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Standud N.Y.B.T.U.Fotm 6 an a eed with Covenants Agatir Ota wr's Acts-ladividtatt Comoration.(single sheet)
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THIS INDENTURE, made thellthday of April, nineteen hundred and ninety-four
BETWEEN FRANK S. THORP, JR. , residing at 1 Oak Court, East Mar}on, �a
New York, as executor of the last will and testament ofi-Lois Johnson
Thdxp, late of East Marion, Suffolk County, New York, deceased.0arty of
the first part, and
Sa QT-H l_GU Ie l
OLD ORCHARD HOMEOWNERS' ASSOCIATION, INC. ; P.O. Box 723 , East Marion,
New York 11939, party of the second part,
WITNESSETH, that the party of the first part, in consideration of ten dollars
and other 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,
The beach, of which the use is granted to the parties of the second part and the
right of way leading thereto, situate, lying and being at East Marion in the Town of
Southold, Suffolk County, New York, bounded and 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 on the
northeasterly line of land now or formerly of Flora E. Gernannt; and running thPncA
South 31 degrees 1 minute 30 seconds east 177.68 feet along other land now or
formerly of the party of the first part to a concrete monument;_ thence southwesterly
a straight line along other land now or formerly of the party of the first part 67
feet more or less to a point on the northeasterly line of land now or formerly of
Gernannt which point is distant 178.94 feet southeasterly of South Lane when
measured along land now or formerly of Gernannt; thence so4th 31 degrees 1 minute 30
seconds east along land now or formerly of Flora E. Gernanntr67.71 feet to the
ordinary high water mark of Gardiner's Bay; thence northeasterly along said ordinary
high water mark 150,.82 feet more or less to the point of its intersection with a
line drawn on the course south 31 degrees 1 minute 30 seconds east from a concrete
monument on the southerly side of South Lane. distant,- 7,7.75 feet northeasterly from
the point of beginning; running thence 31 degrees 1 minute 30 seconds west 5f.87
feet more or less to a concrete monument; thence southwesterly a straight line 70
feet more. or less along other land- now or formerly of the party of the first part to
a concrete monument; thence north 31 degrees 1 minutes 30 seconds west along other
lands now or formerly of the party of the first part 1,79.37 feet to a monument on
the southerly side of South Lane; and thence south 42 degrees 46 minutes 30 seconds
west along South Lane 10.41 feet to the point or place of beginning.
BZING AND INTENDED TO BE a portion of the premises conveyed to FRANK S. THORP and
LOIS JOHNSON THORP, his wife, by Deed dated December 19, 1949 and recorded in the
office of the Clerk of the County of Suffolk on December 19, 1949 in Liber 3028 of
conveyances at page 407.
It is understood and agreed that the parties of the second part and their
distributees and assigns will consent to the installation of the necessary poles or
equipment for electrical service along the rear boundary line of this property,
should the utility company require that this be done.
It is further understood and agreed that in the event of a dissolution of the
homeowners' association all right, title and interest in and to the roads shall vest
in the then property owners, their heirs, successors and assigns.
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 and 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 consideration as a trust fund to
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 indenture 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: 1,%64
Rank S. TEorp,V Jr.
RECORDED "D P-"O p"NE