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Home My WebLink AboutL 11721 P 920 r. Standard N.Y.B.T.U. form $002—Mi —Bargain and Sale Deed,with COYCrm L agaimt Gramme's Aua—Individual or Cm,.wion. Dingle sheep CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT•THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY I THIS INDENTURE, made the 13th day of April nineteen hundred and ninety five ! /I BETWEEN /172 / FRANK S. THORP, JR. , residing at 180 South Lane, East Marion, New York, and EDWARD A. THORP, residing at 12 Norcross Street, Rockville Centre, New York, (( as joint tenants with the right of survivorship and not as tenants in common, e party of the first part, and FRANK S. THORP, JR. , residing at 180 South Lane, East Marion, New York, and EDWARD A. THORP, residing at 12 Norcross Street, Rockville Centre, New York, as tenants in cot=n without right of survivorship, DISTRICTSECTION� _ 9�OCK Ile O� party of the second part, 0 U U E6 If loll Ile party ��C WITNESSETH, that the pa0ty of the first Rrt, in consideration b?ten dollars and Ver valuable consideration 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, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being i at East Marion, Town of Southold, County of Suffolk and State of New York and further described on SChP.dule A at_tachxl hereto. DIST. 1000 SEC. 037.00 BLOCK 05.00 LOT 024.000 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- Ia'w' '`cration as a trust'fun(Vto be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. , The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Frank S. ,_Jr. Edward A. Thorp - - - --- —_ EDWARD P.ROMAM� R E C O R Q,E D APR 17 1995 QL1AK OF SUFFOLK 00JN7" nn..,�.,,,,,,y,�y;MV�lgyMpDA'!ti VMrvraMONM1✓YYMVI�jy,y,�yµ.r...+.•.a ....••••••••••.•••.• wwur.•wrY,IM,�NM1�1.M1wr.rgnP.+..1.111A0�MP'Pq'M'IF..WMM ` 11721 P9920.'' SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying gndbeing ktxkec at East Marion, Town of Southold, County of Suffolk and Stats of New York, known- and designated as Lot 16, on a certain map Ientitled "Map of Section -Two, Gardiners Bay Estates, situated at East Marion, Long Island, Otto W. Von Tuyl; P.E. & L.S. " and filed in the office of the Clerk of the County of Suffolk on September 23rd, 1927 as Map No. 275. Together with 'a right of way to pass and repass for street purposes over all streets on- said map and over all streets including "the paths" leading to -the beach shown on "Map of Section 'Two, Gardners Bay Estates", the fee to the land in said streets and path however, to remain in the seller. Together with the right to use the beach lying between Spring Pond and the Bay and Old Orchard Lane and the Channel marked upon Map of Section Two, Gardners Bay Estates, as "Beach for use of lot owners" for bathing and similar purposes and together with 'a' right of way over the beach to .the water, subject to such reasonable restrictions as may be. imposed by the party of the first part and such use to be in common with other persons to whom such rights may be granted by the iparty of the first part, .the party of the second part hereby covenanting sand agreeing to pay .to the party of the first partthe sum 'of give ' ' ($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 party of the first part ' in advance.on the first day of January in each and' every year beginning January 1st, 1977. It is understood and agreed that the party of the second part is not to• receive any title to the waters and the land under waters adjoining the said beach, other than as above, add the party of the first part reserves the right to but a canal or canals, ditch or. ditches through the said beach, and to erect bridges over the same, the use of said beach, of the waters adjoining, and of'rthe beaches .and canals to be entirely at the risk of the party of the second part, who is to hold the party of the first part harmless from any damage or damages which the said party of the second part or their heirs or assigns may suffer while upon the said beach or in the said t water. If default be made in the payment of said sum of Five ($5.00) dollars for the use of the beach, as provided above, and should such default continue for more than sixty (60) days after notice and demand 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 party of the first part, itssuccessors or assigns, shall have the right and power .to bring all necessary actions against the owner of these premises or any part thereof, for the collection of such sums as may be due, with interest, such sums to be and remain liens upon the above described land until paid. The party of the secorlcl part for themselves and their heirs and assigns, do hereby covenant with the party of the first part, 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 no building of any kind other than one dwelling shall be erected on said premises which shall be constructed 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 first 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, plan to be approved by the party of the first part as above; the location of the dwelling to be approved by the party of the first part before construction is started. After completion no alteration or addition to such dwelling shall be made without the wiitten consent of the party of the first part. The completion of a dwelling shall, however, be sufficient evidence of the approval of the plan thereof by the party of the first part; that no fence of any kind Shall be erected or permitted on said premises (whether hedge or otherwise) more than three feet high; that' no outside toilet shall be erected or permitted thereon; that no poultry house of any kind, pig sty, or,kennel for more than two dogs shall be erected or permitted upon said premises; , these covenants to be binding as real covenants run- ning 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 the party of the first part, without obtaining the consent of any of the owners of the Adjoiniftg' land. The pAYty" of the first part covenants and agrees that thq aioval by the party �C of the first part provided for in these covenans"knd restrictions i.._ n6-11 .-tea L • '-- EDWARD P.ROMAINE `.. RECORDED APR 17 1995 MW OF SUFFOLK cow