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Made the 21st day of December Nineteen Hundred andixty-Six x
VtiW jt GARDNER6 BaY COMPANY, INC.,
a corporation organized under the laws of the State of New Yorkyhaving
its principal place of business at No. 120 Rockaway avenue, Rockville
Centre, Wassau County, New York,
park of the first part, and
SARAH L. GARTH, residing at No. 163 Round Hill Road, Roslyn Heights,
;1 . Nassau County, New York,
r.�. party of the second part,
W*Womh,that the party of the first part, in consideration of
TEN Dollar
i
410.00 J lawful money of the United Staten, and other valuable
consideration - paid by the party of the second part,
does hereby (rant and release unto the party of the second part,
her heirs and assigns forever, all that certain lot, piece or
parcel of land situate, lying or 'being at East Marion, Town of SouthBd,
County of Suffolk and dtate of New York, known and designated as
Lot 47 and the southerly half of Lot 49 on a certain map entitled,
"Map of Section Two, Gardiner's Bay Estates, situate at Bast 4arion,
Long Island, Otto W. Van Tuyl, P.E. & L.S.", and filed in the office
of the Clerk of the County of Suffolk on deptember 23, 1927 as Map
No. 275.
TOGETHER with a right of way to pass and repass for street pur-
poses over all streets on said map including "the paths" leading to
the beach, the fee to the land in said streets and paths, however,
to remain in the party of the first part.
TOGETHER with the riht to use the beach lying between Spring
Pond and the Bay and Old Orchard Lane and theghannel marked upon the
said map as "Beach for use of lot owners" for Bathing and similar pur+
poses and together with a right of way over the beach to the water,
subject to such reasonable 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 be grantad by the party of the first part, the
, party of the second part hereby covenanting and agre-drig to pay to
the party of the first part the sum of five ($5) dollars per year for
the use of such beach, this amount of five ($5) dollars per year to be
paid to the party of the first part in advance on the first day of
January in each and every year beginning January lst, 1967. It is
understood and agreed that the party of the -,eeond part £a not to
receive any title to the waters and the land under .waters adjoining
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the said beach, other than as above, and the party of the first part
reserves the right to cut a canal or canals, ditch or aitches, through
the said beach, and to erect brides over the same, the use of the
said beach, of the waters adjoining, and o: the beaches anu canals to
be entirely at the risk of the party of the zueond Dart, who is to
hold the ,arty of the first part harmless from any damage or damages
which the aid party of the second part or her heirs or ae-igns may
suffer while upon the said beach or in the _aid .raters, if default
be made in the payment of said sum of five 65) for the use of the
beach, as provided above, and should such default continue `or more
I than sixty (60) days after notice and demand then the own..r of these
premises shall at the option of the party of the first part -orfit all
rights to the beach, and the pa.-ty of the first part, its successors
or assigns shall have the right and mower to bring all necess fry
actions against the owner of these premises or any part the_eof, for
the collection of such sums as may be due, with interest, such sums
to be and remain liens upon the above describedland until raid.
The party o; the second part for herself and her heirs and
assigns does hereby covenant with the paty of the first rsrt, its
successors and assigns that She will not use or Dermit the ."id land
to be used for any purposes whatever, other than dwelling or residen-
tial purposes. That no buildin6 of any kind other than one dwelling
shall be erected on said premises which 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 Fart before
construction is started; ;hat no garage shall be erected upon said
premises, unless it be erected as a part >f the dwelling thereon,
plan to be approved by the rarty of the first Dart as above; the loca-
tion of the dwelling to be approved by the party of the first part
before construction is started. .iter completion no alteration or
addition to such dwelling shall be made without the .,ritten consent
of the party of the first Dart. Phe completion of a dwelling shall,
however, be su_ficient evidence of the apnroval of the Dian -,hereof
by the party of the first part; that no fence of any kind shill be
erected or permitted on said Dremises (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, _ig sty, or
kennol .or more than two dogs shall be erected or permitted u:,on said
premises; these covenants to be bindint as real covenants ruining
j with the land, it being understood and-made a condition thereof, how-
ever, that they may be altered or annulled ac any time by ..ho ::ritten
consent of the party of the first part, without obtaining tie consent
of any of the owners of the adjoining land.
i
'PfI:: "VEY.,NOE is made in the regular course of business
actually conducted by the party of the fist ^art.
THIS DEED is brine re-recorded fee the purro- o` c^rrectine
the spelline of the name of the grantee from "Ant I . 3Ee T to
_.- SARAH 1. -ggmu