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Home My WebLink AboutDeclaration of Covenants & Restrictions I�I�IlII IIII lilll IIIII IIIII illli IIIII IIIII 11111 IIII IIII l fl�ll 1101 IIIII IIII IIII SIJFFOIIC COUNTY CLERK RECORDS OFFICE RECORDING PAGE Typl� of Iaatsu�eat: DECLARATION Recorded: 09/18/2012 Numbes af Pa�es: 8 At: 01:51:31 P� Aeceip� l�iumber : 12-0107374 � LISER: D00012705 PAGE: 527 Distriat: Seatioa: Block: Lot: 1000 015.00 09.00 008.001 ERAMII�TED AtdD CBARiGED AS FOLI.C�S Reaeived the Follv�iaq �'ses For Above Iastrument Facampt Exeatqat Page/Filiag $4�.00 NO Haadling $20.00 NO C08 $5.00 NQ N]C8 $RCBG $15.00 NO TP-584 $0.00 NQ 1Qotatioa $0.00 NO cert.Copies $10.00 No RP'r $60.oa No Fees Paid $15�.00 TAIS BAiGB I$ A PART OF TAE INBTRVMENT THI$ IS NOT A SILL JODI'P8 A. PA$CALE Coanty Clerk, Suffolk Couaty i { X �, 2 s � f�CORDEO '' NumberM pages 2012 S�p 18 OIsSl:31 PM " �UD[TH A. P115CIiLE CLER1: OF Thls document wlll be public SI�FOuc 1�ua�rv " record Please remove all ��12� � Soclal Securlty Numbers P S27 ; prlor to recording. �: ��9�� Deed/Mong�geTaxStamp Reco►ding/FIBngStamps . w �' FEES Psge/Filfnp Fee � � lk�icp�rt�e��Ama��k, «.�«.,,�..,..,,,,��,..�.�»,. t.8u�c Tax ��,�,, : HandUng �•� 2. Additlonal Yax TP-SB4 SubTotal � HOtadon � �� SpecJAuh• � �.�,..�� _ Of p EA-5217K�+nty1 , Sub�trs�l �SpcclAdd. `� EA-5217(State} 7DT.MTG.TAX �� R�P.T.SA. �� Duai Town Qual Counry `.. Held for Appolntment e Canm.of Ed. �� 7ranafer Tax � AMdavit o Mansion Tax �� '1��.�. The P►oPenY covered by tMs mort Is p CeniRed Copy� ��," 9+9e or wip be improved by a one a two NYSSurcherge �� q � � famllydwelllnponly, Sub Total � � �N� Other � Grand7�I�a�„„�_� If 1�.see aPProPda�e tax dause on �� Pa9e � InriNrttent. � � s � q p�,� i000 01500 ��! OOB001 A � S �munity�Nr��n�atl�wr fund � I Real Propen �T "� Consideradon Amount a ! Tax SQ�Wte �'DHO� � � CPF Tax Due S o Verl9flc�a ontf � � ' ; � ..�..,.w�.�.�..�. .i Improved � b � ��rN ha�C;��aP ��x+�s I�t Pr�,�r� � � ��' �1"�' Vacant land �� . '��rr�"t �� t��:.'� � ' � �� ,L�P T0 �� "��'k�. �� m� � ��+.�� "� �1"�'��r rr� �"�� M�il ta ludkh a Pascal�,Suffdk Caunty Clerk 7 71t1e+�+�rn��n�Information 310 Ceneer Drlve, Riverhead NY 11901 �,Namc wwwsuHolkcountyny.gov/dark ,��I�� 8 �� Cour�� r ing ��rsement Pa � Thls page forms psrt of the attached _ � +i�^"^ ; ` �� ..�made � �i��°T'Y�OFlNSTR1IMF.NT) " * � � "� � , � . The premises herein is shuated in SUFFOLK COUNiY,N�M�I"V"'N��q4;, TO In Ihe TOoWN of I � In the VIILAGE _� or NAMLET of, �� BOXES 6 TMRU i MUST BE 7YpED OR PAINTED IN BLACK INK ONLY PRIOR TO pECORDING OR fIUNG. �� 0 i , DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this � day of September, 2012, by M.G.H. Enterprises� Inc. w�th an address of 4020Q Main Road (a/k/a 5/RP25), Orient, NY 11957, hereinafter referred to as"DECLARANT': WITNESSETH : WNEREAS� DECLARANT is the owner of certain real property located at 4020Q Main Road (allc/a S1R/25), Orient, NY 11957, CouMy af Suffolk, State of New York, described in the Suffalk County T�x Map as District 1000, Section 15, Block 9, Lot 8.1 which is more particularly bounded and described as set forth in Schedule"A" annexed hereto, hereinafter referred to as the Property; and WHEREAS, the DECLARANT has entered into a lease agreement with New Cingular Wireless PCS, LLC ("New Cingular'� to construct a wireless telecommunication facility on a portion of the Property, as depicted on Schedule "B"annexed hereto; and WHEREAS, the New Cingular has made an application to Pianning Board of the Town of Southald for site plan approval to construct a wireless telecommunication faciliiy on a portion of the property as shown on the Site Plan entiYtled `AT�T Orient