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Home My WebLink AboutL 7295 P 547 y � S mdud N-YAT.0.Fa IM-10M. -Bat,ain and Salt 1Xtd,with rove nt again"Gnntor',Aaa—Individu l or Qn, nti.n. BEB /JVf�Jrfrf i CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT•THIS INSTRUMENT SHOULD BR O0ED BBT�LA(WYRRS ONLY La THIS INDENIUMmadethe 24th day of November , nineteen hundred and seventy—two BETWEEN GARDNERS BAY COMPANY, INC. , a New York Corporation, having its principal place of business at No. 120 Rockaway Avenue, Rockville Centre, New York, r party of the first part,and ARTHUR L. KAPPSTATTER and ELIZABETH G. KAPPSTATTER, his wife,_ rpsiding, at No. ., 37 Church Street , Syosset, New York, ko patty of the second part, WITNESSETH4 that the party of the first part,in consideration of, — — L — — — -TEN and 00/100 - — — — — — — — — — — — — — 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 assigns of the party of the second part forever, AL& that ce'Fimn plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyin .1iIc�beiry�ggtce at East Marion, Town of Southold, County of Suffolk an SEate o New York, known and designated upon .a certain ,map entitled, 11ap of Gardners Bay Estates, Section Three, surveyed. December x;' 1967, by Van Tuyl and Son, owned and developed by Gdx. ers Bay Company, Inc. " , and filed in the Suffolk County Clerk' s OJPtice; on April 24, 1968 as File No. 50831 shown on said map as lot aumbpr„1749, which said lot is more particularly bounded and. des- cribed.as follows: BEGINNING at a point on the westerly side of Old Orchard Lane where the division line between lots 174 and 175 as shown on the above mentioned map intersects the westerly side of Old. Orchard Lane , said ; point alto being situated 260.23 feet northerly as measured along aD the westerly'side of Old Orchard Lane from the corner formed by the rr� iu ;grsection of the westerly side of. Old Orchard Lane and the north- oe north-erly side of Dogwood Lane ; running thence along the last above 1 a mentioned division line South 62 degrees 23 minutes 50 seconds West 200 XO feet ' to the westerly line of lot 174; thence along the last � G7 above mentioned line North 27 degrees ,36 minutes 10 , seconds West rn 100.00 feet to the division line between lots 173 and 174; thence c7 I along the last above mentioned division line North 62 degrees 23 ' minutes 50 seconds East 200.00 feet to the westerly side of Old 1 Orchard Lane; ,thence along the westerly side of Old Orchard Lane, V1 South,27 degrees 36 minutes 10 seconds East 100.00 feet to the point or'place of beginning. TOGETHER with aright of way to pass and repass for street pur oses t over all streets on said map and over all streets including "the ^' paths'] leading to the beach shown on "Map of Section Two, Gardiner' s Bsy.Estates , the fee to the land in said streets and paths, however, , 0 rnrn to remain in the seller. o A TOGETHER with the right to use the beach lying between Spring 'Pond f CA and ;the Bay 'and Old Orchard Lane and the Channel marked upon Map t Of :Section Two Gardiner' s Bay Estates, as "Beach f r use of .lot o Oufners"' for bathing and similar purposes and togethertt� ith a right of ,,, way'' ovor ,the beach to the water, subject to such reasonable re- o y striCtriol; as may be impo$ed by the party of the first part 'and such Z9 9use t4, 'be',inCommon with other persons to whom such rights may be 90 *, ' ,! granted by the party of the first part, the party of the second part X548 hereby Covejanting and agreeingto part' the sum' 6f five pay to the party of the first ,:beach, this amount of(five Dollars per year for the use oY such in each of, the first Dart(in�advanceronpthe first year` to be paid to 'stoodcanana eery year beginning January lst, 1 day °f January d greed that the party of the second 973• Itis- under- ceive 'anp_ title to the waters and the land part is not to re- the ' said beach, other than as above ander waters a first g , part reserves the right to cut a canalnortcanals, ditch arty of horfditches .. through the; said beach, and to erect bridges over the. same, ,the. cae is"toib beach, of the waters adjoining, and of the beaches and canals to be entirely at the risk of the party Of the seeond;bart', who is to' hold the party of the first part harmless from ,or damages which the said party of the second part or thbirr heirsge 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 Yive( 5. ) debars for, the use of the beach, as provided above, and should such . Manddefault continue for more than sixty (60) days after notice and de- then the owner of these premises shall at the option of the Party of the first part forfeit all rights to the beach, and the pa.•ty of the first part, its successors or assigns, shall have the right and power to bring all necessary actions against the owner e th. aQ„premises or any part thereof, for the collection of such sumof s -.as may be due , with interest, such sums to be and remain liens upon the above described land until paid. The assignspado herebyof ecovenantsecond pwithart ftheor thart of and their heirs and -'successors and assigns, that they will not usethe or first partermit , its land to be used for any purposes whatever, other than dwellingaid residential purposes. That no building of any kind other than one dwelling shall be erected on said premises which shall be con- 8tr4cted 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 tirst part before construction is started; that no garage shall be erected upon the said premises, unless it be erected as part of the dwelling thereon, lto be approved by the party of the first part,.as above; the location opan f the dwelling to be approved by the party of .the first part before construction is started. After, com- pletion ,44 alteration or addition to such dwelling; shall be made without the written consent of the party of the first part. The completion, of a dwelling shall , however, be sufficient evidence of the a that nopfencelOffanyePlan kind shalleof be erectedor the rm the first part; permitted et said remises (whether hedge or otherwise) more than three feet high; . that no outside toilet shall be erected or °no poultry house of any kind, pig sty, permitted thereon; that ' dogs skull be erected or permitted upon said premises;ennel for more hesean two C.) covenants to be bindingas real covenants running of, ho with the land, it � being understood and made a condition thereof, however; that they may be altered or annulled, at any time, by the written consent of rn the .owneraoff he first p artilanahout obtaining the consent of any of 0 G:' theart owner and theagradjoinses that; the a party of the first approval by the party of thefirstpart provided for in these covenants and restrictions skiall not be un- reasonably witheld. i c� This conveyance is made in the regular course of business actually conducted by the party of the first part. 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