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Mads the 21st day of December Nineteen Hundred and
ixty-Six
GARDNERS BAY COMPANY, INC.,
a corporation organized ander the laws of the State of New York, having
its principal place of business at No. 120 Rockaway Avenue, Rockville'.
Centre, Nassau County, New York,
party of the first part, and
SARAH L. GRATH, residing at No. 163 Round Hill Road, Roslyn Heights,
p Nassau County, New York,
i
U `z
�.iii, party- of the second part,
Wdnto8toethat the party of the first part, in consideration of
I� TEN Dollar
(810.00 1 lawful money of the United States, and other valuable
consideration paid by the party of the second part,
does hereby grant and releass 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 3outh1d,
County of Suffolk and state of New York, known and designated as
Lot 47 and the southerly half of Lot 49 on a certain map entitled,
"P,ap of section Two, Gardiner's Bay Estates, situate at East ,arion,
i, Long Island, Otto 'd. Van Tuyl, P.E. & L.S.", and filed in the office
of the Clerk of the Count; of Suffolk on September 23, 1927 as nap
No. 275.
TOGi,THER with a right of way to pass and repasfor 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.
TOG-TEAR with the ri.;ht to use the beach lying between String
' Pond and the Bay and Cld Orchard Lane and the Channel marked upon the
said map as "Beach for ucc of lot owners" for bathing and similar pur-
poses and together with a right of way over the beach to the wi.er,
1 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
, of
such rights may be grant.d by the party of the first part, the
Ilbarty of the second part hereby covenanting and ogre_in- to pay to
the party of the first part the sum of five (35) dollars per year for
:the use of such beach, this amount of five (o5) dollars per year to be
(paid to the party of the first part in a9vance on the first day of
January, in each and every year beginning January 1st, 1967. It is
I�understood anti a�re�d that the party of the .-econd part i'-, not to
!!receive any title to the waters and the land under .raters adjoining
L K,6093 PACE 365
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 ditiches, through
the said beach, and to erect bridges over the same, the use of the
said beach, of the waters adjoining, and of the be4ehes 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 damages
which the ..aid party of the second part or her heirs or assigns may
suffer while upon the said beach or in the said 'waters. If default
be made in the payment of said sum of five ($5) for the use of the
beach, as provided above, and mould such default continue for more
than sixty (60) days after notice and demand then the owner of these I
premises shall at the option of the party of the first part forfeit all
rights to the beach, and the party o£ the first part, its successors
or assigns shall have the right and 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 describedland until paid.
The party of the second part for herself and her heirs and
assigns does hereby covenant with the party of the first part, its
successors and assigns that she will not use or permit the said land
to be used for any purposes whatever, other than dwelling or residen
tial purposes. That no building of any kind other then 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 part before
construction is started; that no garage shall be erected upon said
premises, unless it be erected as a part of the dwelling thereon,
plan to be approved by the Party of the first part as above; the loca-
tion of the dwelling to be approved by the party of the first part
before construction is started. -.fter 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,
it however, be su_ficient 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 tt:ereon; that no poultry house of any kind, pig sty, or
'I kennoi .or 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 understood and made a condition thereof, how-
ever, 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 f the adjoining land.
I, „YcY:.NCE is made in the regular course of business
I actually conducted by the party of the fiat part.
III
6,