mary R. Goss being the owners of Block 27, Lot 6 a~ shown
~isTRIcT thereon and as more particularly described on Schedule A hereto
1000
~SECTION and the said Michael L. Laughlin being the owner of Block 27, Lot
5 as shown thereon and more particularly described on Schedule B
BLOCK
~ hereto; and
LOT WHEREAS, the Declarants have made application to the
016.000
~. Planning Board of the Town of Southold for approval of a lot line
~'~ ~change as shown on the above referred to map, to wit: the
~%%~--~'~ransfer of a .66 +/- acre parc~l as show~ thereon by t~e. o~er
~%?~?f/~ of Block 27, Lot 5 to the owners of Block 27, Lot 6, which .66 +/-
acre parcel is more particularly described in Schedule C hereto;
and
" 0
11306 455
WHEP~EAS, for and in consideration' of said granting of
~approval, the PlaNning' Board of the Town of Southold has deemed it
to be in theb~t'interes~s 'of the Town ofSou~ho~d and. the owners
and prospectiveowners of said Lots that the within covenants and
restrictions be imposed on said Lots, and as a condition of said
~ approval,., said Planning Board that the within
Declaration ~e recorded in the Office of the Suffo~lk County Clerk;
and
WHEREAS, the 'Declarants have considered the foregoing and
determined that the same will be for the best interests of the
Declarants and subsequent owners of said Lots;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the Declarants, for the purpose of carrying out the
intentions above expressed, do hereby make known, admit, publish,
covenant and agree that the said premises described on Schedule A
and Schedule B hereto shall hereinafter be subject to the
following covenants which shall run with the land and shall be
binding upon all purchasers of sai~ premises~ th~ir
executors, legal representatives, distributees, successors and
assigns, to wit:
1. That no Lot shall be subdivided or its lot lines
changed ~n any manner at any future date unless authorized by the
Town of Southold Planning Board.
2. That clearing and grading within each Lot shall be
limited to that necessary for siting and constructing a house with
the intent of preserving as much of the natural vegetation on the
2
site as possible, and to minimize stormwater runoff and erosion.
t~e foregoing, the Declarants and subsequent
owners ,of~ the, Lots shall be permitted to continue to tri~ a~d
cl'ear vegetation on the Lots so as to preserve the views from
their dwellings and otherwise to maintain the Lots in a neat and
~., ord[erly maDSler so iohg as they do so in, c mpl!anc~ with all 'Sta.%e
and ~ocal laws, ordinances, rules and regulations-then in effect.
3. That ne new residential structure or sanitary
disposal facility shall be constructed or otherwise located within
i00 feet of the shoreline of Fishers Island Sound.
4. That no st ormwater runoff resulting from the
development and improvement of the subdivision or any of its Lots
shall be discharged into the tidal wetlands bordering the Lots.
5. That these Covenants, and Restrictions can be modified
only at the request of the then owners cf the premises with the
approval of a majority plus one of the Planning Board of the Town
of Southold after a public hearing. Adjoining property owners
STATE OF NEVV YORK
SS.:
County of Suffolk
I, EDWARD P. ROMAINE. Clerkofthe Countyof Suffolk and Clerk ofthe Supreme Cour~of the State
qf New York in and for said County (said C,.(~ r t bei n..cl a Co~uJ~,Record) DO H E R EBY CERTI FY that
I have compared the anrzexed copy of .~,)~ , _ -
aha tnat ~t ~s a just and true,~opy of such original -',,~ ~-- and
of the whole thereof. ' /~'~ '"
IN TESTIMONY WHEREOF, Ihavehereuntoset[nyhandandaffixedthesealofsaidCounty
and Court this ;~ 0 day of ,~ ~ 19 p /
Form No. 104 ~6c/ Clerk.
STATE 07 ~H~ )
SS.:
c6UNTY OF~¢~Z )
On ~he ~-~ day of July, 1991, before me personally
appeared Po~cer ~. ~o~m and Mary R. Goss, to me'known and known to
me to. be ~he individuals described in and who 'executed the
f~r~going instrument and they
executed thesame.
' PubI lC
r ~ N0. 40065S9
STATE OF OOUTI] CAROT~NA )
COUNTY OF ~o~ ) ss.: T~mEx~WeS
On ~he ~ da~ of ~ul~, lggl, before me pe~sonall~
appeared ~iohael L. Laughlin, ~o m~ know~ ~nd kno~ ~o me ~o b~
~he individua~ d~crlb~d in and ~~/fo~'ego~ng
instrument and he acknowledged to me~
N0, 4806559
T~m ExRi~s
bui,ding
cotknt~ of suffolk and
aS: fOllOWs::
~ a ~nBm~nt on the said
5
· 0
SCHEDULE B
BLOCK 27- LOT 5
A Certain tract or parcel of land with thebu'lld~ngs.' thereon,
located at Fishers Island, Town of South~old, County of Suffolk and
State of New York, being bounded and described as follows:
-the~ce '
co. rv'e
73
'30
an~
~aid rQa~:' 1,~ne' foi{l';0wJ ng
34..7'8' :~'c' to' a .pqint;
20 sec<~nds:' E~mst 35.4.8~
57 'mi~uk~s a'nd 10
e North,"37' d~g~i, 00
a p,o i~.~t; thbnde .~Nort,h
43.24 Rfeet to
io~:~'d, road; t~enc~
seconds Eas~ ~,].'.96' :~eet. ~,long
right h~¥"l, ng a. radi~;s of
along ~a {:,d road 1 .| ne
oi£ 154.25~ ~eet to a
minutes and 10 .s~'ond}s Eas.t
1~< ro~d tk~ th~.pcint of kS~Jnnihg.
6
BCHEDULE C
PortioR ,of Blo~ Lot 5
Block 27 -
A certain tract or parcel of land with the buildings thereon,
l~cated at Fishers Island, Town of Southold, County of Suffolk and
State of New York~ being bounde~ and described as follows:
int Easterl road~ said ~point
of i~~ 874
79
iron
· line
of
"arc