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HomeMy WebLinkAboutL 8400 P 358 S=dard N.Y.B.T.U. Forro B 7—I0M Bargain and Sale Deed, w,,h Cormam again,Granmri Aa,—Indi,idual or Cogwmion. D CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD REUSED BY LAWYERS ONLY T .c LTHIS INDENTURE,00PcE3made the da 7of February , nineteen hundred and seventy-eight, 00 ��` Y BETWEEN LOIS JOHNSON THORPresiding at D00c3geg��tlf�tKlNy� 1t %�t7i?QV N aplgyp (yak Courts East �lariont I�e Yorks - 1.4 �..� � /1. �.,.. � t^n • } lit , 4 i. _ .. 1000 f Dist. 17 • W 038 Sec. - , _r - . •: 06 parfyaof the first part,and DANIEL MC MONIGL'E an� GENEVISVS, A. MC MO�IG .Es•.both residing -at 22 Sycamore Streets ,West Hem stead, New ,York, ` Blk. 003 , L t " 11J 2 party of thesecond part, WITNESSETH, that the party of the first part,in consideration bf TSN and 00/100 ($10,00)- - - 11 111 ., i _ ,.. i .•t - ..i' i'r�', li E. .-� .. . dollars, - •- . lawful money of the United States,. 1: z paid- p. by the party of the second part, does hereby grant and release unto the part of the second'part, the he or ol G. .,... successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of Sand, with the buildings and improvements thereon erected; situate; lying and being*xbbE .at Old. Orchards .at East Marion, Town of Southold,.- County of_Suffolk and State of New York, more particularly bounded and described as follo_wss L t:BEGINNING at a point on the .easterly line-of-West Lane 95.0 feet northerly from the intersection with- the northerly 'line: of South Lane :f and. extending thence;, :along the easterly line nf-West .Lane north- 3l: , . degrees •.01 minutes 30 seconds west, 100,0 feet to ,land; now or formerly of SICULIANE; thence• along said: land. of SICULIANE north 58 degrees.: 51; minutes•30, seconds:east 130,0:feet to land, now or,formerly:of Daly; thence along said 1•and.of. Daly south:3l; degrees�i0l minutes- 30 seconds !-! east 62.23 feet to .land,. now or formerly of .Dixon;.-thence along said - -- land of- Dixon south 42 degrees 46,minutes 30, seconds west.=135.37 feet.- to the. easterly, line of West Lane being: -the point of •BEGINNING.: ol.. L'9 TOGETHER with an easement. to' pass and..repass over ;South Laney East x Lane, ;West Lane and ,North_Lane out. over Sylvan.Drive and Ola Orchard r?i M Lane to road-for the purpose of access ,to said�premises' from said highway J, - TOGETHER with the right to use the beach along Gardiner's Bay as , hereinafter described for .bathing and- similar purposes with-- an -easement fora right of way over ithe path-leading from South Lane to said beach, such- use to be subject to such reasonable restrictions as. may be im- posed by the party of the first. part and ­to-be in:common with other persons-to whom similar rights may be• grassted by the party of the first part, the parties of the second part, hereby covenanting-and - : agreeing to pay to the party -of the first: part the sum of ten ($10.00)', dollars, per year' for.the use -of such. beach,' this to be paid -to the party of the first part in advance on the •first day of. January•inl each and every year beginning effective January 1, 1978.• IT_ is=anderw stood and agreed that the parties of the-second:part are not to receive any title -to the- land in .§aid beach or any rights or title to the waters and the land under waters adjoining said beach. other thaw=the-use:-as set. forth above, the parties of the . second part• to use the said beach and waters-entirely at their own risk sand they covenant abdr-agree- to hold •th_- party. df the'.first -part -harmless fromiany damage or claim for.damage - which the partiesofthe second part or their' distributees or assigns ,: may suffer while upon-the said beach or-in-the said waters* , - If -default be made in thepayment of said sum of ten ' ($10,00) , ARTHUR J. FELICE ` R E C O R D E DMAR 131978 Clerk of Suffolk County dollars for the use of the beach and should default continue for more than sixty (60) days after written notice, the parties of the second r CeD part , shall, at the option of the party of the first part, forfeit all rights to the beach and -to the use thereof and the party .of the•?first part, her ' legalirepresentatives or assigns, shall havelthe right and G power to bring all necessary actions against ,-the parties of the .seeond CD party, their distributees; legal representatives or,assigns -for the "d4 collection of such sums,-as may be due with Interest; such sums to be, QO and remail liens .upon -the land until paid. .: r, � `= m •Premises are conveyed .subject -to the building and zoning ordinances land regulations; if. anyy of the Town of,•Southold• and;County of+ Suffolk Wand to the zfollowing:covenant•of, restrictions: � .,It, ' <;, = .