HomeMy WebLinkAboutL 5168 P 316 Nt-1,Z72 IiLHY�LT'YOU LA 31BEFORE SIGNING THIS INSTRUMENT INSTRUMENT
I t.,USED..
,+� YER —THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
T-31 1
Title a 7,S'—_
uarantee R.s_ ... _...... ..__
1236194 THIS INDENTURE,made the 19th day oI May ,ulnemcu hnudred and sixty+two,
BETWEEN GRACE R. NICKLES, also known as GRACE ROGERS DeBEIXf3DOV
NICKLES an formerly known as GRACE ROG'ERS DeBEIXEDON, residing
at Southold, Suffolk County, New York,
�Ev—r
•6 Party of the fiat hart,and
IRAD S. , both
and FLORENCE-Whitney , his wife, as tenants by the
entirety,-both residing at 4litney Lane, R.F,D., G1enHead, Long
island, New York,
n
X part-of the second part
WITNESSETH,that the palm of the first part,"I ahn.iricrrtloo of
TEN ($10.) dnuar,.
lawful 11rile,of me tinted Stabs, and other good and valuable cons iderat ion,p,t;,i
by the party of the second part,docs hereby grant end relchs,enm the party of the xmnd "It the heir'or
statiessars xml a e rs of the party of the...end part fore...,
}';�,"rf�E� �9t7�I�F/�'�. fll ��?if?Id'R�61�!�fh/lhFflshehla�lF:htGM•xeu�u+t4tu1,s�i'Aipir`
ALL that certain plot, piece or parcel of land, with the bui llinFs
thereon erected, situate, lying and being, in the Town of Southold,
County of Suffolk, State of New York, shown and designated on a
certain map entitled "Map of Beixedon Estates, Town of Southold,
Suffolk County, N.Y., Property of Grace R. "Sickles, formerly Grace
Rogers De Beixedon,"made by Otto W. Van Tuyl, Licensed Surveyor, and
s
filed in the Suffolk County Clerk' Office on March 16, 1946 as Map
No. 11472, as and by Lot Numbered 11 in Block Numbered 2 on said Map.
TOGETHER with all of the right, title and interest of the party
of the first part of, in.and to the land lying in the bed of any
street, road or avenue in front of or adjoining said premises to the
center line thereof.
TOGETHER with the right to pass and recess over the roads, streets
and avenues shown on said Map, and the right, in common with other
owners, of the lots shown on said Man, to use the beaches designated
on said Man as Plot A and Plot B respectively, solely for recreation
I and not for commercial purposes.
TOGETHER with a non-exclusive right to dredge (for the sole
purpose of facilitating access by boat to and from Southold Bay) in
petty's Pond on the westerly side of theline running*.South ldegree
05 minutes 20 seconds East and South 22 degrees 21 minutes 00 seconds
East and South 43 degrees 05 minutes 30 seconds East (as indicated on
said map), to within 5 feet of the easterly boundary of all lots south-
erly of Lot 10 in Block 2 on said man. Grace R. Nickles reserves to
( herself, her heirs and assigns, all the right, title and interest to
the _lands under ws.ter of Petty's Pond.
SUBJECT TO THE-FOLLOWING CO`BNAXTS FIND BESTRICTIONS:
Any state of facts an accurate survey would show.
Such state or municipal zoning, planning and building ordinances
and regulations as may be effective.
The rights of the owners of all other lots shown on said map, to
(w5168 rnrs317
pass and repass over any land lying in the bed of any street, road
-'1- or avenue in front of or adjoining the premises hereby conveyed, ,and
to the rights of public utilities to lay and'malntain pipes, con-
duits, poles, wires, etc., in, over and across said streets, roads,
or avenues asmoreparticularly granted and set forth in recorded
easement agreements with New York Telephone Company, Long.Island
Lighting Company, and North Fork Vater Company, Inc.., or any of them.
The said party of the second part, for himself, his heirs and assigns,
by the acceptance of this deed, does hereby covenant and agree that all
Droposed plans for a dwelling house to be erected on said premises shall
be submitted to the party of the first part prior to building the dwell-
ing house, together with a contractor's or architect's certificate that
said building will contain 16,000 cubic feet, as set forth in covenant
1, below; that no garage or other outbuilding shall be erected until
after the dwelling house has been constructed; and that there shall be
no dock or other structure extending into Inner Basin or Petty's Pond a
distance of more than five feet easterly from the easterly line of pre-
mises as shown on said map. '
The purpose of submission of said plans shall be solely to enable the
party of the first part, her heirs or assigns, to make an independent
determination that the proposed dwelling house will comply with the re-
quirements of covenant 1, below. (The: party of the first part covenants
that the existing buildings now on the premises do not violate the cove-
nants and restrictions.)
It is further agreed that insofar as the applicability of the cove-
nants and restrictions hereinafter set forth is concerned, the premises
above described shall be considered as consisting of one single lot.
AND the said party of the second part, for himself, his heirs and
assigns, by the acceptance of this deed, does hereby covenant and agree
to and with the said party of the first part, her heirs and assigns.as
follows:
1. That neither said party of .the second part, nor his heirs or
assigns shall or will erect or permit upon any portion of said premises
any building except a single detached dwelling house for occupancy ex-
clusively as a residence by one family only, of not more than two.
stories in height, and containing within its exterior walls not less
than 169000cubicfeet, and except a private garage and other necessary
and proper outbuildings (excepting privies) for the use of the occupants
of said dwelling house.
2. That no building shall be erected or permitted on said premises
which, measured from its main foundation walls shall be within ten (10)
feet of any line forming the boundary between the lands hereinabove con-
veyed and other lands not of the party of the second part, his heirs or
assigns.
3. No fence shall be erected or permitted upon said premises exceed-
ing five (5) feet.in height, nor-any hedge exceeding six (6) feet in
height.
The aforesaid covenants shall be deemed to be covenants running
with the land and the said party of the first part, her heirs and assig-
ns and the owner or owners from time to time of any of the other lots
shown upon the map hereinabove referred to, deriving title from or
through the party of the first part, may institute and prosecute any
action or proceeding at law or in equity against the person or persons
violating or threatening to violate the same.
The existing dwellings or use of existing foundations in-.the con-
structLon of dwellings not otherwise. permitted shall not be deemed to
violate the aforesaid covenants.
Nothing herein contained shall be construed nor shall there be any
obligation upon the party of the first part, her heirs or assigns to
restrict in any manner any other premises now or hereafter owned by
the said party of the first part, her heirs and assigns.
ALL of the foregoing covenants shall expire on January 1, 1971
and thereafter have no further force and effect.
Graco R. Nickles, the grantor herein, is the same person as
Grace Rogers DeBeLxedon Nickles, the grantee in Decd dated 4/22/33
and recorded 4/27/33 in Liber 1709 op $79. -
i