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Home My WebLink AboutMullen Rezoning/C & RGREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JOSI-IUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 e-mail: greg.yakaboskiC~own.southold.ny.us rnary.wilson@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: From: Date: Re: Elizabeth A. Nevil[e Town Clerk Mary C. Wilson, Esq. Assistant Town Attorney March 21,2001 IV]ullen Rezoninq Amendment to Declaration of Covenants and Restrictions Betty: Enclosed for safekeeping in your office, please find cop~es of the following documents: Transmittal letter of Stephen R. Angel, Esq. dated 3/4/02 re: Mullen Rezomng Suffolk County Clerk's Office Recording Page Suffolk County Recording & Endorsement Page Amendment to Declaration of Covenants and Restrictions dated March 26, 2001, between Town of Southold and RWM Enterprises, Inc., Mullen Realty, L.P., and Mullen Motors, Inc., recorded in the Suffolk County Clerk's office on 3/1/02, in Liber D00012171 at Page 937. Thank you. Mary /md enos. cc: Planning Board STEPHEN R. ANGEL JANE ANti IR, KRATZ JOHN M_ WAGNER OARMEi. A ~vh DI TALIA NICA B. ST~UNk ESSEKS, HefTer & ANGEL COUNSELORS AT LAW P. O. Box ~ 79 RIVERHEAB N.Y. 9o -o279 March 4. 2002 P. O. Box 570 WATER ~V~ILI. N.Y. 1976 631) 7~6-6633 Mary C. Wilson. Esq., Assistant Town Attorney Town of Southold 53095 Main Road Southold, NY 11971 Re: Mullen Rezoning Dear Ms. Wilson: Pursuant to your request dated 3/27/01. enclosed please find a copy of the amendment to the declaration of covenants and restricuons in the above matter. recorded on 3/1/02 in the office of the Suffolk County Clerk. SPA:mb Eric. , cc : Rich Mullen William H. Price, Jr., Esq. Ve~ ~ruly yours, MAR - 5 2O02 TOWN ATTORN~¢'S OFFICE TOWN OF SOU"tHOU3 I IIIIIIIIIIIIIllllllllllllllllllllllllllllllllllllllll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: MODIFF - Number of Pages: 11 COVENANT OR RESTRICT District: Section: Block: 1000 062.00 03.00 Recorded: At: LIBER: PAGE: EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Page/Filing $33.00 COE $5.00 Cert. Copies $5.50 SCTM $0.00 THIS PAGE IS Exempt NO Handling NO Notation NO RPT NO Fees Paid A PART OF THE INSTRUMENT 03/01/2002 10:31:45 AM D00012171 937 Lot: 022.001 Exempt $5.00 NO $0.50 NO $90.00 NO $139.00 Edward P.Romaine County Clerk, Suffolk County Number of pm~,es TORRENS Serial ~ Certificate # Prior Cfi. # Deed / Mortgage Instrument Page/Filing Fee , .%/57 Handling ~ __ TP-584 Notation FA-52 17 (County) FA-52 [ 7 [State) ILP. T.S.A. qy -- Corem· of Ed. 5 on Affidavit Certified Copy Reg. Copy Other Mortgage Tax Stamp FEES SubTotal Sub Total GRANDTOTAL /~q · SUFFOLK I- COUNTY Real Property Tax Service Agency Verification Dist. i000 1000 1000 1000 Section 062.00 062.00 062.00 062.00 Block Lot 03.00 022.001 03.00 024.001 03.00 020,000 03.00 Olq.000 Property Mailing Address Satishctions/Discharges/Releases List Owners RECORD& RETURN TO: Esseks, Hefter & Angel 108 East Main Street P. O. Box 279 Riverhead, NY 11901 RECORDED 2002 Mar O1 !0:71:45 gM Edward P.Rome~ne CLERK OF SUFFOLK COUNT9 L D00012171 P 937 Recording ! Filing Stamps Mortgage Amt 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County ! leld for Apportionment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO lfNO, see appropriate tax clause on page # of this instrument. Commun, ity Preservation Fund Consideration Amount $ CPF Tax Due $ Ilmproved Vacant Ladd TD TD TD IcSo.iName Title Company h, formation I Title ,u Suffolk County Recording & Endorsement Page This page forms part of the attached AMENDMENT TO DECLARATION OF COVENANTS AND made by: RESTRiCTiON~ (SPECIFY TYPE OF INSTRUIvlENT ) Town of Southold RWM Ertterprises, Inc. Mullen lanlty. I..P. Mullen Motors, Inc. