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HomeMy WebLinkAboutL 7671 P 415 i FORM NO N. Y. DEED—QUIT CLAIM TUTBLANX I'IS Te"D us InT.ovwee 1 Tutrle Law P ml PuCLsheis.Rut/andlt r. �.� (Lawaof 1817,Chap.681,Statutory Norm 1)44 ) j 4 I n ® i I Made the 7 day of July Nineteen Hundred and � S seventy-four GARDNERS BAY COMPANY, INC. , a corporation organized un4er- the, laws of the State of New York, having its principal place of business at 120 Rockaway Avenue, Rockville Centre, N.Y. 11570, Party of the First Part, r ro V i r _ part, of than first fiart, tsnd GARDNERS BAY ESTATES CLUB, INC. , a membership corporation under the, IGD laws of' the State of New York, having its principal place of business y� at Gardners Bay Estates, East Marion, N. Y. 11939, m a part Y of the second part, that the part y of the flrsf part, in consideration. _of TEN ANEr 00/100 ($10 .00) --------------------------------------Dollar 10. 00 ) lawful money of the United States, and other good and valuable consideration, paid by the part y of the second part, t do eshereby remise, release, and quitclaim unto the part y of the second part, ' fns and assigns orever, all its successors � those certain plots, pieces or parcels of land, situate, lying and being at East Marion, in the Town of Southold, County of ,Suffolk, State of New York comprising all of: th rrs land, rights and appurtenances conveyed to the Party of the First Part t':E by Deed recorded in the Suffolk County Clerk' s Office in Liber 1123 cp 222, including but not limited to all the streets, roads, lanes, drives, circle,. courts, paths , rights of way, strips includingthe one foot strip of land bordering the following filed maps on the westerly i boundary thereof, and the two-foot strip of land bordering the follow- ing filed maps on the easterly boundary thereof; beaches, "Beach for Use of 3,ot; Owners" Fox Island, bulkheads , bridge, lands lying under water, ;ineluding the land under the waters known as "Spring Pond" 4 and its tributaries and channels, an riparian-rights-as shown on the following three filed maps: g 1. Gardiner' s Bay Estates Sec. #1 filed 9/23/27. #255 2. Gardiner' s Bay Estates Seca #2 filed 9/23/27, #275 3. Gardiner' s Bay Estates Sec. #3 filed 4/24/68 #5083; but excepting therefrom (1) any descriptive parcels heretofore conveyed by the Party of the First Part out of said land; and ,(2) all the lots as shown on the above referred to maps which exception includes the following lots title to which is retained by the Party of the First. Part: lots Nos. 16 , 151, part of lot 153, 156 thru 160 and 167 thru 172 , as• shown on Map of Sec. #2 , and lot 173 as shown on Map of Sec. 1 #3. y The Partys of the First Part conveys to the Party of the Second - Part allrof its-right, title and interest in Old Orchard Lane running northerly from within the said filed maps to the Main Road, and all «� LESTER M. ALBERTSON RECORDED JUL 10 19TH Clerk of sI� County. y ea ., ...:,. « rr.w . . . � �ih `` ir:�..i1-w �...: i'��a:m✓Nn,.rvyq�'c»'ra•a•8 sof its right, title and interest in Cedar Lane running from the north- westerly section of the aforesaid map known as Gardiner' ,c Bay Estates Sec. #2, running northerly then easterly and again northerly to the Main Road and lying between the land conveyed by the Party of the First Part to Wayland C. Brown and Bertha K. Brown, his wife, by deed recorded in the Suffolk County Clerk' s Office in Liber 2225 cp 270, and accordin to a survey made by Otto W. Van Tuyl, Licensed Surveyor, Greenport, N.Y. 12/4/41. The ,Pa;ty- of. the First Part further hereby assigns, transfers and conveys.rto the Party of the Second Part any and all rights to the main- tenance - fees for the "Beach for Use of Lot Owners" (as shown on said filed. maps) to become due annually from all of the lot and fee owners as referred to in the reservations and covenants recited in the Deeds from the Party of the First Part to the lot and fee owners, or their predecessors in title, and the right to collect