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DECLARATION OF COVENANTS AND RESTRICTIONS made this >,5th day of
November, 1961 by WOODHOS.LOei PROPERTIES, INC., a domestic corporation having
its office at 3 Glen Lane, Glenwood Landing, Nassau County, New York, hereinafter
called the ^Declarant~~, WITNESSETHs
WHEREAS the Declarant is now the owner ist fee simple of all lots on a
certain map entitled ~~Map of Orient-By-The-Sea, Section 2, situate at Orient
Point, Town of Southold, Suffolk County, New York, by Otto 1rJ. Van Tuyl & Son,
Licensed Land Surveyors, Greenport, Inng Island, New York,~~ filed in the Offic®
of the Clerk of Suffolk County e¢i Gctober 26th, 1961 under file 341J1t A.B.S. #3840
and
WHEREAS the Declarant intends to develop the aforesaid premises as a
planned community comprising of single family detatched dwellings of a general
New England Colonial, Cape Cod and Long Island Farmstead architectural character
and design; and
WHEREAS the Declarant intends to grant and convey said premises and
portions thereof to various purchases; and
WHEREAS the Declarant is desirous of subjecting the whole of said
premises and every portion thereof to certain conditions, covenants and restric-
tions for the purpose of conserving property valuoa and promoting the general
welfare oi' residents of the area,
NOW, THERE~'CRE, the Declarant declares that the aforesaid premises and
every porti~ thereof be and the same hereby is held and shall be conveyed
subject to the conditions, covenants and restrictions hereinafter set forth, and
each and every prospective purchaser of said premises or portion thereof by the
acceptance of a deed theroto covenants and agrees that the premises so purchased
shall be held subject to the following conditions, covenants and restrictions,
to wits
FIRST - No building and/or structure of any nature or description shall
be erected or maintained upon any lot having an area of less than 20,000 square
feet, with a miniemm width of 100 feet at the house ],inc.
SECOND - No part of any building and/or structure, except uncovered
steps, stoops, terraces, patios and chimney breasts shall be located upon ar~v
lot within forty (!t0) feet of thn front street line of the lot nor xithin
fifteen (15) feet of any side line of the let, nor within thirty (30) feet of
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the rear line of the lot, except that in the case of a corner lot a building
shall be required to comply with the front yard restrictions on one street
front only provided, however, that the width of the side yard abutting on the
street other than that upon which the lot fronts shall be not leas than
thirty (30) Peet.
THIRD - Each lot shall be used for private residential purposes only
(or as a professional office of a physician or dentist resident therein) and ao
building and/or structure of any nature or description whatsoever shall be
erected, altered, placed or maintained thereon except one detached single
family dwelling not to cxceed two and one-half (2-1/2) stories in height, and
an attached garage. A garagc connected to the dwelling by an overhead trellis,
pergola, breezeway or porch roof shall be deemed attached. All one story
dwellings shall provide not leas than 1000 square feet of usable floor area and
all one and one-half and two and one-half story dwellings shall provide not less
than 700 square feet of usable floor area on the first floor or ground level.
FOURTH - No separate or detached garage, out-house, outbuilding, barn,
shed or other structure of whatsoever kind or nature shall be erected, placed
or maintained upon any lot.
FIFTH - No trailer, basement, tent, shack or garage shall be ®rectad,
placed or maintained on arty lot for use as a residence either temporarily or
permanently.
SIXTH - No signs of any kind, other than the usual small professional
signs shall be erected, maintained or displayed to the public view on any por-
tion of the land or buildings without written consent of the Declarant, and they
only upon such conditions as the Declarant may specify. This provision, however,
shall not include signs used by the Declarant or its successors and assigns.
SEVENTH - Fences, whether fabricated or growing, shall not exceed four
(1~) feet in height.
EIGHPH - No title to land in any street opened or laid out by the
Declarant is intended to be conveyed to purchasers of at;y lots and the Declarant
reserves to itself the fee o! all land lying in the bed of any and all such
streets, and further reserves to 9.taelf the right to convey to any municipal
authority all of its right, title and interest in nay part or a17. of such
streets, should the Declarant at a~ time deem it expedient to do so.
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NINTH - The exterior architectural features of aqy and all buildings
and/or structures shall be that of flew England Colonial, Cape Cod or Long
Island Farmstead character and design, or of any other design approved by the
Declarant or assigns.
