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Home My WebLink AboutL 11240 P 474 FORM 3256 Standard N.Y.B."I U. Foran 8007 Bargain and Sulc I)eccl will' Covenant again,l Gran fn's Acts — Indindual or Corpurniou CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. NO '11240PA 74 CONSIDER- THIS INDENTURE, made the Y� ATION . - Z day of March nineteen hundred and ninety—on= BETWEEN GABRIELLE DALY O'NEILL nee GABRIELLE DALY and JAMES O'NEILL, JR. , husband and wife, both residing at South and East Lane, East Marion, New York 11939 ff_,L %�1'7fi6 party of the first part, and JAMES O'NEILL, JR. , residing at South and East Lane, East Marion, New York, 11939 "STFOCT SECTION E,!""� I-OT E- i a] L LI C.l:ri_1 F1 0 12 17 21 20 party of the second part, Gt WITNESSETH, that the party of the first part, in consideration of Ten ($10 . 00) ------------ �� Y ��r•n+�' ----"- --- dollars. 1L,PPF 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 DISTRICT and assigns of the party of the second part forever, 1000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and SECTION beingXixM at East Mesion, Town of Southold, Suffolk County, New York 031 . 00 described as follows : BLOCK BEGINNING at an iron pipe on the southwesterly line of a 30 foot 15. 00 private road known as "East Lane" , 100 . 0 feet northwesterly along said southwesterly line from a 30 foot private road known as "South 0102 . 000 Lane" , said point of beginning being the northerly corner of land of Daly; from said point of beginning running along said land of Daly and along land of Smith, S. 420 46 ' 30" W. - 135 . 38 feet; thence along land of the party of the first part and along land of Mullane N. 310 01 ' 30" W. - 126 . 77 feet; thence along said land of the party of the first part, N. 58° 58 ' 30" E. - i30 . 0 feet to said south- westerly line of "East Lane" ; thence along said southwesterly line, S. 310 01 ' 30" E. - 89 . 0 feet to the point of beginning. SUBJECT premises being : X)PGf XXM the same premises conveyed to the parties of the firs p,.rt by teed iroin Frank S. Thorp and Lois Johnson Thorp, date i Dot;-eul')er 30 ; i9G8 a7id recorded in the Office of the Clerk of Suziulk County on April 7 , 1969 in Liber 6530 page 342 . TOGETHER with an easement to pass and repass over South Lane, East Lane, liest Lane and North Lane out over Sylvan Drive and Old Orchard Lane to the main road for the purpose of access to said premises from said iiiuhway. TOGETHER with the right to use the beach along Gardiner ' s Bay as hereinafter described for bathing and similar purposes with an easement 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 first part, the parties of the second part hereby covenanting and agreeing to pay to the parties of the first part the sum of ten ($10 . 00) dollars per year for the use of such beach, this to be paid to the1 1991 na *s F37NARDP RD" i the first day of RECORDED APR qjW OF 811E try 1 , 1It is 969 "y _ second part are not an�rti£Tle-to the land in said beach or any rights or title I 1124094'75 to the waters and the land under waters adjoining said beach other than the use as set forth above, the parties of the second part to use the said beach and waters entirely at their 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 or their distributees or assigns may suffer while upon the said beach or in the said waters . If default be made in the payment of said sum of ten ($10 . 00) dollars for the use of the beach and should default continue for more than sixty (60) days after written notice, 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 represntatives 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 if any of the Town or County and to the following covenant. of restrictions : PARTIES OF THE second part for themselves, their legal representatives, distributees and assigns do hereby covenant with the parties of the first part, their legal representatives, distributees and assigns that they will not use or permit the said premises to be used for any purposes whatever other than private dwelling residential purposes; that no building of any 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 writing by the parties of the first part before construction is started; that no garage shall be erected upon said premises unless it is erected as a part of the dwelling thereon, plan to be approved in writing by the parties of the first part, and no dwelling shall be erected upon said premises less than ten (10) feet from the side lines thereof or nearer than thirty (30) feet to the lines of East Lane. After completion, no alteration or addition to such dwelling shall be made without the written consent of the parties of the first part. 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 permitted or erected thereon; that no poultry house of any kind or building for the maintenance 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 condition 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 granted to the parties of the second part and the right of way leading thereto is described as follows: BEGINNING at a concrete monument at a point on the southeasterly line of South Lane which is distant when measured along said line 67 . 34 feet northeasterly of the northeasterly line of land conveyed by the parties of the first part to Flora E. Gernannt; and running thence south 310 1 ' 30" east 177 . 68 feet along other land of the parties of the first part to a concrete monument; thence south- westerly 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 land sold to Gernant which point is distant 178. 94 feet southeasterly of South Lane when measured along Gernannt ' s land; thence south 310 1 ' 30" east along said land sold to Flora E. Gernannt 67 . 71 feet to the ordinary high water mark of Gardiner ' s Bay; than,, --- P.Fi "f& ( high water mark RECORDED APR 1 1991 Q Lntersection with ist from a concrete erre' "I thefiy''side of South Lane distant 77 . 75 feet northeasterlyfrom the point of beginning; running thence N 31° 1 ' 30" west 56 . 87 feet more or less to a concrete monument; thence 11240PA 76 RIDER TO BARGAIN AND SALE ,DEEp DATED GABRIELLE DALY O'NEILL nee GABRIELLE DALY and JAMES O 'NEILL, JR. to JAMES O"NEILL, JR. southwesterly a straight line 70 feet more or less along other land of the parties of the first part to a concrete monument; thence north 31° 1 ' 30" west along other lands of the parties of the first part 179 . 37 feet to a monument on the southerly side of South Lane; and thence south 420 46 ' 30" west along South Lande 10 . 41 feet to the point of beginning. gDWW p.ROMAINE RECORDED APR 1 199; 9j "