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IP, Suffolk County Recording & Endorsement Page
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SUFFOLK COUNTY,NEW YORK,
TO1.
In ilia TOWN of Spr3-Ft'1nit4
In the VILLAGE
ar HAMLET of „.„...
ao9K- ,9e—
, DECLARATION OF COVENANTS AND RESTRICTIONS
DECLARATION`madc this ;..NI•duy of October, 1995, by FREDERICK A. BAUSER
and BERNARDINE NAUGHTON BAUISER (f/k/a BERNARDINE A, NAUGHTON),
residing at 450 Indian Neck Lane, Peconic, NY 11958, hereinafter referred to as the
"Declarant,"
WITNESSETH:
WHEREAS, the Declarant is the owner of real property In Peconlc, Town of Southold,
SutTolk County, New York known and designated as SCTM #1000-8641.7 ("Lot 1.7"), located
on the west side of Indian Neck Luna, comprised of 51,150 square feet, a metes and bounds
description of which is set forth on "Schedule A" annexed hereto and made a part hereof; and
WHEREAS, Suffolk County was the owner or property known and designated as SCTM
01000-86.4-1.9 t"Lot 1.9"), located on the west side of Indian Neck Lane, comprised of 24,720
square feet and situated in Peconic, Town of Southold,Suffolk County, New York, a metes and
bounds description of which Is set forth on "Schedule 13" annexed hereto and made a part hereof:
and
WHEREAS, the Suffolk County transferred to the Declarant the real property heretofore
designated Lot 1.9 by deed dated July 24, 1995, and recorded in the Office of the Clerk of
Suffolk County on August 7, 1993 at Liber 11736 page 308; and
WHEREAS, Lot 1.9 is designated as Park and Playground for the subdivision of Peconic
Bay Cove; and
WHEREAS, this proposed lot line change, to he known as lot line change for Frederick and
I3crnardinc Hauser, Is to merge a Lot 1.9 with the adjacent Lot 1.7; and
WHEREAS, the merger or Lot 1.7 with Lot 1,9 will result in a 75,870 square Soot parcel;
and
WHEREAS, the Southold Town Planning Board has agreed to (a) change the lot line to
merge Lot 1.9 with Lot 1,7 and (b) remove the Park and Playground designation from Lot 1.9
and replace it with a Scenic Basement designation provided that the following covenants and
restrictions arc imposed; and
WHEREAS, the Declarant agrees to the imposition of the covenants and restrictions
required bythe said Planning Board and in consideration of said approval hereby agrees to
u
restrict the use and enjoyment of Lot 1.9.
NOW, THEREFORE, it is declared that the said premises arc hereby held and shall be
sold and conveyed subject to the following covenants and restrictions:
1. There shall be no further subdivision of the 75,870 square foot parcel in
perpetuity.
2, All structures, including visually impeding fences (for example, stockade type
fences) shall be prohibited In the 24,720 square foot Scenic Easement; notwithstanding
anything herein to the contrary, non•vislrally impeding fonccs such as a "post-and-rail"
fence shall be permitted in the 24,720 square foot Scenic I asentent,
,' 3. Clearing and grading in the Scenic Easement shall be limited to that necessary for
' • proper maintenance and removal or diseased, decayed or dead material and noxious
plant species. '
4, These covenants and restrictions can be modified only at the request of the then
owner of the premises with the approval of the Planning Board of the Town of Southold
after a public hearing. Adjoining property owners shall be entitled to notice or such
public hearing but their consent to such modification shall not be required.
IN WITNESS WHEREOF, the Declarant has duly executed this Declaration on the day
and year first written above.
:RICKrcn^A. BA..S R t EEKNA INP NAUGHTONBAUSER
STATE OF NEW YORK, COUNTY OF SUFFOLK SSs
On the.2'4- day of October, 1995, before me personally came FREDERICK A, BAUSER &
BERNARDINE NAUGHTON BAUSER to me known to be the Individuals described in and
who executed the foregoing Instrument, and acknowledged that they executed sante.
Nota Public
(,r"ON ., 4 4
1
M v !r
COMMONWIALTH LAND TITLS INSURANCI COMPANY
TITLI NO,
BCHXDULS A
TNI PRINISIS IN WHICH THIS INSURID HAS THII KSTATI OR INTIREST COVKRRO SY THIS POLICY
ALL that curtain plot, piece or parcel of land situate, lying and being at Peconic, in
the Town of Southold, County of Suffolk and Stat. of New York, known and designated as
"Subdivision c i d
Lot No. 6 on a certain map entitled, subd kion Map of Pa on c ay cove, ew York"N
and filed in the Office of the Clerk at the County of Suffolk on March 4, 1143 as Map
No. 7139' said lot biting bounded and described as follows'
IIOINNXHO At a point on the westerly side of Indian Neok Lana distant southerly 417,02
from the corner formed by the intersection of the southerly side of Main (State) Road
and the westerly aide of Indian Heck Lanai
RUNNING THRNCI South iR degrees 00 minutes west, 341.0 feet,
MINCE South 24 degree. 00 minutes Seat, 110.0 feat,
WINOS North iS degrees 00 minutes last, 341.0 feet to the westerly aide of Indian Neck
Lane,
TKXNCI North 24 degrees 00 minutes Nest along said westerly side of Indian beak Lane,
110.0 test to the point or place of IIOZNNINO
2
• COMAONKttALTH LAND TITLK IN:iURANCR COMPANY
TITIt NO,
•
SC'HSDUt.6 B
Tilt PREKtitk4 TN 1.4111C11 'C111t 1N9URND IiAS TIIit KSTATS OK INTita1WI COVRRSD DY THIS POLICY
A44 that certain plat, pleoo or parcel of land situate, lying and being at Peconic, in
the Town Of Southold, County of Suffolk and State of Mew York, known and designated a.
th. Park & Playground Parcel as shown on 0 certain map entitled, "Subdivision Map of
peoonio flay Cove" and filed in the Office of Clerk of County of Suffolk on March 4,
1913 as Map No, 114%; asid Park i Playground Parcel being more particularly bounded and
deaoribed as follows,
SKOXNNINO at the northwest corner of the premiums herein described and the northwest
corner of Lot No, 6 on said map. the following two (2) courses and dietetic.. from the
corner formed by the intersection of the southerly side of Main (State) Road and the
westerly side of Indian Neck Lane'
1) South 24 digress 00 minutes Bast, 447,02 fest! and
2) South 44 degree■ 00 minutia West, 341.0 feat to the true point or place of
beginning,
RUNNINQ THkNCS from said true point or place of h.ginning South 24 degrees 00 minutes I
Sash, 160,0 fist?
T}ISNCS South 66 degrees 00 minutes Wait, 147.70 feel: to land now or formerly of
Koreleskil
TIISNC6 North 21 degrees 17 minutes 10 seconds Meet along Maid land now or formerly of
Koroleski, 160,11 Eesti
T11BNCI North 46 degrees 00 minutia Keit, 161,90 feet to the point or place of
SVOIHM140.
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