PEBBLE BEACH FARMS LOT OWNERS

 

DECLARATION OF COVENANTS AND RESTRICTIONS

 

DECLARATION
 

MADE this 14th day of May, 1975, by Pebble Beach Realty, Inc., a domestic corporation of the State of New York having it’s principal place of business at 620 Hempstead Turnpike, Elmont, New York 11003, hereinafter called the Declarant;

 

            WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at East Marion, Town of Southold, County of Suffolk and State of New York, being the premises described in deed dated October 31, 1972 made by Arthur L. R. Francisco and Helen T. Francisco to Pebble Beach Realty, Inc. recorded in the Suffolk County Clerk’s Office on November 10, 1972 in Liber 7279 at page 489, a metes and bounds description of which is shown on Schedule A as attached hereto and made a part hereof, and referred to herein as the “premises”.

 

            WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions.

 

            NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth.

 

 

ARTICLE I – DEFINITONS:
 

The words “Subdivision”, “Subdivision Map” or “Map” when used herein is intended to mean the subdivision map of the premises entitled “Map of Pebble Beach Farms, East Marion, Town of Southold, Suffolk County, New York” heretofore approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk’s Office.
 

The words “lot” or “lots” when used herein mean the separate numbered parcels of land as shown on the subdivision map.
 

The word “street” when used herein means the streets or roads as shown on the subdivision map.
 

The word “open space” when used herein means the separate lettered areas as shown on the subdivision map.
 

The word “owner” when used herein means any individual, corporation or partnership owning all or a portion of the premises shown on the subdivision map.

 

ARTICLE II – COVENANTS & RESTRICTIONS:
 

The following Covenants and Restrictions applying to the construction, maintenance and future care of the property are hereby imposed upon each lot conveyed by the developer:

 

No dwelling shall be erected having less than 1000 square feet of interior living area on the ground floor. Each dwelling shall have a full basement. Each dwelling shall have a garage with an asphalt or bluestone driveway extending there from to the street pavement line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed.
 

No building of the type commonly referred to as “mobile” or “modular” shall be installed on any lot.
 

No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged.
 

No more than two pets shall be maintained on the premises by any lot owner.
 

Exterior clotheslines may only be installed in the rear yard of a lot at a distance no further than 10 feet from the rear of a house.
 

No fences, either natural or man made, shall be erected or maintained on any lot in excess of four (4) feet in height except that this limitation may be exceeded if required by the zoning ordinance of the Town of Southold in connection with the construction of a swimming pool or similar facility. However, no fences whatsoever shall be erected or grown in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be considered to have it’s front yard on the street of the longest dimension.
 

No title in and to the bed of the road is to be conveyed to the lot purchasers. The Declarant retains the said title and the right to dedicate and convey the said title to the Town of Southold or to a lot owners’ association, which is as hereinafter provided. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, wherever installed on the surface of, or above or below the ground.
 

No nuisance or noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises, nor shall any accumulated rubbish, garbage, junk or materials of any kind be permitted to remain on said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots excepting developer signs which comply with the Southold Town sign ordinance. A lot owner may maintain a “for sale”, “for rent”, or “professional office” sign on his lot not larger than 12” x 24”.
 

No sand, earth or sod shall be removed from a lot, or excavation be allowed to remain open thereon, except as may be necessary during building construction periods. After construction, and landscaping shall be installed and maintained thereafter in an attractive manner.
 

An owner of a water front lot fronting on the Long Island Sound shall not construct any part of the dwelling northerly of the approximate 100 foot bluff set back line shown on the filed map, unless approved by the Town of Southold.
 

The individual lot owner shall be responsible for, and repair or cause to be repaired, any damage to the paved and drainage swale areas of the road in front of his lot, which may be caused by the operation of vehicles or machinery during construction or otherwise.
 

The use of each lot shall be limited to one family residential use.

 

ARTICLE III – OPEN SPACES:
 

It is the intention of the Declarant that the premises are to be subdivided and developed as a cluster type of development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources. To effectuate such purposes, the following conditions, covenants and restrictions are hereby imposed on those portions of the premises designated as open spaces on the subdivision map, to wit:

 

Unless authorized by the Southold Town Board,

 

No structures shall be erected or placed in or on any open space.
 

No sand, gravel, topsoil or other material shall be removed from any open space nor shall any such materials be deposited thereon.
 

No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees, or such other removal of vegetation as may be required for the proper natural preservation thereof.
 

