Loading...
HomeMy WebLinkAbout1000-86.-1-14CC #: C14-49071 R ;G COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 1, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 12/08/2014 under Liber D00012799 and Page 091 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12/08/2014 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 10 Receipt Number : 14-0161246 Recorded: 12/08/2014 At: 10:22:03 AM LIBER: PAGE: District: Section: Block: 1000 086.00 01.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $50.00 NO Handling COE $5.00 NO NYS SRCHG TP -584 $5.00 NO Notation Cert.Copies $6.50 NO RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL D00012799 091 Lot: 014.000 JUDITH A. PASCALE County Clerk, Suffolk County Exempt $20.00 NO $15.00 NO $0.00 NO $60.00 NO $161.50 JUDITH A. PASCALE County Clerk, Suffolk County L Number of Pi 961 y. A. F This document will be public record. Please remove all Soclal S6curlty' `Numbers prior to recording.' De gage, Instrument Deed /Mortgage;Tax,:Stamp F CIL-EIRK O Mortgage.Amt, Page / Filing Fee 1. Basic Tax Handling TP -584 Notation EA -52 17 (County; EA -5217 (State) R.P.T.S .A. Comm. of Ed. Affidavit Certified Copy . NYS Surcharge Other 5. 00 /,. Filing .Stamps 2. Additional Tax Sub Total` Sped./As§it. or Spec. /Add. TOT. MTG. TAX " Dual Town Dual County Held for Appointment . Transfer Tax - .. .,,�E •�I��,,�- Mansion Tax The property cover1.ed by, amortgage is "or ' will be. mprdved . by, a; ,one or two family dwelling only. 15. 00 Sub Total \ YES or: NO -- If NO, see' a pproprtte,'tax' clause on Grand Total page # of this instrument. 1000 08600 0100 014000 1 1 2842070 —" 4 Dist. opo O04-DEC-i I��I�IIIIIII 7 N IIII�IIIIIIIII IIIIII�IIIIIII II Real Property Tax Service Agency Verification 6 Satisfactions/Discharges/ReleasesList-Property Owners Mailing Address RECORD & RETURN TO: mc S Mail to: Judith A. Pascale, Suffolk County. Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Suffolk Co 7 Recordin CPF Tax Due $ c --On! "C' Fuad Improved Vacant Land TD TD TD ormation �j _1/ - & Endorsement This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) TO __T—/v • 7' u �1 o/c� The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of U 1 --- In the VILLAGE or HAMLET of BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK 0& VINLI rx1VA ry r%-vxkmu•%` �,� • u-u� (over) 12-0104..10/08kk DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 21s` day of November, 2014, by CHESTER SKWARA and DAVID SKWARA, AS CO-EXECUTORS OF THE ESTATE OF JOYCE SKWARA, presently residing at 200 Crawford Glen Ct., Greenville SC 29615 and 466 Penwood Dr., Edgewater MD 21037, respectfully, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on 3720 Wells Road, Peconic, New York (sctm: 1000-86-1-14), Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to subdivide said real property into 2 building lots as shown on the Subdivision Map entitled "The Estate of Joyce Skwara " (hereinafter "Filed Map"), prepared by Kenneth M Woychuk, Land Surveying, PLLC, last dated October 31, 2014; and WHEREAS, for and in consideration of the granting of said subdivision application for tax map parcel number SCTM# 1000-86-1-14 shown on the Filed Map, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no further subdivision, resulting in additional building lots, to any of the two (2) lots, as shown on the aforesaid Filed Map in perpetuity. No lot lines shall be changed unless authorized by the Town Planning Board. 2. Future owners of the lots on the approved Filed Map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 3. There is a 20 foot wide landscaped buffer on Lot 1 running along Wells Road North 59 degrees 45 feet 30 seconds West for 259.86 feet then running North 10 degrees 37 feet 28 seconds East for 20 feet then running South 59 degrees 45 feet 30 seconds East for 259.86 feet then running South 30 degrees 14 feet 30 seconds West to the point or place of beginning, as shown on the Filed Map. The existing 10 trees located in the landscape buffer on Lot 1 shown as "to be preserved" on the Filed Map are in lieu of the Street Tree requirement pursuant to §161-44 of the Southold Town Code, and shall be preserved into perpetuity unless hazardous to health, safety and welfare. 4. The existing 10 trees on Lot 2 shown as "to be preserved" on the Filed Map are in lieu of the Street Tree requirement pursuant to §161-44 of the Southold Town Code, and shall be preserved into perpetuity unless hazardous to health, safety and welfare. 5. New Utilities, including but not limited to electric, gas, telephone and television, must be located underground. 6. All stormwater run-off resulting from the development of any or all of the lots on the Filed Map shall be retained on site and shall be the responsibility of each lot owner. 2 • 7. The use of synthetic fertilizers, herbicides or pesticides on Lots 1 through 2 are prohibited: i. The use of native, drought -tolerant plants shall are required in landscaping said lots. ii. No fertilizers shall be utilized between December 15i and April 15` iii. Only organic fertilizers where the water soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. iv. A maximum of 1 pound of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 pounds per 1,000 square feet per year is permitted. V. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of Phosphorus in the product E.