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77115 INDENTURE,made the Jr- day of ,nlnetecn hundred and sixty-seven
BETWEEN WILLIAM J. MULLAI and tILADYS MULLANE, his wife, residing at
926 South Country Road, Bellport, New York,
party oftht first part,and ROBERT G, KRAMER.and DOROTHY C. KRAMER, his wife,
residing at 917 North 6th Street, New Hyde Park, New York,
1 party of the second pan,
WITNESSETH,that the party of the first part in consideration of
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iTen and 00/100 ($10.00).......................................dollars,
lawful n,...yofthe United States, and other good and valuable considerationpaid
by the party of the second part,does hereby grant and release onto the party of the second part,the heirs or
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m sucrossors and assigns of the party of the strand part force,, -
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aALL that certain plot,piece or parcel of land, .in ate,
lying and being in the at East Marion, Town of Southold, Suffolk County, State
I
of New York, described as follows:
i BEGINNING at a point on the northeasterly aide of west Lane one
hundred (100) feet northwesterly of the intersection of said line of
West Lane with the northwesterly line of land conveyed by the parties
of the first part (Frank S. Thorp and Lois Johnson Thorp, his wife) to
William V. Howard and Ruth W. Howard by deed dated September 19, 1951,
and running thence northeasterly at rightangles to West Lane one
i hundred thirty (130) feet, thence northwesterly parallel to West Lane
one hundred (100) feet, thence southwesterly again at rightangles to West
Lane one hundred thirty (130) feet to West Lane and thence southeasterly
1 along the northeasterly line of West Lane one hundred (100) feet to the
I point of beginning.
1
Together with an easement to pass and re-pass over South Lane, East
Lane, West Lane and North Lane out over Sylvan Drive and Old Orchard Lan
to the main road for the purpose of access to said premises from said
highway and together with the right to use the beach along ILardiner-s Ba
as hereinafter described for bathing and similar puposes with an ease-
ment for a right of way over the path leading from South Lane to said
beach, such use to be subject to such reasonable restrictions as may be
imposed by the parties of the first part and to be in common with other
persons to whom similar rights may be granted by the parties of the fire
park,the parties of the second part hereby covenanting and agreeing to
pay to the parties of the first part the sum of ten ($10) dollars per
1 year for the use of such beach, this to be paid to the parties of the
first part in advance on the first day of January in each and every year
beginning January 1, 1959. It is understood and agreed that the parties
of the second part are not to receive any title to the land in said
beach or any rights or title to the waters and the land under waters
adjoiS}ing said.beach other than the use as set forth above, the parties
of the second part to use the said beach and waters entirely attheir
own risk and they covenant and agree to hold the parties of the first
part harmless from any damage or claim for damage which the parties of
the second part of their distributees or assigns may suffer while upon
the Bald beach or in the said waters.
LIER 10 .PACE
If default be made in the payment of said sum of ten ($10) dollars far
the use of the beach and should default continue for more than sixty(60)
days, the parties of the second part shall at the option of the parties
of the first part, forfeit all rights to the beach and to the use thereof
and the parties of the first part, their legal representatives or assigns
:shall have the right and power to bring all necessary actions against the
.parties of the second part, their distributees, legal representatives or
assigns, for the collection of such sums as may be due with interest,
such sums to be and -remain liens upon the land until paid.
Premises are conveyed subject to building and zoning ordinances and
regulations df any of the Town or County and to the follwing covenant
of restrictions;
Parties of the Second part for themselves, their legal representatives,.
distributkes and assigns do hereby covenant with the parties of the first
, part, their legal representatives, distributees and assigns that they
I.will not use or permit the said premises to be used for any purposes what
;der other than private dwelling residential purposes; that no building of
'zany kind other than one dwelling house shall be erected on said premises
and it shall be constructed for use and occupancy by not more than one
family, plans for such dwelling to be submitted to and approved in writ-
:ing liy the parties of the first part before construction is started;
'that no garage shall be erected upon said premises unless it is erected
has a part of the dwelling thereon, plan to be ap€roved in writing by the
part fes of the first part, and no dwelling shall be erected upon said
!premises less than ten (10) feet from the side and rear lines thereof or
nearer
than thirty (30), feet to the lines of South Lane and East Lane.
'%+£ter completion no alteration or addition to such dwelling shall be made
without the written consent of the parties of the first part. The com-
�pletian of a dwelling shall be sufficient evidence o£ the approval of
:the plan thereof by the parties of the first part providing they have had
;written notice served upon them of the intention to build and a cony of
;the plans has been served upon them. That no fence of any kind shall be
'erected or permitted upon said premises whether hedge or otherwise more
'than three (3) feet in height; that no outside toilet shall be bermmorer',
'or erected thereon; that no poultry house of any kind or building for the
Imefrtenance of any animal shall be erected or permitted thereon other
than a kennel for not more than two dogs; these covenants to be binding
'as real covenants running with the land; it being understood and made a-
c
thereof that they may be altered or annulled at any time by the
'written consent of the parties of the first part without obtaining the
'consent of the owners of the land which may be conveyed to other owners
by the parties of the first part.
The beach of which the use is .ranted to the parties of tie second.
Bpart and the right of way leading thereto is described as follows:
EGINNING at a concrete monument at a point on the southeasterly line of
South Lane which is distant wnen measured along said line 67.34 feet
northeasterly of the northeasterly line of land conveyed by the parties
of the first part toFlora E. Gernannt; and running thence S. 3101, 30"
East 177.68 feet along other land of the parties of the first nart to a
concrete monument; thence southwesterly a straight line along other land
of the parties of the first part 67 feet more or less to a point on the
northeasterly Line of said lana sol P, to Gernannt which point is dist=ant
17F.94 feet southeasterly of South lane when measured along GernanntIF
land; thence S. 31° 1' 30" fast along said land sold to Flora E. Gernannt
57.71 feet to the ordinary high water mark of Gardiner-s Bay; thence
northeasterly along said ordinary high water mark 150.82 feet more or
les= tb t'he p,in t
ini of its intersection with a line drawn on a course
S. 31° I 30" last from a concrete monument on the southerly side of
South lane distant 77.75 feet northeasterly from the point of beginning;
running hence N. 31° 1' 30" W. 56.87 feet more or less to a concrete
monument; thence southwesterly a straight line 70 feet more or less along
other land of the parties of the first hart to a concrete monument; taenc:
J. 310 1' 30" W. alone oiler lands of the parties of the first hart
171.37 .`.set, to a monument on the southerly sine of South Lane; and thence
4>° 460 30" v%est along Sout'I Lege 10.41 feet to t1; -point of besinnin._-
It is under.=.tool and agreed t,at tie parties of the second mart ani'
t:Ieir distributees and assigns will consent to the installation of the
caeressary poles or ee,uip®nt for electrical service along the rear
,oundary line of this property, should the utility cpmlauy recuire teat
this be done. _—
F—ING and intended to be the same premises heretofore conveye? to the,
r tors irreio by a pd of Fr nk S. Thorn anel This Johnsnn Thorn, his ...jf
tPn .lovpnber 2.1, 1;ti9 and recorded in the Suffolk count+ Clerk's tffice�
pec 1, 195l, in Jibe 5553 of deeds, page 07. - -