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D.S.I.R.S.2„ .,3D LIBEF YC7Ut? PAGE?-4q
Made the day,of �'IOA�/ nineteen hundred
and - sixty
Joetween WALTER C. GRABIE, residing at Main Road, Mattituck, Suffolk
County, New York,
j
part y of the first pan,
and PHILIP PHOEL JR. and MARIE F. PHOEL, his wife, both residing at
6 Pinewood Lane, New Hyde Park, Nassau County, New York,
part y of the second pan,
ttneggettJ, that the party of the first part,in consideration of
ONE ($1.00) . . . . . . . . . . . . . . . . . . . . . . . . . Dollars,
lawful money of the United States, and other valuable considerations
paid by the party of the second pan
do es hereby grant and release unto the part y of the second part,
ttyheir heirs, distributees and assigns forever,
L111 those certain pieces or parcels of land situate, lying and being at
Mattituck in the Town of Southold, County of Suffolk and State of New York
in the area known as Lupton's Point and more particularly bounded and
described as followsl-
PARCEL ONE
BEGINNING at a point on the southerly line of a 20 foot right of way
leading easterl}t from Marratooka Road, 550.0 feet easterly along said
southerly line from the easterly line of said Marratooka Road, said point
of beginning being at the northesterly corner of land conveyed by the party
of the first part herein to George C. and Marjorie Bird, and being also
the beginning of PARCEL TWO, hereinafter described; from said point of
beginning running along said southerly line of said 20 foot right of way,
South 73°2$1$0” East 88.07 feet to land of Corso; thence along said land
of Corso and through the waters of a dredged canal, South 4000110" East
\ 253.28 feet to a tie line] thence along said tie line, being partly
through the waters of said canal, South 87°5615011 West 97.36 feet; thence
along land of Audion, being also the center line of a gutter, North 55°4711 "
West 34.56 feet; thence along said land above mentioned of Bird.and crossin
slid canal, North 5011100" East 262.85 feet to the point of beginning.
TOGETHER with a right of way over said 20 foot right of way from the
northeasterly corner of the premises westerly about 638 feet to Marratooka
Road,Also with a right of way over said 20 foot roght of way from said
northeasterly corner easterly about 880 feet to Deep Hole Creek.Subject to
the rights of others, if anysA*tEga#Ocanal.
BEGINNING at the point of beginning of PARCEL ONE, hereinabove describe
and running along the northerly line of said PARCEL ONE, being along the
E southerly line of said 20 foot right of way, South 73°28150" East 88.07
feet;thence on the direct extension northerly of the easterly line of said
PARCEL ONE, North4°00110" West 10.68 feet to the center line of said 20 foo
,1 ;l (l 7
jl =- lIBE848U2 PAcf250( PARCEL TWO CONTINUED)
right of w'ayj thence along said center liner North 73°38150^ West,86.33 1
feet't thence on the direct eittensiou northerly of the westerly line of
said PARCEL ONE, South S'1Po0w West 10.20 'feet to the-point of begi'nning.
The rights of way herein mentioned are to beused in common With other
owners owning land at Lupton's Point for the purpose of ingress and egress
to and from the highway known as Marratooka Road.
SUBJECT to a right of way over said PARCEL TWO.
SUBJECT also to a perpetualnright over..said,private road or rights of
1 way leaping from the highway known as Marratooka Road for the purpose of .
laying,installing, maintaining and repairing underground pipes, conduits
for water,gas, sewage and wire fpr electric light or telephone service,,
either on poles or under ground.
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SUBJECT to zoning laws and regulations of the Town.of Southold,Suffolk
County, New York.
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 ahall, be erected. on said premises. Any
dwelling erected thereon shall cost not less than $8,000.00. Any detached
garage shall cost not lees than $500.00.
2. The premises shall not be used for the manufacture or sale of merchandis
or goods of any kind, or for any trade or business whatsoever, or for the
display of any advertising or commercial signs.
3.No stable& or outside toilets shall be erected on said premises and no
nuisance shall be created or allowed on said premises and no use shall be
made thereof that shall endanger'thehealth of or be' offensive to the sense
ff
yj of sight or smell of the party of the first part, his heirs and assigns or
the owners of the premises adjoining the premises hereof and neighboring
i properties.
4. No fences or hedges over 4 feet in height shall be erected on any of sail
premises and said fence or hedge shall be maintained and kept in good
appearance.
.or garage
5. No part of any dwelling/shall be constructed on said promisee within 25
feet of the street frontage, oriwithin 5 feet of the other boundaries of iiia d
premises, and no cess pool shall be within 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 trailers shall be kept, used or allowed on said premises except when
kept in an enclosed garage.
d. No dock shall be erected along the water front of the premises to extend
into the water more than two(2) feet.
I
i9. No boats or other obstacles shall be moored in the water in front of sai
premises to as to obstruct the free use of boat passage for other users.
These covenants and restrictions shall run with the land hereby conveys
; and shall bind and inure to the benefit of the said parties hereto, their
heirs, successors and assigns until January 1, 1970. Said covenants and
restrictions may be enforced by action for damages or injunctions, or both,
I
until the first day of January, 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 party of the first part, his heirs and assigns and the owner of the
lpremises for the time being. The party of the first part herein reserving
and retaining all restricting rights of neighboring properties now owned
; by him a,' which may be acquired by him.
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