by the Sea Restaurant', prepared by William F. Collins, AIA Architects, LLP, Revision 7, last revised August 19, 2012 (hereinafter the "Site Plan'�; WHEREAS, in a decision dated September 17, 2012, the Planning Board of the Town of-Southold granted New Cingular's site plan appiicatio� with M M conditions; r ^ � � r I � j � , � WHEREAS for and in consideration of the granang of said approval, the d b � Planning Board has deemed it in the best interests of the Town of Southold that � � the within oovenants and restrictions be imposed on the property, and the « Planning Board has required that the within Declaration be filed in the Suffolk � County Clerk's Office; and r WHEREAS, the DECLARANT has considered the foregoing and has � ; ' determined that same will be for the best interests of the DECLARANT and ,� ! subsequent owners and lessees of the property. ; NOW,THEREFORE� TtiIS DECLARATI�N WITNESSETH: � r G That the DECLARANT for the purpose of carrying out the interrtions above � ' expressed, does hereby make known, admit, publish, ccvenarit and agree that i �� p the said premises hereln descr�bed shall hereafter be subject to the covenaMs � and restrlctions 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 tl � representatives, distributes, suocessors and assigns#o wi�: ; The following landscaping will be installed on the portion of the property � � � where the wireless telecommunication facility is constre�cted as depicted on the , approved Site Plan: ' 1. Six (6) Eastem Red Cedars to be located along the west sfde of the , � proposed equipment area, which measures approximately 36 feet in length (36' / � 6'-wide cedars = 6 cedars}; � r i 9 2 � ; 2. Three (3) Eastem Red Cedars#o be located along the north side of the propased equipment area which measures approximately 19 feet in length (19' /fi'-wide cedars=3 oedars); 3. The Eastem Red Cedars shall provide contiguous screening of the equipment area to the north and west and will be planted so Wat the branches are touching; 4. Addit6onal Eastem Red Cedars may be added to acxomplish the purpose of the screening which is to rnitigate any visual impacts to the adjacent New Yo�lc State Park and the New York State Scenic Byway; 5. The landscaping shall be kept in goodlhealthy condition and shall be replaoed should any tree(s) die at any point during the existence of the monopale and related equipment. THE FOREGDlNG covenan#s and restrictions shall run with the land and shall be binding on the DECLARANT, its heirs, assign, purchasers, or successors in interest, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, teRninated, revoked� or amended by subsequent owners of the premises, but shall irnmediately terminate upon the removal of the wireless telecommunication faality monopole and base equipment. If any section, subsection, paragraph, clause, phrase or provision of these covenants and r�estricUons shalf, 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 3 � � � � .. � * , � provision hereof other than the pa�t sv adjudged to be illegal, unlawful, invalid, or p �' unoanstitutional. The aforementioned covenants and restrictions are intended far the 4 benefit af and shall be enforceable by the Town of Southold, State of New York, a ; by injunctive relief or by any other remedy in equity or at law. 