-' f-" - : : Parties of.the• second part. for .themselves; 'their •legal ,representa- tives,. distribatees and assigns do hereby. :covenant with the party of the�_first part, -her:legal -represent atives, .distributees ;and assigns that they will ,not soar,permit„ the:.said .premises..to,be -used for.ady . .parposes 'whatever ,other• :than private dwelling residential purposes; : that,no building of anyc .kind other than one dwelling house shall be erected:on said,premises and,it shall be constructed for .use' and-occu.. _,pancy;by,not more than one family, plansifor-such-dwelbing shall be submitted to. and approved in,writing:by the party of the first part, ' .1be.foraiconstruction is-started; that no -garage shall be -ereetedrupon= said. premises .unless it is erected.as apart ofr.the dwelling thereon, plan ,to be 'approved in writing by the party of the first part, and no dwelling shall be erected upon -.said premises less than ten .(10) ,feet frdm the side lines thereof or:nearer. than• thirty • (30)' feet to the lines of West Lane 6-, -After completion, no:alteration or -addition to sdch.: dwelling shall -be made without the :written-consent of the party of , -the first•parte .I That.no..fence of any kind shall,be 'erected -or permitted upon,said premises•whnther hedge or :ntherwise more than three (3) feet -, .in height; that no outside toilet shall-.be permitted,or ,erected thereon; .that.,no.,poAltry. house of any.-kind or .buildirig.lor �the maintenance of any animal shall be erected .or permitted thereon other -,than- a. kennel for ,not. more •than _tyro dogs,;: thesd covenants to be binding as. real cove- nants running withithe. land, it being mnderstood and madeia, condition .:thereof, 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 -the. owners of the land which may be conveyed to other owners by the .party of the first part. . ,,o:. . ' 7 . : . ,. .. I The..beach of which .thd use is ,granted to the parties. of 'the second part and the right of way leading thereto is described as follows: BEGINNING at a concrete monument at a point on the southeasterly line of South Lane which is distant when measured along said line 67.34 feet northeasterly of the northeasterly line of land conveyed by the party of the first part to Flora E. Gernannt; and running thence south 310 1' 30” east 177.68 feet along other land of the party of the first part to a concrete monument; thence southwesterly a straight line along other land of the party of the first part 67 feet more or - less to- a- point on the -northeasterly -line- of -said land -sold to Gernannt which point is distant 178.94 feet southeasterly of South Lane when measured along Gernannt's land; thence south 310 1' X3011- east along said land sold to Flora E. Gernannt 67.71 feet to the ordinary high water mark of Gardiner's Bay; thence northeasterly along said ordinary high water mark 150.82 feet more or less to the point of its intersection witha line drawn on the course south 310 1' 30" east from a concrete monument on the southerly side of South Lane distant 77.75 feet north- easterly from the point of beginning; running thence north 310 1' 30" west 56.87 feet more or less to a concrete monument; thence south- westerly a .straight _line 70 feet more or less, along ,other land of the "party of the first part to a concrete monument; thence north X0.1! 30^ west along other lands of the party of the first part 179.37 feet to a monument on the southerly side of South Lane; and thence south 420 46' 30" test along South Lane 10.41 feet to the point of beginning* The above easements, rights of way, covenants and restrictions shall be binding upon, and inure to the benefit of, the heirs, distributees, successors and assigns of the respective parties hereto. Being and,intended ,to be .the same presises, tjOcopveyed to, the party of the first pait herein bq deed dated December 19th, ,1949 and recorded in the Suffolk County Clerk' s Office od Decembei 19th, 1949 in Liber 3028 cp 407. - ' ' ARTHUR J. FELICE R E C O R D E DMAR 13 1978 Mk of Suffolk County