Subject to the foregoing provisions of this Article III, open space areas “A”, “B”, “C”, “D”, and “G” shall be used solely for agricultural, recreational use of lot owners and their guests, and surface water drainage purposes, except that open space area “D” may also be used by the Village of Greenport for the purpose of installing wells therein, and pumping facilities thereon for its public water supply system, provided that the plans thereof and the manner of construction thereof are approved by the Southold Town Board.
 

Open space area “E” shall be used solely as a bathing beach and related uses by the lot owners and their guests.
 

Open space area “F” shall be used solely as a motor vehicle parking area for the users of the bathing beach.
 

The use of any and all open spaces shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant or it’s successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board.
 

It is the intention of this Article III to restrict the open spaces A to G, inclusive, for the use, benefit and enjoyment of lot owners, and therefore the Declarant covenants and agrees that it will, at all times during the ownership thereof, maintain the same at it’s expense, for such purposes. Declarantfurther covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of the lots in said subdivision. Every member of the Association referred to below shall have the right and easement of enjoyment to the open spaces and all private streets shown on the subdivision map and any and all areas shown on said subdivision map for future highway dedication including such easement subject to the terms of this declaration as may be needed for purposes of construction. Such easement shall be appurtenant to and shall pass with the title to the lot subject only to this dedication and the by-laws and regulations of said Association.
 

The Declarant covenants and agrees that on or before the 1st day of January, 1976, it will, at it’s own cost and expense, establish a not-for-profit corporation to be know as “The Pebble Beach Farms Lot Owners ”, hereinafter referred to as the “Association” and will convey to such all of the rights, title and interest of the Declarant in and to said open spaces A to G, inclusive, together with any and all private streets shown on said subdivision map and any and all areas shown on said subdivision map for future highway dedication.
 

Upon the creation of the Association as herein before provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof.
 

Within sixty (60) days after the creation of said Association, by-laws shall be adopted for the government thereof which said by-laws and any amendment thereto shall be approved by the Town Board of the Town of Southold.
 

 

The by-laws of such Association shall, in addition to other matters, provide for the following:
 

 

That the Association shall have two classes of membership interests as follows:
 

i.        Class A. Class A Members shall be the Owners of a lot or lots. Such Members shall be entitled to voting rights on the basis of one (1) vote per Lot owned regardless of the number of persons owning the lot.

 

ii.      Class B. The sole Class B Member shall be the Sponsor who shall have one (1) vote for each lot owned by the Sponsor herein within the Subdivision. The Class B Member after two (2) years following the closing of title or sale of the first lot within the subdivision shall not elect a majority to the Board of Directors, i.e., if the number of directors are three or 4, the Class B Member shall not be permitted to elect more than 1 director; if the number of directors are 5 or 6, the Class B Member shall not be permitted to elect more than 2 directors.

 

That the owner of each lot shall be entitled to one vote at any meeting of the Association.
 

That every lot owner shall be subject to a proportionate share of the expenses of the Association including taxes, insurance, and any and all expenses incurred by the Association for the improvement, maintenance and use of the property of the Association.
 

That every lot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment of the property of the Association, subject however, to the by-laws and rules and regulations of the Association.
 

That the Association shall have the right to borrow such sums of money as it deems necessary for cost of the maintenance and improvement of it’sproperty and to secure the same by a lien on it’s property.
 

That the Association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all charges due the Association; that all such unpaid charges shall be a lien on the lot of such owner and that the Association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law.
 

That the Association shall pay all taxes, assessments and other charges imposed by any governmental agency as and when the same are due and payable.
 

That the Association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protection of it’s property and members.
 

That the Association shall use, operate, and maintain all of it’s streets, bathing beaches and other property owned by it in a safe and proper manner and in accordance with the laws, rules and regulations, order and directions of the Town of Southold and other government agencies having jurisdiction thereof.
 

That the duration of the Association shall be perpetual.
 

 

That all of the covenants, conditions and restrictions contained in this Article III shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, it’s successors and assigns, their successors and assigns, and the Town of Southold, and it’s successors and assigns.
 

Unless specifically prohibited herein, this declaration may be amended by an instrument signed by members of the Lot Owners Association referred to above holding not less than 90% of the votes of the membership. Any amendment must be properly recorded to be effective. The Association shall have the right to sell or dispose of its properties.

