Loading...
HomeMy WebLinkAbout20190117 Eberlein Subdivision Draft Conservation Easement 2,0) Vo DECLARATION OF ( \r K RESTRICTIVE COVENANTS D THIS DECLARATION OF RESTRICTIVE COVENANTS is made this day of 2019, by Geraldine M. Eberlein, ("Declarant"). an individual with residence at 42 Ruggles Road. Saratoga Springs,New York. RECITALS WHEREAS, Declarant is the owner in fee of certain real property in the City of Saratoga Springs Saratoga County, New York, more particularly described as follows: ALL THOSE CERTAIN LOTS, PIECES OR PARCELS OF LAND designated as "Deed Restricted Conservation Area", totaling 5.1 +1- acres as shown on map entitled "Subdivision Plat. Ruggles Road-Conservation Subdivision.- prepared by Ingalls & Associates. LLP. dated March 8, 2019 and filed in the Office of the Saratoga County Clerk as Map Number ; and WHEREAS. Declarant has applied for subdivision of property in accordance with the City of Saratoga Springs Residential Conservation Subdivision Ordinance and related Conservation Area and No Cut Buffer Planning Board Policy. As consideration for the benefits of that provision Declarant must restrict certain activities on the Open Space (Conservation Area) portion of that real property described on"Final Plat" as referenced above; NOW THEREFORE, Declarant hereby declares that the Property shall be held, owned, transferred, conveyed, leased, occupied. or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant, its successors, and assigns, lessees, or other occupiers and users (collectively Declarant). 1. Prohibitions. Declarant is and shall be prohibited from the following: filling, draining, cutting, flooding, dredging, impounding, clearing, burning, excavating, erecting% constructing, releasing wastes or otherwise doing any work or non-agricultural activity on the Open Space portion of the Property; introducing exotic or non-native species to the Open Space portion of the Property (except biological controls pre-approved in writing by the City), and from changing the grade or elevation, impairing the flow or circulation of waters reducing the reach of waters, and any other discharge or activity requiring a permit under any environmental, clean water or water pollution control laws and regulations, as amended. The following are expressly excepted from this paragraph: a) cumulatively very small impacts associated with hunting (excluding planting or burning), fishing and similar recreational or educational activities, consistent with the continuing natural condition of the Open Space portion of the Property; b) farm/agricultural operation as described in the City of Saratoga Springs zoning laws (farm operation land shall not include agricultural buildings); c) walking trails and d) ordinary and necessary maintenance. 2, Other Restrictions. The Declarant represents and warrants that no restriction of record on the use of the Open Space portion of the Property, nor any presently existing future estate or interest in the Open Space portion of the Property, nor any lien, obligation, covenant, limitation, lease, mortgage or encumbrance of any kind precludes the imposition of the restrictions, covenants, obligations or agreements of this Declaration, or the maintenance of the Open Space portion of the Property in accordance herewith. 3. Existing Conditions. The Declarant represents and warrants that no structures of any kind, and that no violations of any these Restrictive Covenants, exist on the Open Space portion of the Property at the time of execution of this Declaration. 4. Reserved Rights. The Restrictive Covenants set forth in this Declaration are created solely for the protection of the Open Space portion of the Property, and for the consideration and values set forth above, and Declarant reserves the right to engage in all acts or uses not prohibited by this Declaration and not inconsistent with the conservation purposes hereof. It is expressly understood and agreed that the terms of this Declaration do not grant or convey to members of the general public any rights of ownership. entry or use of the Open Space portion of the Property. Said restrictive covenants do not apply to utility easements and associated future access and maintenance of utilities. 5. Recording. A Final Plat depicting the boundaries of the Open Space portion of the Property was recorded on , 2019 with the Saratoga County Clerk as Map Nos. . The Declarant shall record this Declaration in the records of the Saratoga County Clerk, who shall ensure that this Declaration is indexed against the Open Space portion of the Property and shall provide the City of Saratoga Springs with a copy of this Declaration, as recorded, within 30 days of execution hereof 6. Compliance Inspections. The City of Saratoga Springs and their authorized agents shall have the right, but not obligation, to enter and go upon the lands of Declarant to inspect the Open Space portion of the Property and take actions necessary to verify compliance with the Restrictive Covenants set forth in this Declaration. 7. Enforcement. The Declarant grants to the City of Saratoga Springs a discretionary right to enforce the Restrictive Covenants set forth in this Declaration in a judicial action against any person or other entity violating or attempting to violate these Restrictive Covenants; provided, however, that no violation of these Restrictive Covenants shall result in a forfeiture or reversion of title. In any enforcement action, an enforcing agency shall be entitled to a complete abatement of and restoration for any violation, as well as any other judicial remedy such as civil or criminal penalties and an award of reasonable attorneys' fees and expenses. 8. Notice to Government. Any permit application or request made to any governmental entity and affecting the Open Space portion of the Property shall expressly reference and include a copy (with the recording stamp) of this Declaration. 9. Property Transfers. Declarant shall include the following notice on all deeds, mortgages, plats. or any other legal instruments used to convey or encumber any interest in the Property (failure to comply with this paragraph will not impair the validity or enforceability of these Restrictive Covenants): NOTICE: This Property Subject to Declaration of Restrictive Covenants Recorded at [insert book and page references, county, and date ofrecordingli 10. Amendment. This Declaration may only be amended by a recorded document signed by the Declarant after written approval by the City of Saratoga Springs. Amendment shall be allowed at the discretion of the City, in consultation with resource agencies as appropriate, and then only in exceptional circumstances. There shall be no obligation to allow an amendment. 11. Severability Provision. Should any separable part of these Restrictive Covenants be held contrary to law, the remainder shall continue in full force and effect. IN WITNESS WHEREOF. the Declarant has duly acknowledged and executed this Declaration of Restrictive Covenants on the date written above. By: Printed Name: Title: STATE OF NEW YORK ) ss.: COUNTY OF On this day of in the year Two Thousand Nineteen, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the 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( ), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC—STATE OF NEW YORK