HomeMy WebLinkAbout20230861 400 Louden SUP Unitarian Universalist Congregation Deed CovenantsDECLARATION OF
RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS is made this Z. day of
2021, by Wade Newman, ("Declarant"), an individual with residence at 20
Resew ion Avenue, 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 (Open Space)", totating 5.652 +/- acres as shoe"n on map entitled "CS
Subdivision Plat for Louden Road Residential Conservation Subdivision," prepared by Comcr
Post Land Surveying, PLLC, dated August 10, 2020 and filed in the Office of the Saratoga
County Clerk as Map Number k6Zp2� 1 0G?_ ; and
WHEREAS, Declarant has made application for subdivision approval for property in
accordance with the City of Saratoga Springs Residential Conservation Subdivision Ordinance
and related Conservation Area and No Cut Buffer Planning Board Policy. In consideration for
the benefits of said approval provision Declarant is required to restrict certain activities on the
Conservation Area (Open Space) 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 tun 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 conducting or allowing any similar 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 small impacts associated with hunting, fishing, and passive
recreational activities, consistent with the continuing natural condition of the Open Space portion
of the Property, b) ordinary and necessary maintenance including removal of dead, diseased or
dangerous vegetation, And c) uses in accordance with City Code Section 241-12 C. (2)(b) as
identified on the "Final Plat" referenced above and only with City approval.
2. Other Restt fictions. 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
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Wade Newman
Declaration of Restrictive Covenants
interest in the Open Space portion of the Property, nor any lien, obligation, covenant, limitation,
lease, mortgage or encumbrance of any kind shall preclude 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
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 of 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.
S. Recording. A Final Plat depicting the boundaries of the Open Space portion of the Property
was retarded on 2021 with the Saratoga County Clerk as Map
Ncs.97,0MOBt The D clarant 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. Right of Entry. The City of Saratoga Springs and their authorized agents shall have the right,
but not obligation; to enter and go upon the Iands of Declarant at all reasonable times and with
seven (7) days prior notice, absent an emergency, to a) inspect the Property to determine and
verify compliance with, the Restrictive Covenants set forth in this Declaration; bj monitor the
status, condition and location of wetlands and natural resources; c) conduct research and
development of the natural ecosystem; d) enforce the terms of this Declaration; and e) take any
and all actions necessary and appropriate to remedy or abate any violations thereof. The City of
Saratoga Springs and their authorized agents agree to hold harmless the current and future
owner(s) for any and all claims for personal injuries alleged to be sustained while on or
inspecthig the Open Space, except for any such claims arising out of owner(s) negligence.
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. In addition to and not in
limitation of any rights of enforcement specified herein, it is Declarant's intention that all such
rights of enforcement may be exercised by the owner or owners of each of the four (4) lots
subject to the restrictive covenants, either in conjunction with each other or independently of
each other.
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Wade Newman
Declaration of Restrictive Covenants
RzRcR; Wade Newmain
20 Reservation Avenue
Saratoga Springs, NY 12866
S. 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 is Subject to a Declaration of Restrictive Covenants as recorded
at Book: of Deeds at Page in the County of Saratoga Cleric's Office on
of , 2021,
10. Amendment. This Declaration may only be amended by a recorded document signed by the
Declarant alter 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. There shall be
no obligation to allow an amendment.
11. Severability Provision. Should any separable part of these Restrictive Covenants be held
contrM, to law, the remainder shall continue in full force and effect.
YN WITNESS WHEREOF, the Declarant has duly acknowledged and executed this Declaration
of Restrictive Covenants on the date written above.
By:� r r
Printed Name:
Title: 09WV1V
SARAN 6 MARLOW
STATE OF NEW YORK } ROTARY PUSLIearerE OF NEW YOA4
No. CIMA61918DO
IDUAlified In Washington County
COUNTY OF
Fdy commission Expires 03-13-2023
On this --a day of L) ( �n the year Two Thousand Twenty -One, before me,
the undersigned, personail ppeared personally known to me of
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 hislherltheir
signature(s) on the instrument, the individuals), or the person upon behalf of which
the individual(s) acted, executed the instrument,
N T Y PUBLIC — STATE OF NEW YORK
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Wade Newman
Declarations of Restrictive Covenants