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Home My WebLink AboutL 7242 P 193 1fµC Ji Barge Sse4 v G an or;Aru [ndndual o Conoxa.mn L V PAGE ySvvdvrd Rl➢LCFe m 80 , 19EEE®4 ING Y . kh8m7M3 INSTRUMENT SHOULD BE USED®1LAWYERS ONLY ®s3➢1Y Y�DE 6diYE@ 5 §NxYE;AEPoY ILI TOSS ly�El@i �7I2E,madethe qtr day of August nineteen hundred and seventy-talc BETWEEN H. ATVIN SMITH and DOROTHY R. SMITH, his wife, both residing at (No Number) New Suffolk Avenue Mattituck, New York 11952 iI party of the first part; and THOMAS H. WITSC 3. and AUDREY B. WITSCHI, his wife, both residing at (No Nu;iber); Hill Road Wading River, Nein York 11792 ,' I party of the second part. ` ($I .Q0 -' - - - erationoTen4YTySSTI, that pa } of,' fir, part;in co s:df - �----- =------------------------ ---------'-------------- —dclars, fl la.v*'ui money of the United Stats, paid i by the party of tae second part, does hereby grant and release unto the part}- of the second part, ,he heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, wvh the buildings and improvements thereon erected; situate, V� tying and being in the hamlet of Mattituck, Townof Southold, County of Suffolk and State of New York„ more particularly bounded and- described as fol-- { .` lows: `f ,t BEGINNING at a monument at the southerly end o£ the easterly side of I ii $^ a 50 foot right of way, which runs from the northerly side of the prem- ises about tobedescribed northerly to the 'southerly side cf Neva Suf- t folk ivenue. - Running thence from said point or place of beginning, a- � ; long the northeasterly side of a 20 €oot right of way the following -` three courses and distances: (1) South 51 degrees 01.minutes i0 seconds East 17 . 26 feet, (2) South 62 degrees . 32 minutes 50' seconds East 69 .37? ; feet; (3) South 51 degrees 45 minutes 40 seconds East 26.85y�feet to "the westerly. side of lands now or formerly of Paust; running thence a- long said westerly side of lands now or formerly of Paust and lands now or formerly of Alvin Smith, the following five courses and distances: (1) South 0 degrees 38 minutes 50 seconds West 122.0 feet; (2) South 4 degrees 20 minutes 00 seconds West 120 , O,d,,�feet; (3) South 0 degrees 30 minutes 00 seconds East 12N00 feet; (4)•,`South 6; degrees 05 minutes �30 seconds East 195. 63 feet; (5) South 15 degrees 06 minutes 20 seconds *Bast 275. 0 feet to the ordinary High WateriMark of Great Peconic Bay. ' The last five courses and. distances being also the enter line of a 20 foot right of way as shown on survey by Van Tuyl &` Son, ; ?icersed sur- 1; v2yorsa dated July 31, 1972. Running thence along the ordinary High Water: Mark o4 Great Peconic Bay, the tie line of which is youth 70 ,. degrees 37 minutes 50 seconds West, a distance of 160.40✓feet to ;the ' CA lands now or formerly of Suter; running thence along said lands nowor formerly of" Suter, ' North 15 degrees 06 minutes 20 seconds West, 850<0 a feettolands now or formerly of Smith and Suter; , running thence along , said lands now or formerly of Smith and Suter, and along the southerly , > side of said 50 foot right of way, first above mentioned, the following two courses and distances. (1) North 74 degrees 53 minutes 40 seconds East 119 . 14 feet; (2) North 43 degrees 35 minutes 00 seconds East, 114< la 12 feet to the point or place of BEGINNING, ZC CONTINUED ON ANNEXED RIDER ) n t'. 17_1V r , a s _ e _ �IREe 724? FAG' 9 DEED RIDER. SMITH/ WITSCHi AUGUST 30 , 1972 A. BEING AND INTENDED,DED TO BE a portion o of the same premiss oon- veyed to the parties of the first part by H. Alvin Smith by deed dated April 13 , 1951 and recorded on April 19 , 1951 in the Office of the Clerk of the County of Suffolk at Liber 3205 of Deeds at Page 284 and the entire premises lying generally West of the cen- ter -line of a 20 foot right of way and labeled as Parcel I on the annexed survey of Van Tuyl & Son, dated July 31, 1972 . B. The premises hereinabove described are hereby conveyed: 1. TOGETHER WITH all the vendors ' right, title and interest: