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RTHISINDENTUMmedethe 12th dayof June ,nineteenhundrecland -sixty-seven
JETWEEN
IDA W. HURST, as surviving tenant, residing at Gardiner's Bay
Estates (no number), East Marion, New York,
party of the first part,and
RALPH MARTIN and HELEN S. MARTIN, his wife, both residing at
81 Country Club Drive, Port Washington, Long Island, New York,
party of the second part,
WITNESSETH,that the party of the first Part,in consideration of
Ten ($10.00)-------------------------------------------------dollars
,
lawful money of the United States, paid
by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or
successors and aasigns of the party of the second part forever,
ALL that attain plot,piece or parcel of land,with the buildings and impron,emeents thereon erected,situate,
lyingandbeiagjpdba at East Marion, Town of Southold, County of Suffolk,
State of New York, bounded and described as follows:
BEGINNING at a point on the highwater mark of Gardiners Bay distant
fifty (50) feet in a southwesterly direction from the southwest corner
of Lot No. 4 as shown on a map known as "Map of Section Two, Gardiners
y Bay Estates, situate at East Marion, L. I.", which map was filed in the
Suffolk County Clerk's Office, September 23rd, 1927, under No. 275;
running thence in a northerly direction and parallel with the westerly
line of said lot No. 4, one hundred ninety-four and two tenths (194.2)
feet to a certain private right of way; running thence along said right
of way in a westerly direction a distance of forty-seven and forty-four
one hundreths (47.44) feet to Old Orchard Lane; running thence in a
ij southerly direction and parallel with the first course, two hundred ten
ie210) feet to the hi hwater mark of Gardiners ea g
� ( g y; rennin thence in an
easterly direction along the high water mark of Gardiners Bay a distance
s of fifty (50) feet to the point or place of beginning.
TOGETHER with all of the right, title and interest of the
grantors in and to the land lying between the ordinary high water mark
of Gardiners Bay as shown on the filed map above referred to and the
existing high water mark of Gardiners Bay as it lies between the easteriy
and westerly lines of the above described premises extended southerly
to said ordinary high water mark of Gardiners Bay as it now exists.
Being and intended to be a portion of lot No. 6 as shown on a
certain map entitled "Map of Section Two, Gardiners Bay Estates situate
at East Marion, L. I." which said map was filed in the Suffolk County
Clerk's Office, September 23rd, 1927, under No. 275.
Together with a right of way over a certain private right of way,
twenty (20) feet wide as now laid out in the rear of said lot.
Together with a right of way over all streets, avenues, and lanes
as shown on said map to pass and repass for street purposes, but no fee
to the land in said streets, avenues or lanes is conveyed hereby.
Together with all right, title and interest of the party of the first
part in and to the waters in and the land under the waters of and in
Gardiners Bay immediately in front of and adjoining said premises.
The parties of the second part are to have the right to use the
beach lying between Spring Pond and the Bay and Old Orchard Lane and
the Channel marked upon the said map as "Beach for use of lot owners--
for
wners"for bathing and similar purposes and are to have a right of way over
the beach to the water subject to such reasonable restrictions as
9 6167 -,x.596
may be imposed by the Gardners Bay Company, Inc., and such use to be in
common with other persons to whom such rights may be granted by the
Gardners Bay Company, Inc., the parties of the second part hereby
covenanting and agreeing to pay to the Gardners Bay Company, Inc., the
sum of Five ($5.00) dollars per year for the use of such beach, this
amount of Five ($5.00) dollars per year to be paid to the Gardners
BY Company, Inc., in advance on the first day of January in each and
every year, beginning January lst, 1930. It is understood and agreed
that the party of the second part is not to receive any title to the
land in the said beach, or any rights or title to the waters and the
land under waters adjoining the said beach, other than as above, and
the Gardners Bey Company, Inc., reserves the right to cut a canal or
canals, ditch or ditches, through the said beach, and to erect bridges
over the same the use of the said beach, of the waters adjoining, and
of the beaches and canals to be entirely at the risk of the party of
the second part, who is to hold the Gardners Bay Company, Inc., harmlese
from any damage or damages which said party of the second part, or his
heirs or assigns may suffer while upon the said beach or in the said
waters.
The said sum of Five ($5.00) dollars per year for the use of the
beach is to be a lien upon the land described herein until paid and in
the event that any such sum or sums be and remain unpaid for more than
sixty days after becoming due, then the owner of the premises shall
forfeit all rights under this clause, at the option of the Gardners
Bay Company, Inc., and the Gardners Bay Company, Inc., or its successors
or assigns may take such steps as may be necessary to enforce the lien
for such unpaid sum or sums against these premises.
The parties of the second part for themselves, their heirs and
assiqns do hereby covenant with the Gardners Bay Company, Inc., its
successors and assigns that they will not use or permit the said land
to be used for any purposes whatever, other than dwelling or residential
purposes. That nor more than one dwelling house shall be erected upon
said premises, to be constructed for use and occupancy by not more than
one family, plans for it to be submitted to and approved by the Gardners
Bay Company before construction is started; no dwelling to be erected
nearer than twenty-five (25) feet to the line of the bluff as it now is;
that no fence of any '.rind shall be erected or permitted upon the said
premises whether hedge or otherwise more than three feet high; that not
more than one private garage, large enough for the accomodation of not
more than two automobiles shall be erected or permitted upon said
premises for such dwelling house; that no garage shall be erected
within one hundred twenty-five (125) feet of the line of the Bluff as
it now is or within one hundred (100) feet of the the line of Oak Court;
that no outside toilets shall be permitted or erected upon the premises;
that no cesspool shall be built or permitted nearer than seventy-five
(75) feet to any well on any lot located on the said bluff; that no
dwelling shall be erected within twenty-five (25) feet of the line of
Oak Court; that no poultry house of any kind, pig sty, or dog kennel
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 hereof that they may be altered or annulled at any
time by the written consent of the Gardners Bay Company, Inc., without
obtaining the consent of any of the owners of the adjoining land.
BEING AND INTENDED TO BE the same premises conveyed by Albert A. Olsen
and Annie L. Olsen, his wife, to James H. Hurst and Ida W. Hurst, his
wife, by Liber 1461 at page 302. The said James H. Hurst having died
at Greenport, New York, in 1950.