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HomeMy WebLinkAbout1000-52.-2-13 ,r CC# : C14-3031 110 � f teff j. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, 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 01/27/2014 under Liber D00012761 and Page 470 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 01/27/2014 . SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL 1 2 • • Number of pages ip R[CORCD 2014 Tan 27 1.1.:45:10 AN JUDITH a. PASCALE CLERK of This document will be public surroLr, COUNTY record.Please remove all L D00012'761 Social Security Numbers r4c0 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 I 1 FEES Page/Filing Fee .30= fnh Mortgage Amt. ly' 1.Basic Tax Handling 20. 00 - 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. D— or EA-52 17(County) Sub Total D V Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. •11.-4-700 11O1�Ky-. Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00g 1` Transfer Tax ''gr 'l*) `� ; Mansion Tax Affidavit Certified Copy I can • �i-.�.o .. The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 520 family dwelling only. Sub Total YES or NO Other r t Grand Total 135.av If NO, see appropriate tax clause on page# of this instrument. 2655044 1000 05200 0200 01.3000 O(-(311 - 4 I Dist. PTS Ilmlp�III�III„II IpSI IIu 5 Community Preservation Fund Real Prope R SMI A iILIll IWIIIIHI IRI I®AI NIWI Tax Servict 24-JAN-14 Amount$ Agency CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land PATRICIA C.MOORE ESQ. TD 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.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION AND COVENANT made by: (SPECIFY TYPE OF INSTRUMENT) NICKART REALTY CORP. The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) 1 11 11111 MI 1 1111 11111 1 1111 11111111 11 111 II 1 11 1111 11111 11111 IIII II II SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/27/2014 Number of Pages : 6 At: 11 :45 : 10 AM Receipt Number : 14-0009334 LIBER: D00012761 PAGE : 470 District: Section: Block: Lot: 1000 052 . 00 02 . 00 013 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .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 $135 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • S DECLARATION AND COVENANT THIS DECLARATION made the I3 'day of January, 2014, by NICKART REALTY CORP., a domestic corporation having its offices located at 775 Brooklyn Ave., Baldwin, New York 11510 hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Southold, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a minor subdivision application entitled, "Standard subdivision of Nickart Realty", as shown on map entitled "Final Plat for the Subdivision of Nickart Realty Corp" prepared by Peconic Surveyors, Inc., dated February 10, 1998 and last revised on July 31, 2008, and Map of part of Old Cove Bolevard as widened and improvement plan prepared by Peconic Surveyors, Inc., dated October 22, 2009 last revised November 16, 2009, as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That 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 following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: a. There shall be no direct access, curb cuts or driveways from or to County Road 48 from Lot 1 and Lot 2. b. There shall be no changes to any of the lot lines without Planning Board approval. c. Pursuant to chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on site. d. There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. e. The natural vegetated buffers for the property shall be 10' (feet) wide on the western property line running N. 31 degrees, 40 minutes 50 seconds W. for 80.16' (feet) on the eastern property line running S. 31 degrees 40 minutes 50 seconds E. for 80.16' (feet) and on the southern property line running S. 61 degrees 59 minutes 10 seconds W. for 367.71' (feet) and shall be 15' (feet) wide along the full length of the northern property line south of Middle Road (CR 48) running N. 61 degrees 59 minutes 10 seconds E. for 387.76' (feet). f. Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planting Board Native/Natural Buffer Planting Specifications (attached) following Southold Town Planning Board Approval. g. Maintenance of the natural vegetated buffer shall be limited to planting of approved plant species, pruning of vegetation and removal and replacement of dead or diseased vegetation to protect the safety, health and welfare of residents and property. h. The natural vegetated buffers described above shall remain in perpetuity. i. Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native / Natural Buffer Planting Specifications. j. There shall be a minimum of four(4) street trees planted along C.R.48 on the northern property line, with two (2) street trees planted on the NE corner of Lot 2 and NW corner of Lot 1 on C.R. 48. Street trees shall be native to Long Island. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be • • revised, amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. These 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 them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, 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 restrictive covenants 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 law. The failure of said agencies of the Town of Southold 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 made a part hereof, as though fully set forth herein. The within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. NICKART( TY CQi�p. BY: ‘A, C ' ----- NICK _-NICK PALEOS State of New York ) ss: County of )4n3Sai9 On this I day of January, 2014 before, the undersigned, personally appeared NICK PALEOS, 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. } .11 /. I _/ I aNotary Public -- AIME •MILLO NOTARY PURI�4 ATE OF NEW YORK QUALIFIED IN NASSAU COUNTY REG.#01JA6105288 MY COMM.Exp,FEB.09,20 110 • • SCHEDULE A IALL that certain plot,piece or parcel of land, r situate; • 'yingandbeinginthe.Town of Southold, . County of Suffolk and State of New York, bounded and described as -allows: !BEGINNING at a point formediby the.intersection of the southerly line iof Middle Road (North Road Co. 48,'figly Co.. Ra.- 27) and the,easterly side of a 20 foot private road known as:Beverly Road; said pointalso . being distant 880 feet westerly.when .measured. along the southerly side of Middle Road, from the westerly 'side of' Bayberry Lane, said point being the northeasterly corner of the,premisesherein described: RUNNING THENCE south 61° 59' 10" west along the southerly line :of-the Middle Road, 387:76 feet to a point: 'THENCE south 310 40' 50" .eaat, '9018..feet to a point in the center line of a 20 feet private road known as' Old Cove Blvdi THENCE north 61° 59' 10" east, along the center line of Old Cove Boulevard and parallel with the southerly line of Middle Road, 387.76 feet through said private road known. asBeverlyRoad to a point on the easterly side therof1 THENCE north 310 40' 50" west along the easterly side of Beverly Road 90.18 feet to Middle Road at the point of place of BEGINNING.