if any, to and in the abutting lands South of the premises hereinabove described and below the ordinary High Water Mark and/or under the waters of Great Peconic Bay. 2. TOGETHER WITH an easement over the property conveyed by H. Alvin Smith to himself and Martin Suter by deed dated April 13 , 1951 and recorded on April 19 , 1951 in the Office of the Clerk of the County of Suffolk at Liber 3205 of Deeds at Page 327 to < ,r the elects „ power and telephone lines on said prooer- ty a5 S OW.1 On the aforesaid n recorded map of Otto Van u,vl & Son, licensed surveyors , dated March ch 20 19551 - and an the an- nexed survey by Van Tuyl & Son, dated July 31, 1972 . This easement provided for ir. "'2 aragra. h "B A A t ) is subject to the right of the owners of the said property so conveyed to Smith and Suter as aforesaid and their assigns , to relccare the easement herein described, provided that electric power and telephone service continues to be available to the premises hereinabove described and hereby conveyed at no expense to the owners thereof or their assigns. 3. TOGETHER WITH an easement to use a 50 foot right of way for all ordinary purposes of ingress and egress to and from New Suffolk Avenue and the northerly terminus of a 20 foot right of way and the northerly boundary of the premises here- inabove described. The said 50 foot right of way is more par- ticularly bounded and described as follows ° Beginning at a concrete monument set at the northeasterly corner o` the prem-- ises hereinabove ,described and at the southeasterly corner of 1 �• the said _.50 foot:.right of ways runnl:rigiencs t'� from Said point or place of beginning South 43 degrees 3b minutes 00 seconds West 52. 53 feet along the northerly boundary of the premises hereinabove described to the southwesterly corner of the said 50 foot right of way, running thence along the westerly side of said 50 foot right of way the following two courses and distances; l) North 28 degrees 33 minutes 30 seconds west 626. 34 feet (2) North 8 degrees 37 minutes 00 seconds West 936:27 feet to the northwesterly corner of said 50 foot right of ways running thence along the southerly side of New Suf- folk Avenue 51. 59 feet to the northeasterly corner of said 50 foot right of way, running thence along the easterly side of c > said 50 foot right of wayythe following two courses and dis- tances: (1) South 8 degrees 37 minutes 00 seconds East 914 .76 feet (2) South 28 degrees 33 minutes 30 seconds East a 601. 45 feet to thepoint or place of beginning and being and intended to be the existing 50 foot right of way shown an the Z annexed survey by Van Tuyl & Son, dated 7? ly 31 , 1972 , I r EisEe 724? PAGE 195 r i 4, ' TOGETHER WITH a right of way 10 feet inwidth over land of Paust adjoining said premises on the East extending from the easterly terminus of the northerly line of the 20 £aot right of way designated "A" on the annexed survey of Van Tuyl ` & Son, dated July 31, 1972 , in a general southerly direction parallel with said easterly line of the said parcel hereina- bove described to a point where the easterly line of the right of way described ,in paragraph "B (4) "' would be intersect_., ed by an extension of the southerly line of land of Paust, which line has a course of North 87 degrees 58 minutes East; this said riaht of waybeing shown b • the designation "B" on � x g the annexed survey of Van Tuvl & Son, dated July 31 . 1972 . i 5 TOGETHER WITH a right of way 10 feet in width, the west- erly line of which is more particularly bounded and described as follows: Beginning at the southwesterly corner of _and of Paust where the westerly line of said land is intersected by the course last above mentioned; running thence in a: general southerly direction to Great Peconic Bay the following courses, .g and distances: South '0 degrees 30 minutes 00 seconds East 60.00 feet; thence South 6 degrees 05 minutes 30 seconds East 195. 63 feet; and thence South 15 degrees 06 minutes 20 seconds East 275. 