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS THIS Amendment to Declaration of Covenants and Restrictions, made the ~¢~ day of-geptembar, 2001~, by the Town of Southold. a mumcipal corporation, with its place of business at 53095 Main Road, Southold, New York 11971. hereinafter referred to as the "Town," and RWM Enterprises, Inc., a New York business corporation having its principal place of business at No# Yermecott Drive, Southold, New York 1197 l, Mullen Realty, L.P., a New York Limited Paru~ership with aplace of business at P. O. Box 1408, Main Road, Southold, New York 11971, m~d Mullen Motors, Inc., a New York corporation with a place of business at Route 25, Main Road, Southold, New York 11971. hereinafter referred to collectively as the "Declarants." WITNESSETIt: WHEREAS. Declarants are the owners -- and in the case of Mullen Motors, Inc.. the tenant and prospective tenant -- of the following four parcels of real property located at Southold, Town of Southold, County of Suffolk and State of New York, which parcels are collectively referred to as the "Premises". I Parcel owned by RWM Enterprises, Inc. designated on the Suffolk Comity Tax Map as District 1000 Section 062.00 Block 03.00 Lot 022.001 0-eferred to herein as '*Lot 22.1") and described on Schedule A mmexed hereto, which parcel was acquired by said RWM Enterprises, Inc. by deed of Albert W. Albertson. Jr., Donald B. Katz and Gertrude Katz recorded in the Suffolk County Clerk's office on June 27, 2000, at Liber 12051 cp. 820. 2. Parcel owned by RWM Enterprises. Inc. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 024.001 (refen'ed to herein as "Lot 24.1") and described on Schedule B annexed hereto, which parcel was acquired by said RWM Enterprises, Inc. by deed of Albert W. Albertson. Jr.. Donald B. Katz and Ge~lxude Katz recorded in the Suffolk County Clerk's office on June 27, 2000, at Liber 12051 cp. 820, 3. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 020.000 (referred to herein as "Lot 20") and described on Schedule C annexed hereto. 4. Pm'cel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 019.000 (refen'ed to herein as "Lot 19"), and described on Schedule D annexed hereto. WHEREAS, Declarants mid their predecessors in interest, Albert W. Albertson. Jr.. Donald B. Katz and Ge~-ude Katz, executed a Declaration of Covenants and Restrictions on June 14, 2000, and recorded said Declaration of Covenants and Restrictions in the Suffolk County Clerk's office on June 27, 2000, in Liber 12051, cp. 821 concel~fing the premises; and WHEREAS, said Declm'ation of Covenants and Restrictions were recorded by Declarants and their predecessors in interest for the benefit of themselves, their assigns and the Town, as part of att application for a change of zone for Lot 22.1 and Lot 24.1; at~d WHEREAS. scenic buffering of the premises and the surrounding community was and continues to be a critical issue to the Town Board of the Town; and WHEREAS, the Town Board of the Town adopted a resolution at a regular meeting of said Town Board held on August 29, 2000 requesting an amendment of said Declaration of Covenants 'and Restrictions to modify paragraph "4" to read as follows: "The parking are on lot 24. l wilt not have any landscaped islands, however. approximately 1,000 square feet of landscaping (wtfich represents the amount of landscaping that would have been required in the 'islands'l shall be placed along the perimeter of the Mullen Motors property at the discretion of the Plmming Board," in place of the following: "The parking are on Lot 24. 1 shall have two landscaped 'islands'": trod WHEREAS, Declarants and the Town wish to amend said Declaration of Covenants and Restrictions as aforesaid. NOW. THEREFORE. in consideration of the foregoing, Declarants and the Town agree to modify the Declaration of Covenants and Restrictions recorded Jm~e 27. 2000. in Liber 12051. cp. 821 as follows: 1. Paragl'aph "4" of said Declaration of Covenants and Restrictions shall read as follows: "The parking are on lot 24.1 will not have any landscaped islands, however, approximately 1.000 squm'e feet of landscaping (which represents the amount of landscaping that would have been required in the 'islands') shall be placed along the perimeter of the Mullen Motors prope~w, at the discretion of the Plauning Board or the Town of Southold," in place of the following: "The parking are on Lot 24.1 shall have two landscaped 'islands'"; 2. In all other respects, said Declaration of Covenants and Restrictions shall remain tmchanged. 1N WITNESS WHEREOF, Declarants have caused this instrument to be duly executed on the date and yem- first written above. RWM ENTERPRISES, INC. Richard F. Mullen III, President Mullen Realty, L.P. ~x~ B~ ' Richard F. Mullen, ,Jr. Mullen Motors. lnc Richard F~. Mu~'~en 112, Vice Pres. TOWN OF SOUTHOLD Jeatn/ W. Cochran, Town Supervisor -4- STATE OF NEW YORK) SS' COUNTY OF SUFFOLK) ~" On the t4 day of~ 2000, before me the undersigned, personally appeared ~r. Jl~t,t0 ~. alo~teo?