HomeMy WebLinkAboutL 6156 P 32 1 W r.TaTA.-I�M�►s-OM1 P.�-tJF1Yd r PFetlr.
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/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,
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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.