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HomeMy WebLinkAboutL 6156 P 32 1 W r.TaTA.-I�M�►s-OM1 P.�-tJF1Yd r PFetlr. 56 a 38 /y TM QWOM4 made the /% - day of Nay ,aba,,no hundred and s i x t y-s even, RETWIRM 6LADYS D. HICKS, residing at East 7farion, Suffolk County, Now York, as eaµytor of the last will and testament of Florence E. Hicks ,late of East Marion, Suffolk County, New York, ,deceased, party of the firat part,and GLADYS D. NICKS, residing at East ;'ari,n, Suffolk County, New York, O party of the second part, WITNESSETH,that the party of the first part,by virtue of the power and authority given in and by said last will and testament,and in consideration of P a TEN (710.00) dollars, n e lawful money of the United States, paid by the party of the second part, does hereby grant and rdom unto the party of the second part, the heirs or successors and assigns of the party of the,round part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being iflhe of East Marion, in the Town of Southold, County of Suffolk, and State of hew York, which plot is known as and by the lot number 31 (thirty-one) as shown on a map entitled, "F;ao of Section Two Gardiner's Bay Est.tes situate at Last ..'arion, Lona Island" which map was filed in Suffolk rouvty Clerk's office on September 23rd, 1927 under the number 275. Together with a right of way to pass and repass for street purposes over Knoll Drive and aZZ streets on said n r faciading "the paths" leading to the beach, the fee to the Land in ::aid streets and paths, however, to remain in the :rtq of the first .':rt Together with the right to ase the beach lying batween S ring Pond and the Bay and Old Orchard Lane and the Channel ?:,irked ucon the said map as "Beach for use of lot owners" for bathing and similar purposes, and together with a richt of way cuer Cid Crch::rd Lane and over the beach to the said waters, such use to be subject to such reasonable restrictions as may be imposed by the '.:rty of the first part, and such use to be in common with other or. ors to whom such rights may be granted by the =arty of the first :rt, the parties of the second part hereby covenanting and agi reeng to coy to the party of the first oart the sum of five ('5) doZiers -or gecr for the use of such beach, this payment of fine (?5) doi(a rs mer year to be ^aid to the party of the first -::rt in aduunce r' , the first day of January in each and every year, beoinning J::nu::ry 13t, 1936, It is understood and agreed that the ,artics of the _;ecoaJ part are not to receive any title to the Land in the acid bo<c or any rights or title to the waters and the land under maters adjoining the said beach other than as above, and the <,:rty of tho first dart reserves the right to cut a canal or canals, ditch or ditches, through the said beach, and to erect bridges ouer the same, the use cf the said beach, of the waters adjoining and , f beaches eaches and canals, to be ettirely at the rtsh cf the orgies of the second part, who are to hold the -arty rf the Brat -:_rt harmless from any damage or damages which said crtfos of the second cart, or their i:eirs or assigns may su,f er whZle u;:on the said beach or in the said waters. usA156 33 If default be made in the payment of the sum of five (55) dollars for use of the beach, as erouided aboue, and should such default continue for more than sixty (60) days after notice and demand, then the owners of these -,remises shall at the option of the _arty of the first part forfeit all rights to the beach, and the Darty of the first =art, its successors or assigns shall have the right and oo:uer to bring all necessary actions against the owners of these -remises or any 'art thereof, for the collection of such sums as may be due, with interest, such sums to be and ,remain liens upon the above described land until paid. Said land is conveyed subject to the following covenants of restriction: The parties of the second cart for themselves, their heirs and assigns do hereby covenant with the warty of the first part, its successors and a:;signs that they will not use or permit the said land to be used for any purroses whatever, other than dwelling or residential purposes. That no building of any kind other than one dwelling shall be erected on said nremises 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 sort before construction is started; that no garage shall be erected upon said premises, unless it be erected as a cart of the dwelling thereon, olan to be approved by the party of the first part as aboue; that no fence of any kind shall be erected or cQrnitted 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 Lind, 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 run,,ing with the land, it being understood and made a condition thereof, howeuer, that they may be altered or annuled at any time by the writtenconsent of the r'arty of the first part, without obtaining the co-,sent of any of the owners of the adjoining land. After completion no alteration or addition to said dwelling shall be ,,ado without the written consent of the party of the first part. The completion --f a dwelling shall, however, be sufficient evidence of the approual of the clan thereof by the party of the first part. This deed is delivered in distribution of the estate of Florence E. Hicks, deceased, who died on April 21, 1961s a resident of East :'arion, Suffolk County, New York, 1equing a Last ::'ill and Testament which was duly admitted to probate by the Surrogate's Court of Suffolk County on August 17, 1961, on which said date Letters Testamentary thereunder were duly issued to the undersigned.