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CkULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT EHOULD BE USED BY LAWYERS ONLY.
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THIS INDENTURE,made the day o( '� nineteen hundred and sixty-one
BETWEEN NORMAN BANNER and TERES., BANNER, his wife, both
.. residing at 75 Park Avenue, Lodi, Bergen County, New Jersey,
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party of the first part,and JAMES S. SELLARS and JOSEPHINE SELLARS$ his
wife, both residing at 169 Rose Lane, New Hyde Park, Nassau
County, New York-
party of the second part, -
WITNESSETH,that the,part}-of the first part'ill cnnaideration of
. . . . . ONE ($1.00) . . . . . . . . . . . . . . . . . . . dollars,
Tamm money of the.Uuited StateS,and other valuable considerations paid
by the party of tilesecond part,does hereby grant and rdetie unto they et"of the second part,the heirs or
muesars and assigns of tice part-of the second part fare1e1,
ALL than certain plot,piece or Pamel of land,-with the buildings and inlprorennents thereon lnxtud, situate,
Tying and being inx&e at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows: PARCEL #L:
BEGINNING at a stake on the southeasterly side of Westview
Drive, 381.48 feet southerly and than southwesterly along the
easterly line; thence along the southeasterly side of said
Westview Drive from the southerly end of a curve connecting
said easterly side of Westview Drive with the southerly side
of Brower Road, said curve having a radius of 50 feet; from
said point of beginning running along land of Thomas F.
Florence, South 33°401 East, 205.00 feet to ordinary high water
line of Mattituck Creek as found in 1950; thence along said
ordinary high water line as found in 1950 to a point South 57°
42150^ West, 79.53 feet from the last described point; thence
along land of John F. Burns and Bertha E. Burns,North 29°301
West,205.00 feet to said southeasterly side of Westview Drive;
thence along said southeasterly side of Westview Drive,North'
57"3215011 East, 64.63 feet to the point or place of beginning.
PARCEL #2: BEGINNING at a point on the southeast corner of the
premises conveyed to the party of the first part herein by deed
Liber 4480,Page 07 running thence on an extension of the easterly
line of said premises along land of Florence,S.33`4O1E.105 feet,
more or less, to present high water mark of Mattituck Creek;running
thence in a southwesterly direction along present high water mark
of Mattituck Creek,90 feet, more or less, to land of Burns;running
thence along said land of Burns N.29"301 W. 110 feet, .more or less
to the southwesterly corner of the premises in deed Liber 4480,Page
07;running thence northeasterly along said premises, the tie line
being N.57°4215011 E. 79.53 feet to the point or place of beginning.
THIS DEED is specifically given to confirm to the party of the
first part the so-called 11filled itan area above described adjacent
to the premises of the party of the first part ascontained in
deed Liber 4480,Page 07.
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-.Jtsgether with all the right, title and interest of the party of
W the first part in and to Nattituck Creek in front of said
V premises.
TOGETHER with all the right, title and interest, if any, of
the parties of the first part in and to the highway known as
Westview Drive in front of said premises, to the center line
thereof.
SUBJECT to the following covenants and restrictions:.
1. No buildings other than one private dwelling for the use and
occupancy of one family and one private garage shall be erected
on said premises. Any dwelling erected thereon shall cost not
less than $8,000.00 and any detached garage shall coat not less
than $500.00.
2. The premises shall not be used for the manufacture or sale
of merchandise or goods of any kind, or for any trade or business
whatsoever, or for the display of any advertising or commercial
signs. -.
3. Nostables or outside toilets shall be erected on said premises
and no use shall be made thereof that shall be dangerous to the
health of, or offensive to the senses of sight or smell of the
parties of the first part, their heirs or assigns, or owners of
the premises adjoining the premises hereof and neighboring
properties.
4. No fences or hedges more than four (4) feet in height shall
be erected on said premises and said fence or hedge shall be
maintained and kept in good appearance.
5. No part of any dwelling or garage shall be constructed on
said .premises within 25 feet of the street frontage, or -
within five (5) feet of the other boundariesofsaid premises
and no part of any cess pool shall be within ten (10) feet of
any boundaries of said premises.
6. No fowl, poultry, animals or livestock shall be kept on said
premises, other than domestic pets.
7. No house trailers shall be kept, used or allowed on said
premises, except when kept in an enclosed garage.
THESE covenants and restrictions shall run with the land hereby
conveyed and shall bind and inure to the benefit of the said
perties hereto, their heirs, administrators and distributees
until January 1, 1970. Sadd covenants and restrictions may be
enforced by action for damages or injunctions, or both, until
January 1, 1970.
THESE covenants and restrictions herein imposed shall apply
solely to the premises herein conveyed and they may be modified,
changed or released by the parties. of the first part, their
heirs and assigns, and the owners of the premises for the time
being. The said parties of the first part reserving and retaining
all restricting rights of neighboring properties now owned by
them or which may be acquired by them. - ' -
SUBJECT to zoning ordinances or restrictions enacted by any
Town, Municipal, State or Government Authority. -
SUBJECT to a first mortgage in the amount of $5,534.06 held by
The North Fork Bank and Trust Compenv of Mattituck, New York,
bearing interest at the rate of 5§% per annum, the principal being
due and payable with mnterest, amortizing at the rate of:$53•.12
per month and payable to said North ForkBank and Tfust- Company
on the 4th day of each month, the final payment being due on
August 4, 1973.