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicated it is necessary. vi. The application of lawn fertilizer on impervious surfaces is prohibited. Any fertilizer that is applied or spilled on impervious surfaces shall be immediately picked up. vii. The use of underground petroleum storage tanks are prohibited (except those with spill, overfill and corrosion protection requirements in place). 3 8. Driveways serving the lots on the Filed Map can be constructed of asphalt materials as long as stormwater controls are in place to retain stormwater runoff from the driveway on site. 9. Each of the lots shown on the Filed Map is subject to clearing restrictions as follows: Lots 1 and 2 - 50%, pursuant to Southold Town Code §240-49 Clearing. "Clearing", in this case for this property, is not intended to prevent or prohibit the replacement of native vegetation, which is hazardous to health safety and welfare. Non-native vegetation to Long Island, New York can be replaced with native vegetation. Trimming and pruning of the vegetation is permissible. Noxious vegetation occurring in the understory can be removed. 10. It is further agreed as follows: a. There is a 50% clearing limit. b. In the event that Southold Town Code §240-49 Clearing is amended to become less restrictive the amended code section shall apply and supersede these conditions. c. For Lot 1, the 50% of the lot to be cleared must be marked on a survey for Planning Department staff approval prior to a Building Permit being issued. d. After approval by the Planning Department, the clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any clearing or grading, pursuant to §240-49 D. e. Pre-existing cleared areas and trimming of trees (to maintain view sheds) shall not be deemed a violation. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under M • 0 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 Planning Board of the Town of Southold or its successor, following a public hearing. 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. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. 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. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked 5 or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT. By: CY24'45zi —AwVL41'-- By: Chester Skwara, Co -Executor David Skwara, Co -Executor &��ulkL STATE OF Nt"RT-H CAROLINA) COUNTY OF��ss:) ) On the, day of November, 2014, before me, the undersigned, personally appeared CHESTER SKWARA 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 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 ?v'e-P V) v f C , (Insert the city or other political subdivision and the state or country or other place the acknowledgrhent was taken.). Notary Public igotalyPubtk, State of ns My Commission WM rel or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: Chester Skwara, Co -Executor STA OF NORTH CAROLINA) ss:) COUNT OFNC&UP&k ) By:—!1 - �Q U-Kpkl. David Skwara, Co -Executor On the •Z.f\ER f November, 2014, efore me, the undersigned, perso al appeared CTER SKWARA persona known to me or proved to me on t satisfactory e to be the individual ose name is subscribed to the witinstrument aowledged to me that he xecuted the same in his capacity by his signahe instrument, the individ I, or the person upon behalf of individual ated the instrument and th t such individual de such appearanceh ndersignedinthe(Insert the city or l subd ision and the state or country or other pl a the acknowledgment was taken#4f ubllc R ly e basis of A that i the STATE OF MARYLAND ) p,,�,ss: COUNTY 0k- ee_ 1! 64- On the .2-1 day of November, 2014, before me, the undersigned, personally appeared DAVID SKWARA 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 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 de sch appearance before the undersigned in the (Insert the city or other political subdivision and the state or countryor other place th�knowledgme as t e Z ). i 1114,11 fotarv Public MID Title No. PAC -4187 Peconic Abstract, Inc. Schedule A Description ALL that certain plot, piece or parcel of land, situates lying oNew Yorand k, being In the Town of Southold, at P®conic, County of Suffolk bounded and described as follows: BEGINNING at a point on the northerly side of Wells Road distant 3650 feet, more or less, as measured along the northerly and westerly sides of Wells Road from the corner by the intersection of the westerly side of Wells Road with the southerly side of Main Road; said point of beginning also being where the westerly line of lands now or formerly of Cain intersects the northerly side of Wells Road; RUNNING THENCE westerly along the northerly side of Wells Road along a curve to the right having a radius of 207.1 feet a distance of 186.5 feet; RUNNING THENCE along the northerly side of Wells ands now North formerly of 59 degrees 45 minutes 30 seconds West, 259.86 feet to Peconic Land Trust; RUNNING THENCE along the last mentioned lands the following three (3) courses and distances: 1) Norah 30 degrees 14 minutes 0 seconds East 175 feet; 30 seconds East, 74.93 feet, and 2) South 59 degrees 45 minute 3) North 65 degrees 47 minutes 40 seconds East, 140.22 feet to lands now or formerly of Mehrman; RUNNING THENCE along lands now or formerly of Lehrman, now of Agria and now or formerly of Cain, South 21 degrees 21 minutes 10 seconds East, 339.05 feet to the northerly side of Wells Road at the point or place of BEGINNING.