TENTH - No buildings and/or structures of any nature or description
shall be erected, nor shall erection be commenced, nor shall any exterior alter-
atiaria upon or additions to any existing buildings and/or structures be under-
taken unless and until all plans, specifications, building elevations, site
plans and other information deemed necessary to determine the suitability and
appropriateness of the exterior architectural features and design of the
proposed buildings and/or structures have been first approved in writing by the
Declarant, his successors or assigns. All exterior construction, painting and
grading shall be completed within one (1) year after commencement of constructirn.
ELEVENTH -The Declarant shall have and hereby reserves the right,
without the consent of any oimer, mortgagee or other lienor, to give consents,
to enter into agreements and grant easements in perauity to electric light,
telephone, gas, water and other public utility companies or any municipal or
governmental authority to erect, install and maintain telephone and electrio
light poles, subsidiary pipes, wired, cables, appurtenant apparatus and equipment
in, over, through, under, upon and along the property lines of any plot or lot
now or hereafter laid out upon said premises for a distance not exceeding ten (10)
feet i.n xidth, and in, over, through, under, upon and along any street, right of
wqy or other thoroughfare now or hereafter laid out upon said premises and as
more particularly shown on the aforesaid map of Crient-Sy-The-Sea, Section 2.
TWELFTH -The Daclara~., his successors and assigns, whether or not
owning any part of the aforesaid premises and without the consent of any owner,
mortgagee or other lienor, shall have and hereby reserves the right to alter,
modify or annul, in whole or in part, and as to any lot or lots of the whole oi'
the aforesaid premises, at any time and from time to time, any or all of the
conditions, covenants and restrictions set forth in this Declaration.
THIRTEFI~]TH -The Declarant, his successors and assigns shall have and
hereby reserves the right to assign, with or without a conveyance of title to
any part of the aforesaid premises any er all oY the rights and powers of the
Declarant hereinccontained, by an instrument in recordable form, and the assignee
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thereof, whether or not such assignee have title to az~y part of the aforesaid
premises, shall have the same rights and powers and be subject to the same
obligations and duties as are reserved by and given and assumed by the Declarant
hereunder.
FOURTEENTH -The Declarant reserves to itself, its successors and
assigns the beach and water front located at the northeast corner of the
premises designated „Reserved Property Owners Beach° on the map of Orient-By-
The-Sea, Section 1, filed in the Office of the Clerk of the County of Suffolk,
for the use and enjoyment of all purchasers of said premises or portions thereof
under such regulations as may from time to time be reasonably established by
the Declarant, its successors and assigns; and ever;} Prospective purchaser of
said premises or portions thereof by the acceptance of a deed thereto, Tor
themselves, their successors and assigns, covenants and agrees that the premises
conveyed by such deed shall be subject to an annual charge in such an amount as
shall be fixed by the Declarant, its successors and ass3.gns, not, however,
exceeding in any year the stun of Four Dollars 04.00) per lot lOC feet by 125
feet. The assigns of the Declarant may include a properties ownera~ association
that may hereafter be organized i'or such purposes referred to in this paragraph,
and in the event that such association is organized, the, sums referred to in
this paragraph provided. shall be payable to such associations. :very such
purchaser, their successors and assigns covenants and agrees that they wi17. pay
the aforesaid charge to the Declarants its successors and assigns, on the first
day of May in each and every year, and flirther covenants that said charge shall,
on said date in each year, become a lien on the land and shall be such lien
until Yully paid, and the Declarant, its successors and assigns shall have the
right and power to bring a]:L actions Yor the collection of said charge and to
enT'orce the lien thereof. Such charge shall be devoted by Declarant, its
successors and assigns, to the payment of taxes and the maintenance of the said
beach and waterfront.
FIFTEENTH -This Declaration shall be binding upon, inure to the benefit
of and be enforceable by the Declarant, its successors and assigns, and (Subject
to the right oi' the Declarant, its successors and assigns, to alter, modify or
annul this Declaration as set forth in Paragraph Txelfth) actV owner or vvners
oY any oY the aforesaid premises, their heirs, legal repreaentativea, successors
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and assigns; and the failure by amy of the foregoing to erri'orce any of such
conditions, covenants and restrictions shall izz no event be deemed a waiver of
the right to do so thereafter.