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 covenarrt nor to impose any liability whatsoever upon the Town of Southold or any office or emplayee thereof. The within Covenants and Restrtctions shall run with the land and shal! be � i binding upan the Declarant and its successors and assigns, and upon al! persons a " or entities claiming under them, and' may not be annulled, waived, changed, modified, terminated� revoked or amended by subsequent owners of the p premises unless and until approved by a majority plus one vote of the Planning a Board of the 7own of Southold or its successor� foliowing a public hearing. s Notwithstanding the foregoing, the within covenants and restrictions shall , automa�cally terminate upon the remova! or decomrnissioning of the wireless $ telecommunication facility monopole and base equipment � r , N w N i r � [SIGNATURE ON FOLLOWING PAGE] , � � K A 4 " 4 � � � " � IN WITNESS WHEREO�, the Declarant(s) has duly executed this Declara�on the day artd year first above written. . �.�. r�t�� p � �. . , By: c��r��i��, '�w� �"��+��t STATE 4F NEW YORK ss: COUNTY �F SUFFpLK On the � � day of September in the year 2012, before me the undersigned� a Notary Public in and for said State, personally appeared Robert Haase, qersonally known to me or proved to me on the basis of satisfactary evidence to be the individual(s) whase name(s) is/are subsc�ibed to the within instrument and acknowledged to me that •he/she/they executed the sarr�e in hislheNtheir capacity� and that by hisfier/their signature(s) on the instrument, the individual or the persons on behalf of which the individual(s) acted, executed the - instrurnent. . � `-'�-,-1 �. otary Public NANCY S 6AflTOW Nofery P�blle-glate of New Yark N0.01BA6?4684� anaUlled In Suffolk �ar�� 9��oa�NC��P�� 5� �' � � � Y r,, C � M � �, e � Schedple"A" ; � Parcel l: �, i � All that certain plot,piece or parce�of land,with the buildings aad impro�ements thereon i erected,situate,lying and being in the Town of Southpld,County oF Suffolk and State of � New York,bounded and described as follows: � BEGINNING at a point on the southerly side of Main Road which point marks the , northwesterly comer of premises herein described and the northeasterly corner af land m formerly of the State of New York;nuu►ing thence along the southerly side of Main ; Road,North 87 degrees 09 minutes 20 se�ands East, 151.72 feet io land of the Utited � States Govemment;thence numing by last menaoned land,South l 1 degrees 43 minutes y 20 seconds East,7S2 feet to the ordinary high water marlc of Ciardner's 6ay;thence : southwesterly along the ordinary high water mark of Gardener's Bay,the tie line of x which bears South 39 degr�ees 4A minules 40 secands west,348.41 feet to land formerly � of the State of Ntw York;thence running by last mentioned land North a degrees 40 � minutes 45 seconds West, 1000 feet to the southerly side of Main Road,at the point or � place of beginning. _ � Parcel 2: I � All that certain plot,piecc or parccl of land,with the buildings and improvements thereon � erectcd,situate, lying and being in the Town of Southold,County of Sut�olk and State of � New York,bounded and described as follows: � a N ; BEGINNING at a point on the soutt�erly side of Main Road,said point being where the N northeasterly comer of the pr�mises to be deacribed and the northwesterly comer of land � N/F of MCiH 6nterprises, Inc.,as described in Liber 18607 at page 67 intersect said � southerly side of Main Road;running thence South 4 degrees 40 minutes 45 seconds East,along the land N/F of MGH Enterprises,inc.,800.00 feet; thence South 87 degrees w 49 minutes 20 seconds West,30.00 feet,to larid of Orient Beach State Park;thonce North � 4 degrees 40 minutes 45 seconds West,along the land of Orient$each State Park, 800.00 " feet to the southerly side of Main Road;thence North 87 degrees 09 minutes 20 seconds � East,along the southerly side of Main Road,30.00 feet,Eo poinl or place of beg,inning. ; � � r � a � � � I � i � P � b 9 i N N , � „ � m s . � � � �, �� . � �� . 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