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HomeMy WebLinkAboutL 4829 P 197 avYN:rar.v.r.s wo.4wam.-sy.Baa.ar.ro.�,�.ras,.•.wm-ra.ua.r 11Gk9 Weis Sit aekwr,iws�aw�sv�asser sssssks wss aswwrr—nr arrrrwrweiao raw ar.wwrrs ear. Guaranty IS Lw4829 Po197 e=32353 .p 1•tID N'mEIYNRL male the,A6•�day of June .mveteeo hundred avd aiZty, V)w R�• EBrwum ALIAND G. EDWAn and BETSY C.,mwfll D._ his wife, batik as . residing at East Marlon, Suffolk county, New York, 9 �S by the V M e �a party of the fw.k part,sad FENDINAND NEMM and BEATRICE M. NEG4�:N, his wife, as tenants en re , both res ng a rlmrose Avenue, Floral Park, New York, party of the second pan, Wrr NESSE K that the party of the first part,in eansidention of ______________________TEN (=10.)------------------------------ ollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second pan,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the piny of the second part forever, 41w41W#�; Ydk�M�MHJ ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, described as follows: BEGINNING at a point on the southwesterly aide of West Lane 225 feet southeasterly of its intersection with the southerly side of North Lane at the point where Bald West Lane is intersected by the southeasterly boundary line of land conveyed by Frank S. Thorp and Loin Johnson Thorp, his 'life, to Neil L. Carto and Lorraine Carta, his wife; and running thence southeasterly along the southwesterly side of West Lane 75 feet; thence southwesterly at right angles to the southwesterly side of West Lane 125 feet to land as shown on eMap of Section 2 Gardiner'■ Bay Estates" owned by Gardiners Bay Company, Inc.; thence northwesterly along said land an shown on said map 75 feet to the said land conveyed to Nell L. Carto and wife; thence northeasterly along aaid land and again at right angles to the southwesterly aide of West Lane 125 feet to the point of BEGINNING. Together with an easement to pass and re-pass over South Lane, East Lane. bleat Lana and North Lane out over Sylvan Drive and Old Orchard Lane to the main road for the purpose of access to said premises from said highway and together with the right to use the beach along Gardinerts Bay as hereinafter described for bathing and similar purposes with an easement for a right of way over the petit leading from South Lane to said beach, such use to be subject to such reasonable restrictions as may be imposed by the sellers' pre- decessor In title and to be in common with other persons to whom similar rights may be granted by the sellers' predecessor in title, the parties of the second part hereby covenanting and agreeing to pay to the sellers' predecessor in title the Sum of ten ($10.) Dollars per year for the use of such beach, this to be paid to the sellers' predecessor in title in advance on the first day of January in each and every year beginning January 1. 1961. It is understood and agreed that the parties of the second part are hot to receive any title to the land in said beach or any rights or title to the waters and the land under waters adjoining said beach other than the use as not forth above, the parties of the second part to use the said beach and waters entirely at their own risk and they covenant and agree to hold.the sellerst predecessor in title harmless from any damage or claim for • ' daamge sd,ieh the parties of the second part or their dl sLribntses 3 I oi,)assigme my suffer while upon tke said beach or In the aid waters. Tt'difaelV be mads, 1e the payment of said sun of ten (110.) doll*" for the use of the Mach and should such default continue for pl Were than Sixty (60) days, the parties of the second part shall at C4V5 the option of the sellers' predecessor in title, forfeit all rights to the beach and to the use thereof and the selle"I predecessor in title, hip legal representatives or assigns, shall keys the right and poser to bring all necessary actions against the parties of the second part, their distrlbutese, legal representatives or assigns, for tie collestise of suck sums as say be due with interest, such suns to be and resales liens upon the land until paid. prgtses are Cpnveyed subject to building and zoning ordinances and regulations if any of the Town or County and to the following Covenant and restriction: Parties of the second part for theanlves, their legal represent- atives, dlstributees and assigns do hereby covenant with the sellers' predecessor In titlep his legal representatives, distributees and assigns that they will not use or permit the said promises to be used for my purposes whatever other than private dwelling residential pur- poses, tkat no building of my kind other than one dwelling house shall