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FORM NO N. Y. DEED—QUIT CLAIM TUTBLANX I'IS Te"D us InT.ovwee
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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,
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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,
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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,
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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.
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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.
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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 .
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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.
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7871 417
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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,
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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.
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BY1tCrL .,}� �L rl-fzLI1
G% President
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- -Al ESTATE STATE OF * ,
TRAWFI.° ?c„ k 4NFW PORK *
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« a, i izjtlon JULIO'11
LESTER M. ALBERTSON
RECORDED JUL 10 1974 Clerk of svffA C«,