MANHASSET BAY ESTATES
DEEDED BEACH RIGHTS
AND RESTRICTIONS OF RECORD
Applying to Properties in the Manhasset Bay Estates
Granting Rights to the Estates’ Beach, and Governing Type, Construction, and
Use of Such Properties Which Serve as a Protection for All Owners
Issued by Manhasset Bay Estates Association, Inc. for
information of Property Owners
Beach rights and several restrictions on the use of properties were
established by Manhasset Bay Estates, Inc. (the Company) and incorporated in
the deeds made by that Company. All of
the properties in Manhasset Bay Estates were sold by reference to a certain map
entitled “Map of Manhasset Bay Estates, a residential park,” filed in the
Office of the Clerk of the County of Nassau on the 13th day of
January, 1927 as and by the map number 621.
Below is language from a deed made by the Company in
1936, which describes these beach rights and restrictions, and language from a
deed made by members of the Luquer family in 1906 establishing the status at
that time of what is now the Estates beach.
NOTE: All properties in Manhasset Bay Estates are subject to building
restrictions and regulations now or hereafter adopted by the Town of North
Hempstead, to the extent that they are more restrictive than those contained in
the deeds from the Company.
Manhasset Bay Estates,
Inc.
L. 1283 cp 399
1 of 2
COVENANTS AND RESTRICTIONS contained in Deed: MANHASSET BAY
ESTATES, INC. to MARIO R. COOPER and wife, dated Nov. 20, 1936 recorded Dec. 3,
1936 Liber 1903 cp 351:
The party of the first part also grants to said party of the
second part, his heirs, successors or assigns, the right and privilege to use
the beach designated on said map as, “Shore Front Park of Manhasset Bay
Estates,” for the sole purpose of bathing and recreation, and to use the right
of way about twenty (20) feet wide running from the highway which leads from
Plandome Mills to Port Washington, and extending to the most westerly line of
the high water mark of Cow Bay.
Said premises are also conveyed subject to the following
restrictions and covenants:
- It is
expressly understood and agreed that:
- No
buildings shall be erected except a church, public or private school
house, or detached dwelling house, with the usual outbuildings
appertaining thereto, including a private garage, and such dwelling shall
be used for the use and occupancy of one family only, of not less than two
stories in height, with a cellar, to cost not less than $8,000, and which
shall not have a roof of the character and description known as a flat or
mansard roof; no toilet of any description shall be placed or maintained
in the yard.
- No
building shall be erected nearer than 30 feet to the front line of a lot;
not building shall be erected within 5 feet of the side lot line dividing
the lot on which it is erected, from the lot of the adjoining owner, and
if erected on a corner, no nearer than 10 feet to the side line/street; no
garage or other outbuilding shall be erected nearer than 60 feet to the
front lot line unless attached to and constructed as part of a dwelling;
no building shall occupy less than 3 lots on said map of Manhasset Bay
Estates, Inc., heretobefore referred to.
- No
sand or gravel shall be mined, or sand business engaged in, and no
business shall be conducted, nor shall said premises be used for
industrial or manufacturing purposes.
- The
said premises shall not be used nor shall any part thereof be conveyed for
the purpose of the manufacture of gas, or electricity for heat, light or
power, for the purpose of selling the same to consumers.
- Neither
the party of the second part, nor his heirs, executors, administrators,
successors and assigns, will erect or permit to be erected upon any
portion of the purchased premises, any building to the used for a public
garage, slaughter house, pig pen, disposal plant, glue factory, nor permit
it to be used for any other purpose which shall constitute a nuisance or
be unwholesome or offensive to the neighborhood.
- No
fence shall be allowed in front or along the street line of any such
property.
- The
party of the first part hereby reserves unto itself, its successors and
assigns, the easement and right of way to erect, construct and/or maintain
pipes, and/or similar means of supply for gas for heating and lighting
purposes, pipes, mains, hydrants and/or similar means of supply for water,
poles, wires, cables, conduits, pipes and/or similar means of supply for
electricity for heating and lighting purposes; poles, wires, cables,
conduits, pipes and/or similar means of telephone and/or telegraph
transmission, public and/or
L.
1283 cp 399
2 of 2
private pipes, lead drains, storm
drains, hand drains, cesspools and/or similar instruments of sewerage and/or
flushing systems; stand pipes, fire hydrants, fire and police signal boxes; any
and all appurtenances necessary to the construction, erection, maintenance,
and/or use of all the foregoing instruments; any and all other instruments of
construction usual in the conduct and/or construction of public or quasi-public
utility and performance of public or quasi-public functions.
- The
party of the first part and its successors and assigns are to have the
right to exercise such easement and right of way to enter upon the lots on
the map hereinbefore mentioned for any of the purposes for which the said
easement and right of way are reserved and in addition thereto, for the
purpose of repair or further
erection and construction, all without subjecting itself, its successors
and assigns to any liability to an action for damages for trespass or for
any other reason.
- These
presents shall not be deemed to impose similar restrictions on the
premises now owned or which may hereafter be acquired by the party of the
first part, about abutting or adjoining said described premises
- No lot
or lots shown upon the said map, heretobefore referred to, shall be used
for ingress or egress as a public or private roadway to and from any of
the properties surrounding the premises shown on said map, without the
written approval of the grantor.
Manhasset Bay Estates,
Inc.
L. 101 cp 418
1 of 1
COVENANTS AND RESTRICTIONS IN LIBER 101 cp 418.
Deed-Lea Luquer,Margaret S. Orr,Nicholas Luquer and Helen K.
Luquer, his wife to William L. Moffat, George A. Thayer, M. Adelaide Moffat,
Rebecca T. Forbes and Annie P.L. Field dated January 30, 1904 recorded July 13,
1906.
The said party of the first part
covenants and agrees to and with the said party of the second part, their heirs
and assigns not to sell or convey to future purchasers of the land hereinafter
described on any part thereof, any of the easements, rights or privileges which
they the said party of the first part or any persons claiming through or under
them or either of them, may have a claim to be entitled to in to or upon said
Shore Lot and the beach in front of Joel Davis land and of, in and to the 20
foot right of way along the northerly boundary line of the farm called
“Willows” and extending from the highway to the most westerly line of high
water mark in Cow Bay, by virtue of any reservation or provision in said above
mentioned deeds contained in so far as such rights, easements and privileges
might be deemed or taken to be appurtenant to the lands hereinafter described.