be erected on Bald premises and It shall be constructed for use and occupancy by not mora than one family, plans for such dwelling to be submitted to and approved in Writing by the sellers, predecessor in title before construction Is started; that ngarage shall be erected o upon said premises unless it is erected me a part of the dwelling there- on, plan to •be approved in Writing by the sellers, predecessor in title, and me dwelling shall beerected upon said premises less than ten (10) fest fret the side and rear lines thereof or nearer than thirty (30) feet to the lime of West Lane. After completion no alteration or addition to such dwelling shall be made without the written consent of the sellers, predecessor In title. The completion of a dwelling shall be sufficient evidence of the approval of the plan thereof by the sellers' predecessor in title providing he has had written notice served upon him of the intention to build and a copy of the plane has been served upon him. That no fence of any kind shall be erected or pee mltted upon said premises whether hedge or otherwise more than three (3) feet in height; that no outside toilet shall be permitted or erect- ed thereon; that no poultry house of any kind or building for the main- tenance of any animal shall be erected or permitted thereon other than a kennel for not more than two dogs; these covenants to be binding as real covenants running with the land, It being understood and made a condition thereof that they may be altered or &mulled at any time by the written consent of the sellers' predecessor in title without ob- taining the consent of the owners of the land which may be conveyed to other owners by the sellers' predecessor in title. The beach of Which the use is granted to the parties of the sem nd Part and the right of way leading thereto is described as follows: BEGINNING at a concrete monument at a point on the southeasterly line of South Lane which 1s distant when measured along said line 67.34 feet northeasterly of the northeasterly line of land conveyed by sellers' predecessor in title to Flora E. Garment; and running thence south 310 1' 30" east 177.68 feet along other land of sellers' predecessor in title to a concrete monument; thence southwesterly a straight line along other land of sellers, predecessor in title 67 feet more or less to the point on the northeasterly line of said land sold to Ge rnannt which point is distant 178.94 feet southeasterly of South Lane when measured along Gernannt's land; thence south 310 11 300 east along said land sold to Flora E. Gernannt 67.71 feet to the ordinary high water mark of Gardiner's Bay; thence northeasterly along said ordinary high water mark 150.82 feet more or leas to the point of its intersection with a line drawn on the course south 310 1' 300 east from a concrete monument on the southerly side of South Lane distant 77.75 feet northeasterly from the point of beginning; running thence north 310 1' 30" west 56.87 feet more or less to a concrete monument; thence southwesterly a straight line 70 feet more or less aloof other land of sellers' pre- decessor in title to a concrete monumenE• thence north 3l0 1� 30 wast along other lands of sellers, predecessor In tl tie 179.37 feet to a monument on the southerly side of South Lane; and thence south 42o 46' 300 west along South Lane 10.41 feet to the point of beginning. Being and intended to be the same promisee conveyed by Frank S. Thorp and Lbis Johnson Thorp, his wife, to Alfred G. Edward and Betsy C. Edward, his wife, by deed recorded in Liber 4086 of Deeds at page 146. All references to the sellers' predecessor in title as above mentioned are intended to refer to Frank S. Thorp and Lois Johnson Thorp, his wife. SUBJECT to a first mortgage held by the Southold Savings Bank in the amount of $9,500.00 now reduced to $18,413.08 with interest from May 30, 1960. r TOC.THER with all right,title and interest,if any,of the party of the first pan in and to any streets and .P roads abutting the above described premises to the center lines thereof, m TV TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to W L said premises, cl $ TO HAVE AND TO HOLD the premises herein granted ..to the party of the second part, the heirs or L successors and assigns of the part),of the second part forever. ,L The parties of the second part hereto execute and acknowledge this deed for the purpose of evidencing their assumption of the principal and interest due under the bond and mortgage held by Southold Savings Bank in the amount of $9,$00.00 now reduced to $8,413.08 dated June 30, 19$6 and recorded in the Suffolk County Clarke Office in Liber 2700 of mortgages at page 3$8.