{bf RWM ENTERPRISES, INc., personally fmown to me or proved tc 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 executed the instrument. Suffolk County .... EX°ires February 28, 20~ STATE OF NEW YORK) SS ' COUNTY OF SUFFOLK) ': b C/~ .,_. ,,_..., ,, ,~ I On the ~ }iay of =TS rJ O00, before me, ~e ~dersi~ed, personally appe~ed ~t ~0 ~ ~O{te~t ~pf MULLEN ~ALTY, L.P., personflly ~own to me or proved to me on the basis of safisfacto~ e~dence to be the Ndividufl whose name is subscribed to ~e witNn h~s~ment, ~d ac~owledged to me ~at he executed the sine in his capaciW, ~d that by his si~a~'e on the ins~ment, he executed ~e ~s~ent. Public ELIZABET',t J. FARRISH Notary Public, State of New York No. 01 FA4973285 Qualified m Su[ o~k County t~) Commiss on Expires Oct. 15, 20 STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) appeared ~;~e.~x~D F:. [qlofie, xTcuof MULLEN MOTORS, [NC., personally known to me o1' proved to me on the basis ~)T~afisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in Iris capacity, and that by his signature on the i WILLIAM H. PRICE, JR. c Notary Pub/c, State of New York No. 4644944, Suffo k County. ,_, Term Expires February 28, 200__0t-'-- STATE OF NEW YORK } COUNTY OF SUFFOLK) SS.: On the bl(o- day of 8eptomber, 200~, before me, file undersigned, personally appem'ed ~-xt~. ~C.h ~ , of THE TOWN OF SOUTHOLD, personally known to me or proved to me on file basis of satisfactory evidence to be the individual whose name is subscribed to the witkin insmunent, and acknowledged to me that she executed the same in her capacity, and flint by her signature on the insmunent, she executed the insmunent. MARY C, WILSON · · / j t'.- C,,,,,Q~u..al[/led tn Cufl,~h~ Counh/ ...... ~lSS~Or ~P,'OS ~une Notal~bli( ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate~ lying and being at Southold, Town of Southold, County of Suffolk, State of New York, being known and designated as Lots 1 and 2 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" fried in the Office of the Clerk of fl~e Coun .ty of Suffolk on 10/6/1870 as map no: 399, and being more particularly bounded and described as follows: BEGINNING at a monument set in the southerly side of Main Road distant 100 feet ea. sterly from the comer fqrmed by the intersection of the southerly side of Main Road ~w~th.the westerly side of Cottage Place; running thence along the southerly Side of Main r~oad thefollowing two courses and distances: (1) North 87 degrees 02 minutes 00 seconds East. a distance of 100 feet to a monument; and (2) North 85 degrees 37 minutes 00 seconds East, a distance of 98.92 feet to a monument located at the point of intersection of the southerly ime of Main Road with the-westerly line of Locust Avenue; running thence along the said westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East 129.79 feet to land now or formerly of Alice Albertson and Gm~:ude Katz; rutming thence along said land of Alice Albertson and Gertrude Katz and land now or formerly of Mullen, the following two courses and distances.' (I) South 75 degrees 42 minutes West 111.69 feet. and (2) South 71 degrees 55 minutes 40 seconds West, a distance of 98.50 feet to a point and the easterly side of landn0w or fmmerly of Mullen; running thence along last mentioned land, North 15 degrees32 minutes 00 seconds West, a distance of 171.74 feet to a monmnent set in the southerly side of Mare Road, at the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Albert W. Albertson, Jr. and Alfred S. Pfeil by the following deeds: 1. Deed dated 6/5/73 recorded 6/6/73 in Liber 7412 cp. 557 made by Ralph L. Glover and Una Belle Glover. his wife; and 2. Deed dated 7/18/75 recorded 8/11/75 in Liber 7889 cp. 333 made by Margaret Gentile a/k/a Margaret Gentele and Marie Cassidy, as devisees of the Estate of Bridget Furey and Catherine A. DeRosiers. SCHEDULE A ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, known and designated on a diagram of Lots belonging to Jane A. Cochran. dated October 1867 and duly filed in the Office of the Clerk of the Cotmty of Suffolk as and by Lots 26, 27 and 28. said lots when taken together are more patlicularly bounded and described as follows: