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HomeMy WebLinkAboutL 9304 P 347 C4 AS • Ntnndnrd N.Y.B.T.C. Fann 8007' 1 81.20Tf-Bngaln and Sale Deed.wah Cmrnani sr Gnnror's Aar-Indi.Sdml or Cor -o agm" poon pt" CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENY—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. #IDD.N a% UMR9304wE347 THIS INDENTURE, made the II %t�Vday of" 1>CQVAAa. nineteen hundred and eighty-two BETWEEN Edna A. Hempel 360 Bayview Avenue v'j\ East Marion, New York 11939 DISTRICT SECTION BLOCK LOT( party of the firs8part, and 12 IT 21 zo William G. Hempel, III and Martha E. Hempel, his wife 106 Sheridan Avenue Mount Vernon, New York R .. ... ��` �STpTE PN '15 1533 party of the second part, R (�` f WITNESSETH, that the party of the first part, in consideration of Tkr.VZ>�FfOi>� eouN-n dollars, lawful money of the United States, 1688 paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, cpbxjetti}dja�x � vtR�gy�74atpppg4p situate, lying and being Jwdiac at Southold, County of Suffolk and State of New York, known and designated as Not No. 186, on a certain map entitled, "Map of Gardiner's Bay Estates, Section Three, " and filed in the Office of the Clerk of the County of Suffolk on April 24, 1968 as Map No. 5083. TOGETHER with a right of way to pass and repass for street purposes over all streets on said map and over all streets includ- ing "the paths" leading to the beach shown on "Map of Section Two, / Gardiner' s Bay Estates", (the fee to the land in said streets and paths, however, to remain in the seller. ) TOGETHER with the right to use the beach lying between Spring TAX MAP pond and the Bay and Old Orchard Lane and the Channel marked upon )ESICNATION - Map of Section Two, Gardiner' s Bay Estates, as "Beach for use of 3i.t. 1000 lot owners" for bathing and similar purposes and together with a right of way over the beach to the water, subject to such reasonable 031. 00 restrictions as may be imposed by the party of the first part and such use to be in common with other persons to whom such rights may ilk. 07 . 00 be granted by the party of the first part, the party of the second part hereby covenanting and agreeing to pay to the party of the oil,) 013.00C first part the sum of five ($5. ) Dollars per year to be paid to the party of the first part in advance on the first day of January in each and every year beginning January 1st , 1982. It is understood and agreed that the party of the second part is not to receive any title to the waters and the land under waters adjoining the said beach, other than as above, and the party of the first part reserves the right to cut a canal or canals, ditch or ditches , through the said beach, and to erect bridges over the same, the use of said beach, of the waters adjoining, and of the beaches and canals to be entirely at the risk of the party of the second part, who is 1 to hold the party of the first part harmless from any damage or damages which the said party of the second part or their heirs or assigns may suffer while upon the said beach or in the said waters. If default be made in the payment of said sum of five ($5. ) dollars ^ for the use of the beach, as provided above, and should such default �1 O continue for more than sixty (60) days after notice and demand then ARTHUR J. f ELICE R F C O R D F D inra is Lai clerk cf si,lrLl� ec,:,,1y .y cc�� A LIMR9304PACE348 the owner of these premises shall at the option of the party of the first part forfeit all rights to the beach, and the party of the first part, its successors or assigns , shall have the right and power to bring all necessary actions against the owner of these premises or any part thereof, for the collection of such sums as may be due, with interest , such sums to be and remain liens upon the above described land until paid. The party of the second part for themselves and their heirs and assigns, do hereby covenant with the party of the first part , its successors and assigns , that they will not use or permit the said land to be used for any purposes whatever, other than dwelling or residential purposes . That no building of any kind other than one dwelling shall be erected on said premises which shall be constructed for use and occupancy by not. more than one family, plans for such dwelling to be submitted to and approved by the party of the first part before construction is started; that no garage shall be erected upon the said premises , unless it be erected as part of the dwelling thereon, plan to be approved by the party of the first part as above; the location of the dwelling to be approved by the party of the first part before construction is started. After completion no alternation or addition to such dwelling shall be made without the written consent of the party of the first part. The completion of a dwelling shall, however, be sufficient evidence of the approval of the plan thereof by the party of the first part ; that no fence of any kind shall be erected or permitted on said premises (whether hedge or otherwise) more than three feet high; that no outside toilet shall be erected or permitted thereon; that no poultry house of any kind, pig sty, or kennel for more than two dogs shall be erected or permitted upon said premises; these covenants to be binding as real covenants running with the land, it being under- stood and made a condition thereof, however, that they may be altered or annulled, at any time, by the written consent of the party of the first part, without obtaining the consent of any of the owners of the adjoining land. The party of the first part covenants and agrees that the approval by the party of the first part provided for in these covenants and restrictions shall not be unreasonably with- held. Being and intended to be the same premises conveyed to the Grantor herein by deed dated A pr it 14, 1972 and recorded in the Suffolk County Clerk' s Office on April 21 , 1972 in Liber of Deeds 7145 at page 244. ARTHUR J. EELICE R F C O R D F JAN 25 1QAi Clerk of Suffolk Cnunty.