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HomeMy WebLinkAboutL 4488 P 38 LSEA488 PAGGE ((�� ������ �60 'L THIS INDENTURE, Made the day of July, Nineteen 'a' hundred and fifty-eight . BETWEEN ELIZABETH RIEDL, sole Devisee under the last Will and Testament of CARL F . RIEDL, deceased, of 220 Henry Street, Hasbrouck Heights, Bergen County, New Jersey, party of the first part, And HED++'IG B . RIEDL of 111B Burr Place, Hasbrouck Heights, Bergen County, New Jersey, party of the second part . WITNESSETH, that the party of the first part, in consideration of and other good and valuable considerations Five 05 .00) Dollars, lawful money of the United States, paid by the party of the second part, do hereby grant and release unto the party of the second part, her heirs and assigns forever. ALL her right, title and interest of, in and to ALL that plot of land situate at East Marion, in the Town of Southold, County of Suffolk, State of New York, which plot is known as and by the lots numbers FORTY-FIVE (45) and FORTY-SIX (46 ) as shown on a map entitled "Map of i Section Two Gardiner's Bay Estates, situate at East Marion, Long Island" which map was filed in Suffolk County Clerk's Office on September 23rd, 1927, under the number 275.. TOGETHER with the right of way to pass and repass for street pur- poses over all streets- On said map including "the paths" leading to the beach, the fee to the land in said streets and, paths, however, to remain in the previous grantor, Gardners Bay Company, Inc . TOGETHER with the right to use the beach lying between Spring Poet and the bay and Old Orchard Lane and the Channel marked upon the said map as "Beach for use of lot owners" for bathing and slnilas purpoess, and are to have a right of way over Old Orchard Lane and aver the beach to the said waters, such use to be subject to such reasonable restrictions as may be imposed by the said Gardners Bay Company, Inc ., and such use to be in common with other persons to whom such rights may b granted by the said Gardners Bay Company, Inc ., the party of th ..Second part covenanting and agreeing to pay to the said Gardners Bay Companyp Ina ., the sum of five ($5 .00) dollars, per year, for the use of such beach, this payment of five (05.00) dollars per year to be paid to the said Gamders Bay Company, Inc ., in advance on the first day of January in each and every year, beginning January 1st, 1948. 2 LmEF4488 PAsE' 39 It is understood and agreed that the party of the second part is not to receive any title to the land in said beach, or any rights or title to the waters and the land under waters adjoining the scald beach other than as above, and the said Gardners Bay Company, Inc ., reserved 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 the 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 are to hold the said Gardners Bay Company, Inc ., harmless from any damage or damages which said party of the second part, their distributees and assigns may suffer *chile upon the said beach or in the said waters. The said party of the second part for herself, her leagl represen- tatives, distributees and assigns do hereby covenant with the previous grantor, Gardners Bay Company, Inc ., its succe-sors and assigns that she will not use or permit the said lands to be used for any purposes what- ever, 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 then one family, plans for such dwelling to be submitted to and approved by the said previous grantor, Gardners Bay Company, Inc ., before construction is started; that no garage shall be erected upon said premises, unless it be erected as a part of the dwelling thereon, plan to be approved by the said company as above; the location of the dwelling to be .approved by the said company before construction ie started. After completion -no alteration or addition to such dwelling shall be made without the written consent of the said company'. The completion of a dwelling shall, however, be sufficient evidence o" the approval of the plan thereof by the said company; 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 or any land, pig sty or kennel .for more - than two dogs shall be erectad or permitted upon said premises; these covenants to be binding as real covenants running with the land, it being understood and made a condition `hereof, hol,evsr, that they may be altered or annulled at any time by the written. consent of the said 3 LKR4488 PAcF 40 company, without obtaining the consent of the owners of the adjoining A lasid iBEING the same lands and premises acquired by Carl F. Riedl and Hedwig B. Riedl (his sister ) by deed of Gardners Bay Company, Inc ., a corporation of the State of New York, bearing date August 6th, 1947, and recorded in the Suffolk County Clerk's Office on August 8th, 1947, in Liber 2737 of Deeds for said County, on pages- 389 etc. The said Carl F . Riedl departed this life a resident of Hasbrouck Heighta, Bergen County, New Jersey, leaving a last Will and Testament duly admitted to probate before the Surrogate of Bergen County, New Jersey, in and by which he devised his estate, including the premises in question, unto his widow, Elizabeth Riedl, (who did not re-marry), the party of the ' first part hereto; the said Carl F. Riedl departed this life as afore— said on June 10th, 1953. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, her heirs, distributees and assigns forever, subject to covenants of restrictions above set forth and to Building and Zoning Ordinances, if any, of the Town of Southold. AND THE PARTY OF THE FIRST PART COVENANTS AS FOLLOWS: FIRSTt That the party of the first part is seized of the said interest in the said premises in fee simple, and has good right to convey the same; SECOND: That the party of the second part shall quietly 9njoy the said premises; THIRD: That the said premises are free from encumbrances, except as aforesaid] FOURTH: That the party of the first part will execute or procure any further necessary assurance of the title to said premises; FIFTH: That the party of the first part will forever warrant the title to said premises; i ' SIXTH: That the grantor, in compliance with Section 13 of the Lien: Law, covenants -that the grantor will receive the considers tion for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and tbat the grantor will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. { IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand and seal, the day and year first above written. '• In the presence of: .O Cli bh e 1, sole Devisee un er the lass � t fill and Testament of Carl F. Riedl, deceased. Chas . 0 . Hoehn