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HomeMy WebLinkAboutL 7145 P 244 84ndard N.Y.B.T.U. Form 8007—I0M-2-69—Bargain and Sale Deed,with covenant againat Grantor's Act&—Individual or fnrPontion. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT•THIS INSTRUMENT SHOULD BR USED BY LAWYERS ONLY LIBER 7145 PACE 244 pO jY THIS INDENTURE,made the 14th day of April -, nineteen hundred and seventy— t cao BETWEEN GARDNERS BAY COMPANY, INC. , a New York Corporation, having its principal place of business at No. 120 Rockaway Avenue, ti Rockville Centre, New York, 1' party of the first part,and EDNA A . HEMPEL, residing at No, 130 Rolling Street , Lynbrook, New York, party of the second part, WITNESSETH,that the party of the first part, in consideration of — — — — — — —TEA! and 00/100 — — — — — — — — — — — — — — — dollars, rlawful money of the United States, paid i by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, w{litalkeCbn9[UdA1 ��.�rr21AE*X1X,tTL'Ot situate, M ��� XX�UI h \ C\ I lying and beingfnxbk at Southold, County of Suffolk and State of New York, p`,N jlknown and designated as Lot No. 186, on a certain map entitled, �= "hiap of Gardners Bay Estates, Section Three, " and filed in the y � Office of the Clerk of the County of Suffolk on April 24, 1968 as Map No, 5083. TOGETHER with a right of way to pass and repass for street , purposes over all streets on said map and over all streets includ- � ing "the paths" leading to the beach shown on "Map of Section Two, Gardiner's Bay Estates", the fee to the land in said streets and ( paths, however, to remain in the seller,) TOGETHER with the right to use the beach lying between Spring Pond and the Bay and Old Orchard Lane and the Channel marked upon Map of Section Two, Gardiner's Bay Estates, as "Beach for use of lot owners" for bathing and similar purposes and together with a nj right of way over the beach to the water, subject to such reasonable O , restrictions as may be imposed by the party of the first part and such use to be in common with other persons to whom such rights may lobe grunted by the party of the first part , the party of the second part hereby covenanting and agreeing to pay to the party of the afirst part the sum of five ( 5e ) Dollars per year for the use e = Il such beach, this amount of ,five (55.) Dollars per year to beaia' ! to the party of the first part in advance on the first day of January in each and every year beginning January 1st , 1972. It is bounderstood and agreed that the party of the second part is not to 7O I� receive any title to the waters and the land under waters adjoining Ithe said beach, other than as above, and the party of the first part ! reserves the right to cut a canal or canals, ditch or ditches, !: through the said beach, and to erect bridges over the same, the use lof 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 is -+ to hold the party of the first part harmless from any damage or r.1 o x) ! damages which the said party of the second part or their heirs or lassigns may suffer while upon the said beach or in the said waters. �. j � If default be made in the payment of said sum of five ( 5.) dollars �•, r... Ifor the use of the beach, as provided above, and should such default M ; continue for more than sixty (60) days after notice and demand then o < 0 i II LIBER7145 145 PAGE 245 the owner of these premises shall at the option of the party of the first part forfeit all rights to the beach, and the party of the first part , its successors or assigns, shall have the right and I power to bring all necessary actions against the owner of these premises or any part thereof, for the collection of such sums as may be due, with interest, such sums to be and remain liens upon the above described Zand until paid. The party of the second part for themselves and their heirs and assigns, do hereby covenant with the party of the first part , its successors and assigns, that they will not use or permit the said land to be used for any purposes whatever, other than dwelling or residential purposes. That no building of any kind other then one dwelling shall be erected on said premisesuhich shall be constructed for use and occupancy by not more than one family, plans for such dwelling to be submitted to and approved by the party of the first part before construction is started; that no garage shall be erected upon the said premises, unless it be erected as part of the dwelling thereon, plan to be approved by the party of the first part as above; the location of the dwelling to be approved by the party of the first part before construction is started. After completion no alteration or addition to such dwelling shall be made without the written consent of the party of the first part . The completion of a dwelling shall , however, be sufficient evidence of the approval of the plan thereof by the party of the first part ; 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 of any kind, pig sty, or kennel for more than two dogs shall be erected or permitted upon said premises; these covenants to be binding as real covenants running with the land, it being under- stood and made a condition thereof, however, that they may be altered or annulled, at any time, by the written consent of the party of the first part , without obtaining the consent of any of the owners of the adjoining land. The party of the first part covenants and agrees that the approval by the party of the first part provided for in these covenants and restrictions shall not be unreasonably with- eld. This conveyance is made in the regular course of business actually conducted by the party of the first part . rri C") Q 0 rri a -o � I N r - (/ O i� c ' as rn fl O r I C V? 0 < Z