HomeMy WebLinkAboutStanley Rd & Fawn Ln DECLARATION AND COVENANT REGARDING ROAD DEDICATION
AND HOMEOWNERS ASSOCIATION
THIS DECLARATION made the day of by KIT REALTY,
INC. , a domestic corporation with a principal office located at
95-40 Roosevelt Avenue, Jackson Heights, NY 11372, hereinafter
referred to as the Declarant, states as 'follows :
WHEREAS, Declarant is the owner of certain real property
situate at Mattituck, 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 major
subdivision application entitled, "The Fields at Mattituck", as
shown on Final Plat last dated July 30, 2004 prepared by Young
. and Young, Licensed Land Surveyors, and as a condition of
granting said approval, the Town of Southold Planning Board has
required that the within Declaration be recorded in the Suffolk
Couny 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,
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legal representatives, distributees, successors and assigns, to
wit.
1 . The subdivision road known as "Stanley Road" and ,"Fawn
Lane" is intended to be dedicated to the Town of Southold and
become public roads . However, in the event that the Town of
Southold. does not accept said roads for dedication, the declarant
hereby agrees to create a Homeowners Association which
Association will take title to the roads and be responsible for
the cost of snow removal, continued maintenance, repair and or
replacement of said roads .
2 . The Declarant grants the continuing right in perpetuity
to the Town of Southold, any of its designated representatives or
any owner of property within the subdivision to enforce the
conditions and restrictions of the covenants as they relate to
this Covenant and to take any legal action it deems necessary to
enforce the conditions and restrictions of the covenants . These
rights of inspection and enforcement shall be binding upon
declarant, their heirs, executors, legal representatives,
distributees, successors, assigns and transferees .
3 . These covenants and restrictions can be modified only at
the request of the then owner of the premises with the approval
of a majority plus one of the Planning Board of the Town of
Southold after a public hearing. Adjoining property owners shall
be entitled to notice of such hearing, but their consent to such
modification shall not be required.
4 .These Covenants shall be null and void upon acceptance of
the dedication of the roads by the Town of Southold.
ti
IN WITNESS WHEREOF, the Declarant has hereunto set its hand
and seal the day and year above written.
KIT REALTY, INC.
BY:
Macari,?►2 -Vld
STATE OF NEW YORK )
ss . .
COUNTY OF SUFFOLK )
R On the Y day of J E�� before me, the undersigned,
a notary public in and for said State, personally appeared Joseph
Macari 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.
d
ANotarydblic
IIoMY Rmua.9m�a of hlrwNw
COUNTY CLERK'S OFFICE
STATE OF NEW YORK SS.:
COUNTY OF SUFFOLK
I, JUDITH A.PASCALE, Acting Clerk of the County of Suffolk and
of Record thereo o hereby certify that I have compared the
the Court . ?! Q........RECORDED in my
annexed with the original Jp
and,that the same is a true
office .)L/ate ...�
copy thereof, and the whole of such ernto set y hand and affixed
In Testimony Whereof, I have h
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.............. . .
F the seal of said County and Court this ...�.• ••••• 4. ..A', 4 CTING CLERK