HomeMy WebLinkAboutL 4499 P 425 LBEF 499 PAGE 425 --
t!9 31nbentu�e
Made tie — 4th — day of August, nineteen hundred
and fifty-eight,
.All 1.111A.rdnere Be Com n Inc. , a corporation duly orvanlzed
1i underof the 9ta to of ew or hn ping its principal place of
jv^ business at N,. 72 North Village Avenue, P,ockvl'_le Centre, Naeenu County,
H
New York,
izoq"mrmtraPq�iatdysthfmd[leamd ,
party of the first part,
and Kenneth W. Thornhill and Alexandra F. Thornhill, his wife, .5peSding III
at East hta rion, Suffolk County, New York,
IIS pan 1 e sof the second part.
� I
�itneggetfi, that the party of the first pare,is Masideratlen of Ten and 00100 __ I
($10.00) - - - - - - - - - - - - - - Dollars,lawful money of the United States•
and other Valuable considerations
paid by the parties of the second part, do hereby grant and release onto the part Se eoi the
ascend part, thelrdistributees and assigns forever.
rr .those two parcels of land situate at East Marlon, in the Town
of SonTon, Suffolk County, State of New York, described as follows:
Parcel One: Plot shown as Lot 142 and the westerly portion of Lot 143
on the map entitled "Map of Section Two of Gardlnere Bay Estates" which
was filed in the office of the Suffolk County Clerk on September 21, 192
as Map No. 275 which said plot Is described as follows:
BEGINNING at the point on the northerly aide of Pine Place 76 feet -
. westerly of Its intersection with the westerly line.of Lot 145 as shown
on said map; running thence northerly a straight line parallel with the
westerly line of Lot 145 150 feet more or less to Spring Pond as shown on
said mao and along land heretofore conveyed by the party of the first part
to Dan A. Abbott and Madeline A. Abbott by deed recorded in Suffolk Count
Clerk's office In liber 3476 of deeds at page 461 and running thence
westerly along Spring Pond to the westerly line of Lot 142 as shown on
said map (at a path leading from Pine Place to Spring Pond) and running
thence southerly along said path 129 feet more or lase to Pine Place and
�I thence easterly along the northerly side of Pine Place 74 feet more or
lees to the point of beginning.
Parcel Two: Plot consisting of Lots 147, 148, 149, 150 and 152 as shown
onthe above described map, subject to the reservation that in the event
a street or court should be opened running from Pine Place westerly to
� Cednr Lane along southeasterly line of Lots 150 and 152 that then the
pparties of the second part, their distributees or assigns, will o oneent to
it the rounding off of the easterly corner of Lot 152 and the southwesterly
corner of Lot 150 so that vehicles my make a reasonable turn from Pine
Place and from Cedar Lane Into the new street or court,
III Parties of the second part are to have a right of way to pane and repass
for street purposes over all streets on said map Including "the paths"
leading to the beach or Spring Pond, excepting Beach Court lying west of
the Lot 163 as shown on said map and south of the southeasterly line of Lo
150 on Cedar IAne, .the fee to the land in said streets and paths, however,
to remain 1n the party of the first part.
Parties of the second part are to have the right to use the bench lying
between Spring Pond and the bap and Old Orchard Lane and the Channel
marked u on the said ma as Beach for use of lot owne i•e or bath1 and
similar purposes, and ar "
e to he" a right of Way over Old Orchard Late \
�,A499 -nA26 ba subject to euohh tand over the beach to the said waters, such use o
r�aeonable re etrlctions as may be imposed by the party of the first part,
and such use to be in common with other persona to whom such rights may be
granted by the said Gnrdners Bay Company, Inc. , the parties of the second
pert hereby covenanting and agreeing to pay to the party of the first part
the sum of five ($5.00) dollars per year'as to Parcel One and ten ($10.00).
dollars per year as to Parcel Two for the use of such beach, these amounts
to be pa Sd to the Darty of the first part In advance on the first day of
January in each and every year beginning January 1, 1959• In the event
that more than two dwellings are placed upon Parcel Two, then the bench
rent shall be five ($5.00) dollars per Far for each dwelling. It is
understood and agreed that the parties of the second part are not to
receive any title to the land In Bald beach, or any rights or title to
than
athe bove and the party of then first epart dresery at the he srighaia thother
a
oanal
or canals, ditch or ditches, through the said beach, and to erect bridges
d
over the came, the use of the Bald beach, of the waters adjoining,
the beaches ancanals, to be entirely at the risk of the parties of the
second t, who
re to hold the
. part harmless from any
damage orrde me gees party
which Bald nartieesof the first r
secondpart, or their heirs an
jessigne may suffer while upon the said beach or 1n said waters.
If default be made in the payment of the sums required for use of the
Ibeach, as provided above, and should such default continue for more than
sixty days, then the owners of these itemises shall, at the option of the
party of the first part forfeit all rights to the bench, and the party of
the first part,
its successors or assigns shall have the right and power to
lb r Ing all neeeeeery actions against the owners of the premises or any pert
thereof, for the collection of euoh 6ume as may be due, with interest, sue
sums to be and remain liens upon the land until Pthelegal re re sen to tiv id
e,
The patheir parties of the second part for themselves, p
distributees and assigns do hereby covenant with the party of the fir At
tht thewill part, its successors and assigns
when teverY other nthan ot use or permit the dwelling or res idem
Tend to be used for any purposes
g of any kind other than one dwelling shall
tial purposes. That no buildin
, be erected on Parcel One which shall be constructed for use and occupancy
Eby not more than one family, plane for such dwelling to be submitted to
land approved by the party of the first part before construe tion Is started;
that no garage shall be erected upon said premises by the party of the
unlash it be erected Bei
part of the dwelling thereon, Dian to be approved
e location of the dwelling to be approv
first part as above; thed by the
party of the first part before construction Is started, After completion
no alteration or addition to each dwelling shall be made without the writ-
! ten consent of the �erty of the first Wert. Thevaletion of theplan
f eselling
thereof
' shall, however, be sufficient evidence of the appro_
Iby the party of the first part• that no fence of any kind shall be erected
or permitted on said nremiees whether hedge or otherwise) more than three .
' feet high; that no outside toilet shall be erected or permitted thereon;
that no DOnItry house of any kind, pig sty, or kennel for more than two
doge shall be erected or permitted upon said nremi Bee; these covenants to
be binding as real covens me running with the land, It being understood
and made a condition thereof, however, that they may be altered or annulle
Int any time by the written consent of the narty of the first Dart, without
I obtaining the consent of the owners of the adjoining land.
As to as they dortolPa roe lTOnehe aandeas they doens shall annlY In to other nropertleehoneame the mapper
excepting that not more than three dwellings shall be erected aplo said
Parcel Two, not more than one dwelllnR to be erected on any one lot.
Premises are conveyed subject to the above restrictlins and to zoning
, and building ordinances of the Town of Southold,