BEGINNING at a point on the westerly side of Locust Avenue distant 129.79 feet southerly from the intersection of the southerly side of Mah~ Road with the westerly side of Locust Avenue; nmning thence along the westerly side of Locust Avenue South 22 degrees 21 minutes 20 seconds East 155.50 feet to lands 0fSZCzesny; thence along said lands mid also alonglands ofW. Corbett South 73 degrees 21 minutes 50 seconds West 162.91 feetto lands orB. Adams; thence along said Im~ds North 17 degrees 10 minutes West 48.80'feet to the southeast comer of lands of Mullen: thence along said lands North 18 degrees 05 minutes 50 seconds 'West 109.47 feet to lands of Albert W. Albertson, Jr. and Donald B. Katz; thence along said lands of Albert W. Albertson, Jr. and Donald B. Katz the following two (2) courses and d/stances: 1. North 71 degrees 55 minutes 40 seconds East 38.81 feet and 2. North 75 degrees 42 minutes East 111.69 feet to the westerly side of Locust Avenue and the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed by Judith Zavesky, James Michael Lucey, Kathleen Marie Lucey and Patricia Lucey to Alice Albertson and Ge~rude Katz by deed dated May 19, 1982 recorded July 7, 1982 in Liber 9207 cp. 596. SCHEDULE B ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New Ym'k. being known and designated as Lots 3 and 4 on a certain map entitled, "MAP OF 33 LOTS OF JANE A, COCHRAN" filed in the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no. 399, and being more particularly boundedand described as follows: BEGINNING at a point located at the intersection of the southerly line of Main Road with the easterly line of Cott.age Place; numing thence along said southerly line of Main Road North 87 degrees 02 minutes~ 00 seconds East, a distance of 100.00 feet to a monument and land now or formerly of Katz and Albertson; thence along said land South 15 degrees 32 minutes 00 seconds east, a distance of 171.74 feet to land now or formerly of Richard Mullen, Jr,; thence along said land South 71 degrees 55 minutes 40 seconds west, a distance of 100.00 feet to the easterly line of Cottage Place; thence along the easterly line of Cottage Place North 14 degrees 48 minutes 00 seconds west, ~ distance of 198.00 feet to the intersection of said easterly line of Cottage Place with the southerly line of Main Road and the point or place of BEGINNING. SCHEDULE C ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Soutlmld, in the Town of Southold. County of Suffolk and State of New York, designated as Lots 32 and 33 on Map of 33 lots of Jane A. Co, chran, as surveyed by J. Wickham Case, October 1867, filed in the Suffolk County Clefk s Office on October 6, 1870, as Map No. 399, more partictflarly bounded and described as follows: ~ BEGINNING at a point on the easterly side of Cottage Place, where said easterly side of Cottage Place is intersected by the northerly line of Lot 33 as said northerly line of Lot 33 is shown on a certain sUrVey by Otto W. Van Tuyl and Son, Licensed Land Surveyors, Greenport, N. Y., dated October 17, 1963; RUNNING THENCE North 71 degrees 55 minutes 40 seconds East a distance of 159.69 feet to lands of Alice Albertson and Gertrude Katz; RUNNING THENCE South 18 degrees 05 minutes 50 seconds East along said last mentioned lands a distance of 109.47 feet; RUNNING THENCE South 73 degrees 40 minutes 00 seconds West a distance of 165.78 feet to the easterly side of Cottage Place; RUNNING THENCE North 14 degrees 48 minutes O0 seconds West along the easterly side of Cottage Place a distance of 104.60 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Richard F. Mullen. Jr. by deed dated 10/3/86 recorded 10/23/86 in Liber 10152 cp. 60 made b3 Daniel C. Finne and Dopla M. Fhme, his wife. STATE OF NEW YORK SS.: County of Suffolk I, EDWARD P. ROMAIN E, Clerk of the Oounty of Suffolk and Clerk of the Supreme Court ofthe State of New York in and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that I have compared the annexed copy of,~,/~.~.~/~ ~ ~ r~ /? / ~ ~.~ ~ ~' ~Co~ ~ o ~///~ and that it is a just and true copy of such onginal~/r2~.,~.T 7-~ ~9~/_4¢Z,¢~ ,~nd of the whole thereof, o~ Co c/~ ~/9- r~'TS" ~ ,,,2.~3-Zz.,~ / ~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this / ~-7"- day of /7).¢/L-C./¢. ~ooo.-.~ '~' ~C~"~t'~"~ Clerk. Form No. 104 ~-~o~..~