the same commencing with the year January 1, 1975 . l f _ The Party of the First Part further transfers and assigns to the^ Party of the Second Part any and all rights to and enforcement of all the covenants and restrictions running with the land, including use and building restrictions, as set forth in the Deeds to the Lot and fee own ers, or their predecessors in title; the Party of the Second Part to be substituted for the Party of the First Part, as set forth in the Deeds from the Party of the First Part to the lot and fee owners, or their predecessors in title. There shallrbe excepted from this conveyance by the Party of the First Part to the Party of the Second Part the following: 1. The Party of the First Part shall retain title to the two-foot strip bordering Lot 1 on the east from the mean high water mark to a point where the northerly line of Oak Court extended eastward meets the easterly line of said strip. 2• The, Party of the First Part shall retain title to Beach Court from the boundary line between lots 155 , 156 extended southerly to the westerly end of Beach Court. 3. The Party of the First Part shall retain title to Cedar Lane from the boundary between lots 150 , 151 extended westerly to the southerly end of Cedar Lane. 4. The Party of the First Part reserves the right to cut a road running easterly thru lots 151, 153 from Cedar Lane to Pine Place. The following conditions pertain to the conveyance: 5. The lots on filed Map of Gardiner ' s Bay Estates Sec. #2 and #3 which are presently owned by the Party of the First Part shall be exempt from payment of the annual fee of $5 . 00 for "Beach for Use of Lot Owners" so long as title thereto remains in the Party of the First Part, and said lots shall- retain all the rights and privileges of the lots heretofore conveyed. 6. Lots 1, 2 , 3, 4, 16 , 31, 50 and the northerly half of Lot 49 shall be exempt from the annual payment of $5. 00 for the "Beach for Use of Lot Owners" for such period of time that they are owned by Frank S. Thorp, or Lois Johnson Thorp, or Gladys D. Hicks, or their respective dis- tributees. 7. No structure may be erected on the "Beach for the Use of Lot owners " . 8. No residential structure may be erected on Fox Island or within Knoll Circle. 9. The annual $5.00 fees for "Beach for Use of Lot Owners" which are unpaid for the years prior to January 1, 1975, remain the property of the Party of the First Part and any such fees as may be collected by the Party of the Second Part will be remitted to the- Party of the First Part. - It is the intention by this Deed to convey to the Party of the Second Part all property and rights still remaining in the said Party of the First Part as contained in Deed recorded in the Suffolk County Clerk' s Office in Liber 1123 cp 222, together with all covenants and restrictions running with the land as contained in the several deeds from the Party of the First Part to the several lot and fee owners, or their predecessors in title, except as limited by the preceding provisions of this deed. LESTER M. ALBERTSON R E C O R D E DJUL 10 1974 Clerk of Std-fo& County. I 7871 417 11 ® i 10 4 11 r with the appurtenances and all the estate and rights of the part jv of the first part in and to said premises, I i i I the premises herein granted unto the party of the second part, its successors and assigns forever. The Party of the First Part, in compliance with Section 13 of the Lien Law, covenants that the Party of the First Part will receive the consideration 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 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. the part Y of the first part ha s hereunto set its hand and seal the day and year first above written. ' ��Zt�UYPSt'itCf tt� e. GARDNERS BAY COMPANY, INC. %: r ,��" tin .sa.•i . BY1tCrL .,}� �L rl-fzLI1 G% President n .. . - �. .r '�( •c ter : a r i i +I. - -Al ESTATE STATE OF * , TRAWFI.° ?c„ k 4NFW PORK * It « a, i izjtlon JULIO'11 LESTER M. ALBERTSON RECORDED JUL 10 1974 Clerk of svffA C«,