00 feet to Great Peconic Bay; this said right of way being shown by the designation "C" on the annexed survey of Van Tuyl; & Son, dated July 31, 1972. 6. SUBJECT TO a right of way hereby reserved to the parties of the first part and assigns 20 feet in width over the exist-' ing private road the northerly line of which is the 'same as the first three courses stated above of the premises herein- above described; this said right of wav being shown by the designationon the annexed survey of Van Tuyl & Son, sated July 31, 1972. 7 . SUBJECT TO a right of way hereby reserved to the parties of the first part a.nd assigns over the easterly 10 feet of said premises hereinabove described and hereby conveyed from the easterly and southerlyboundaries of the right of way described in paragraph "B (6) " above, and to the ordinary high Water Mark of the Great Peconic Bay, this said right of way ' beim snowy_ as designation "D" on the annexed survey of Van f` ;J Tuyl & Son, dated July 31 , 1972. rM 8.' SUBJECT TO a water and well easement hereinafter de- scribed and hereby reserved to the parties of the first part --gad-:assi ns in .and to and over portion f t i g a p oma.__. he said parcel hereinabove described, for the 'sole purpose of installation, CIM irmaintenance and repair of a well, necessarypipes and/or lines and the securing of water therefrom to a residential dwelling and guest house to be constructed on. other 1"ands of the; par- �° ties of the first part and assigns, South of the southerly line of land of Paust and labeled Parcel II on the annexed survey of Van Tuyl & Son,dated July 31 , 1972 , subject to the limitations that: (a) withdrawal of water shall be only for Pe domestic use in the event of a future water shortage (b) all �r pipes , lines , wells , pumps and , the like shall be installed below grade with landscaping restored (c) when done ; all work and repairs shall beconcludedexpeditiously. The said water o and well easement area is more particularly bounded and de- VI scribed as follows. BEGII3NING at a point located South 15 de- 0 I L15-EP 724r PAGE 196 gees East O5 minutes 20 seconds ast .Z..21. 80 fees from a concrete � monument located atthe Northwest corner of the premises here inabove described; running thence from said point or place of beginning North 15 degrees 06 minutes 20 seconds Priest 10.00 feet; running thence North 74 degrees n n s 53 m inates 40 seconds s : Fast 205.72 ¢�e� + tie Northwest corner,er of the landsnds of the parties of the first part; running thence South 0 degrees 30 minutes 00 seconds East 20.00 feet, more or less , along the center line of a 20 f6ot right of way and lands of the parties of the first part; running thence South 74 degrees 53 minutes ; 40 seconds West. 203.11 feet to the point or, place of ,begin- ning, 9. SUBJECT TC the right reserved by the parties of the first part and assigns to improve and/or pave at their own sole expense, that portion of the 20 foot right of way from the terminus of the presently paved area to the building line re- striction described in paragraph "D" below. C. The parties covenant and agree for themselves and for their respective heirs, executors, administrators and assigns, that the- use heuse of the 20 foot right of way designated in paragraphs 4 , .5 , 6 44 iF 1 " " " " " f� Oj and 7 supra and as A C and D on the annexed survey by Van T^�yl & Son, dated ;uly 31 , 1972 , shall be restricted and limited to the use of ing#ess and egress for the owners and occu- pants and guests of the residences existing or to be co structea immediately abutting any portion of the entire 20 foot right of way South of the northerly line of lands now or formerly of Paust. This restrictive covenant shall be deemed and taken to be, a cov- enant running with the land, D. The parties of the first part covenant and agree for them- selves and for their heirs , executors , administrators and assigns that no building or '' othe-. enclosed or covered structure shall be erected or maintained onother lands of the parties of the first part more particularly described as follows: All that land and beach and laud .under.. water, if any, East of..the center lino; of a 20 foot right of way and South of a restriction line beginning at . a point located the following two courses and distances running along the center Line of a 20 foot right of way from the south- y west corner of lands now or formerly of Paust (l) South 0 degrees 3o minutes 00 seconds East. 60. 