 

Upon dissolution of the Association, its real and personal assets, including the Common Properties, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event such dedication is refused acceptance, such assets shall be granted, converted and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as they were required to be devoted by the Association. No such disposition of the properties shall be effective to divest or diminish any right or title of any Member vested in him under the licenses, covenants and easements of the Declaration, or under any subsequently recorded covenants and deeds applicable to the Properties, unless made in accordance with the provision of this Declaration or said Covenants and Deeds.

 

ARTICLE IV – STREETS:
 

1.      Declarant covenants and agrees to construct and maintain at it’s expense, during it’s ownership thereof, all streets, water mains, fire hydrants, drainage systems and electric utilities in and on the premises necessary for the construction of dwellings on the lots of the subdivision.

 

2.      No title to land in any street opened or shown on the subdivision map is to be conveyed or intended to be conveyed to the owner of any lot and the Declarant, and it’s successors and assigns reserve the fee of all land lying in the bed of any and all such streets, and further reserves the right to convey to any municipal authority, or to the Association, all of it’s rights, title and interest in and to any part or all of such streets, should the Declarant, or it’s successors and assigns at any time deem it expedient to do so.

 

3.      The Declarant hereby states that the street system in the subdivision has been designed, with the approval of the Southold Town Planning Board, in such manner that the unpaved portion thereof provides for the drainage of surface water within the subdivision and that it is imperative that the unpaved portion of said streets be used and maintained in such manner as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain such street system in accordance with the direction of the Southold Town Planning Board and will at it’s own expense make repairs thereto as may be directed by said Board. No lot owner shall excavate, fill or in any other manner disturb the land within any street without prior approval of said Board.

 

4.      Delcarant covenants and agrees that when the streets and drainage facilities have been constructed in accordance with the requirements of the Town of Southold and has been established as provided in Article III hereof, that Declarant will convey to such all of the Declarant’s right, title and interest in and to said streets and drainage facilities, whereupon said shall assume all of the duties of the Declarant with respect thereto.

 

5.      The owner of said streets shall, so long as the same shall remain in private ownership, maintain the same in a safe and proper condition.

 

ARTICLE V - THE COMMON FACILITIES
 

The common facilities are shown on the site plan annexed hereto as Exhibit 1. Except as indicated below, the Sponsor will leave all open spaces in their natural state which is primarily coverage by a growth of wild shrub, low plants and trees indigenous to the area. The front entrance to the subdivision is curbed and paved with beach pebbles over plastic sheeting to prevent weed growth.

 

The following is a description of the common areas keyed to the identifying letter reference on the site plan:

 

Open Space A is an area of approximately 20 acres of open land used for storm water drainage and which might be used for agricultural purposes.

 

Open Space B, which consists of approximately 5 acres, is similarly used for storm water drainage and could be used for agricultural purposes.

 

Open Space C is similarly vacant land used for storm water drainage and consists of approximately 32 ½ acres.

 

As indicated above, Open Spaces A, B and C will be left in their natural state by the Sponsor.

 

Open Space D is presently vacant land on which an easement has been granted to the Greenport Water District to install and maintain two water wells with necessary pump house structures. The architectural design of the pump houses is subject to approval by the Sponsor or the Association.

 

The Sponsor, at its sole expense and within one year from the date of this Offering, will construct on this open area 3 all weather tennis courts. The tennis courts will be graded and have an asphalt surface. They will be fenced with a chain link fence. Open Space D consists of approximately 6 acres.

 

Open Space E is vacant land fronting on Long Island Sound having a total area of approximately 2 acres with 446’ fronting on the Sound at the mean high water line. The upper portion of this area has been seeded and a two tier railroad tie retaining wall approximately 200’ long with an average height of 6’ has been installed along the east boundary. Each tier has been landscaped with evergreen shrubs and railroad tie steps have been installed from the upper grassed area to the beach.

 

Open Space F is vacant land which will be used for beach parking. It consists of slightly less that one acre with a paved surface accommodating 50 cars.

 

Open Space G is vacant land consisting of approximately half an acre.

 

The Sponsor has no intention of dedicating the road system. With respect to the common areas which have been constructed, Open Spaces “A” to “G” and the road system, the Sponsor makes the following representation:

 

            The Sponsor represents that he does not know of any defect or need for repairs and that to the best of the Sponsor’s knowledge the above description accurately states the condition of the common areas and facilities.

 

            The property is offered in its current condition. Neither the Sponsor nor the Association will have any obligation to make repairs or improvements except as set forth in this Plan.

 

[Southold Town Planning Board approved the final map of Pebble Beach Farms subdivision on Feb 24, 1975.]