S1Y.TisENTH -The foregoing conditions, covenants and restrictions shall
be construed as real covenants running wit}: the land and shall cease and termin-
ate on the 26th day of October 14'?i. However, the Declarant, his successors
and. assig~rs, may renew and extend the same for successive periods of five (5)
years each by an instx~rment• evidencing; such intention and recorded in the office
c;f the Clerk oi' the County of St.tffo.Lrc prig to any expiration date,
SEVENC~a1TH 7nvalidatiori o1' arty of the aforesaid conditions, covenants
and restrictions by ,judgment or order of a court having jurisdiction thereof
shall in no wise affect any of then remainzstP provi.ai;mrs t~srPn~f which shall
remain in full force and ef`feot,
iN 'rTI'TPJi`SS 'sTH1~:.REOE' said T..7ecla.:ra:it, has set his hand and affixed his seal
the day and year first, ahcve, written.
WuODHOLLOW YROPk~TI".S, INC.
(Sib ed) "rlalter Uhl
Vice President
STATE Or' NE4d YORK, )
5:7..
COUrity Of NASSi1ii )
On this 15th da, of November 1961 before me came l=falter Uhl, to me knorar
who being by me duly sworn, did depose and say that he resides at Split Rock
Road (no number), Syosset, Pdassau County, Plex York; that he is the Vice President
of WOUDHOLLOW 1'ttOY~tTI1:5, a[C., the corporation described in and which executed
the foregoing instrunent; that he knows the seal of said corporation; that the
seal affixed to said instrument is such aorporate seal; that it was so affixed
by the vrder of the board o`i directors of said corporation, and that he signed
his name thereto by like vrder.
(~ieve~~.GraGO.H~.~lv~~.......,.,.
Notary Public
Page 2 - Southold Town Board
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"NOW THEREFORE BE IT RESOLVED that the subdivision to b~
known as "Orient-By~The-Sea, Sectim Two," consisting of 68.00
acres and owned by Woodhollow Properties, Inc. be approved on
I the basis that if dedication of the highways to the Town of
Southold is not completed within 90 days from this date performance
I bond for their completion will be required.
"This plat is bounded and described as follows: Beginning
at a point on the westerly line of land of the applicant and the
easterly line of land of Joseph Moisa at a point about 300 feet
northerly along said line from the northerly line of Main or State
Road; running thence along land of Joseph Moisa northerly about
1870 feet to land of Walter Milliss thence along said land of Walter
Millis, three courses, as foIlows: (1) northerly 75 feet; thence
(2) easterly 100 feet; thence (3) northerly about 250 feet to Long
Island Sound; thence easterly along said Long Island Sound about
800 feet to a point about 130 feet westerly from the northwesterly
corner of Lot Number 24 as shown on "Map of~Orient By The Sea
Section One" filed in Suffolk County Clerk's Office November 21,
1957 as Map No. 2777; thence southerly along other land of the appli-
cant about 260 feet to a point on the northerly line of Sound View
Road about 110 feet westerly from the southwesterly corner of said
Lot Number 24; thence southeasterly on a diagonal line across said
Sound View Road about 55 feet to the northwesterly corner of Lot
Number 25 on said maps thence southerly along the westerly line of
said Lot Number 25, 146.26 feet; thence in a general easterly direction
along the southerly end of lots numbers 25 to 33 inclusive, about
800 feed thence in a general southerly direction along the westerly
end of Lots numbers 34 to 43 inclusive and across two unnamed 50
foot strips and then along the westerly line of Lot Number 4, a total
of about 1300 feet; thence westerly along the northerly line of Lot
Number 2, thence across Plum Island Lane and then along Lot Number 1,
about 430 feet; thence southerly along the westerly line of said
Lot Number 1, thence across Park View Lane and then along other land
of the applicant, about 400 feet to the northeasterly corner of land
of Edwin H. K1nq; thence westerly along said land of Edwin H. King
about 500 feet to the northwesterly corner of said King's land; thence
southwesterly along other land of the applicant about 520 feet; thence
westerly along other land of the applicant about 110 feet to the point
of beginning.
"Vote of the Board: Ayes - Mr. Wickham, Mr. Moisa, Mr. Grebe,
Mr. Young, and Mr. Unkelbach."
Respectfully submitted,
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John Wickham, Chairman
~C' E%- Southold Town Planning Hoard
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