00 feet and (2) South 6 degrees 05 . minutes 30 seconds East 110877 feet, running thence from said point or place of beginning, North 87 degrees 58 minutes 00 sec- onds East 65 feet, more or less, through the northwest corner Of an existing bulkheaded boat basin and continuing to the eas4erly- most_,bonnary of the !an hof of the parties of the `first part, the _ sand labeled Paroe1 i1i on the annexed sur said lands ase, vey of Van Tuy1 & Son, dated July 31 , 1972. This restrictive covenant: mall be deemed. !,and taken to be a covenant running with the land• i cK E. The parties covenant and agree for themselves and for their respective heirs , executors, administrators and assigns, that the premises hereinabove described and those retained by the par- ties of the first part more particularly bounded and described as follows: Beginning at a point on the center line of a 20 foot ® right of wad- at the southwesterly corner of land of Paust,. from said. point of beginning running along said land of Paust, North c' 87 degrees 58 minutes C0 seconds East 190 feet, more or less, to w the ordinary High Water. nark of Halls Harbor; thence southerly a- long said High Water bark being partly along the bulkhead 220 feet ? � more or less thence: westerly along said bulkhead 25 feet, more c TER 1142 rAcE 197 or less, to the northwesterly corner thereof; thence South 87 de- grees 58 minutes 00 seconds West 65 feet, more or less, to said center line of said 20 `oot right of gray; thence along saidcen- ter line$ two courses; (1) North 6 degrees 05 minutes 30 seconds il %Est 130.77 feet$ thence CK North 0 degrees 30 minutes 00 seconds' Nest 60.00 feet to the point of beginning, and being labeled as Parcel II� on the annexed survey by Van Tuyl & Son, dated July 31, I E 1972, shalt be subject to the following restrictions; 1. That the premises and every part thereof shall be used for residential purposes only. 2. That no part of the described premises shall be subdivid- ed or sold, except in parcels or at not less than 40 sq. 'ft.' in size. 3. That no more than one single family private residence with arae and other ac y i ' g cessor bc. _ - . - ,_ .. g s.�dr.7g s, I.nclvdy.ng � guest house shall be erected r ; _ r o_ maintained on the on any such parcel or lot. Any such accessory building shall be not more than. 20 feet: in height, and, if erected for living quarters shall conform in all respects to the & .„idz n5 Zone Ordinance of the naan or Southold, and their general design shall conform to that of ext^_z ng structures, ?. That any new residence built upon the described parcel or any such parcel or lot shall contain at least 1 , 400 sq, ft. of usable floor area on the first floor, and no such residence: shall. :be more than two stories in. height. 5. That no outside toilets , Water closets or privies shall be permitted on such properties or on any such parcel or lot, and that all waste water and sewage shall be disposed in com- pliance with the requirements prescribed by the Health Autho- rity having jurisdiction thereof. 6. ' That the above covenants scall be deemed, and taken to be covenants running with the land, ' 7 . That in case of any violation or attempted violation, or of any of the covenants herein contained by any of the parties hereto, or by his, her or their heirs and assigns,g a bill may ' , be filed, by any, one or more, of the other parties , or their, his or her hE•1rS executors 4 or assigns , to obtain an injunc- tion' against the same. mac.•'. H. ALVIN SMITH - - DOROTHY R. SMITH 71 1 �L�ir-m- g THOMAS H. WITSCHI t, c � t , WITSCHS c Cl