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Home My WebLink AboutFLEETS NECK PROP ASSOC&GLOVER R � STE E S BOARD O T ;FW . T 1& Osot�N QF SO Y L 'n 1. a ?c N4 a,r`zry: S[7.,E�FO„lIC COU , Telephone 516-765-1938 �� Southol ��2 . 11971 August 6, 1980 Stephen R. Angel, Esq. P. 0. Box 279 Riverhead, New York 11901 Re: Fleet' s Neck Property Owners Association, Inc. Dear Mr. Angel: As per your request of August 5, 1980, I am enclosing copy of boundary line agreement between the Trustees and Glover. If you want a better copy of the map you will have to secure same from Mr. Van Tuyl' s office as this is the best I could do. . Yours truly, Muriel Tolman, Clerk Board of Town .Trustees BOAR STEES D.f'O,f4TO,WN.&TRIO OINO -0 O'LD S �FFO�K COU 'i' Telephone ' 516-765-1938 �� Southold;LII . 11971 July 28, 1980 Robert Tasker, Esq. Main Street Greenport, New York 11944 Dear Mr. Tasker: The Board of Town Trustees has directed me to forward you the enclosed proposed agreement with the Fleet' s Neck Property Owners Association. They would appreciate it if you would review same and indicate if it would be proper to execute same. Yours truly, Muriel Tolman, Secretary Enclosure TOOKER, ESSEKS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET ROBERT L..TOOKER P. 0• BOX 279 TELEPHONE WILLIAM W. ESSEKS RIVERHEAD, N.Y. 11901 (516)727-3277 MARCIA Z.HEFTER CHARLES R.CUDDY August 5, '1 J.980 STEPHEN R.ANGEL 7V Mrs. Anna T. Hataier Board of Trustees Town of Southold 53095 Main Road Southold, New York 11971 Re: Fleet' s Neck Property Owners Association, Inc. Dear Mrs. Hataier: I have just spoken with Robert Tasker, the Trustees' attorney, regarding the proposed boundary line agreement submitted by the Fleet' s Neck Property Owners Association. It is my understanding that Mr. Tasker had two concerns in connection with the proposed agreement: (1) That the heirs of Henry L. Fleet and Clarence C. Fleet may have some interest in the area and should therefore be located so that they can become parties to the agreement. We are going to try to locate them. (2) That the survey and description annexed to the Asso- ciation.' s proposed agreement do not show a separation between the Association' s property and the Glover Island on one course. In connection with the second concern, I have examined the sur- vey prepared for the Association by Van Tuyl dated June 3, 1980 and the survey prepared by him for the Town on March 19, 1980. The survey prepared for the Town does not include the course in question but clearly indicates a channel between the Asso- ciation' s property and the island. I do not have a copy of the survey which was annexed to the boundary line agreement proposed by Mr. Glover. Before I give instructions to the surveyor for Mrs. Anna T. Hataier August 5, 1980 Page Two the purpose of clarifying Mr. Tasker' s concern, it will be neces- sary for me to examine the survey submitted by Mr. Glover with his agreement. Mr. Tasker and I agree that the two boundary line agreements (Glover's and the Association' s) should show the same areacourses and distances. Otherwise we are building into the agreements potential ambiguities. Would you kindly send me a copy of the boundary line agreement between the Trustees and Glover so that I can compare. Very truly yours, S ep en R. Angel 7 SRA/es xc: Robert W Tasker, Esq. Fleet' s Neck Property Owners Association t i i 1 FLEET'S NECK PROPERTY OWNERS ASSOCIATION, INC. P. O. BOX 554 CUTCHOGUE, N. Y. 11935 June 26, 1980 Mrs.- Anna Hataier, President Board of Trustees, Town of Southold Main Road Southold, New York 11971 Dear Mrs. :Hataier: Please find enclosed the original and six copies of a proposed boundary line agreement between the Fleet's Neck Property Owners Association, Inc. and the Board of Trustees of the Town of Southold. This agreement was drafted by our attorney, Mr. Stephen Angel, of Tooker, Esseks, Hefter, Cuddy & Angel. If there are any questions, please call Mr. Angel at 727-3277 or.me at 734-5895. Very truly yours, BOARD OF DIRECTORS FLEET'S NECK PROPERTY OWNERS ASSOCIATION, INC. Robert W. Vander eck, President RWV/ev CC: Stephen R. Angel, Counselor at Law ' NECK FLEET'S PROPERTY OWNERS ASSOCIATION, INC. P. O. BOX 554 CUTCHOGUE, N. Y. 11935 July 3, 1980 Mr. William R. Pell, Supervisor Southold Town Board Southold, New York 11971 Dear Mr. Pell: The stairs at. the end of East Road, Fleet's Neck, Cutchogue, have been installed. This now makes possible easy pedestrian access to the water at the no side, provided by the Town Trustees. All the members of the Fleet's Neck Property Owners Association, Inc. extend their sincere thanks to you for your efforts in.making this possi- ble. We also wish to thank Ray Dean for his cooperation in seeing that the stairs were properly installed. Sincerely, BOARD OF DIRECTORS FLEET'S NECK PROPERTY OWNERS ASSOCIATION, INC. Robert 1. Vanderbeck, President RWV/ev CC: Mr. Raymond Dean, Superintendent of Highways Xrs. Anna Hataier, President, Board of Trustees, Town of Southold , OF F �LERK ALBERT W. RICHMOND ,� Ci.. �, �y TELEFHONE: TOWN CLERK '�' _ �•'^ - 765-37B3 REGISTRAR OF VITAL STATISTICS �C:=•�r�'.� r'i �"'„�" SOUTHOLD, L. I N. Y. 11971 December 1, 1974 .. Alvah B.. Goldsmith, Chairman Board of Town Trustees In accordance with Section 105 of the Town Law, on or before the 31st 'day of December, 1974, all Town '` Officers and employees , except justices of the peace,` ' who receive or disburse any moneys of the Town, shall account with the Town Board for all such moneys receiv`6d and disbursed, and shall produce all books , records , receipts , orders, warrants , vouchers and cancelled che6ks respecting same . . He shall also, at the time of submitting his .books and records , file with the Board a statement, in writing showing his receipts and disbursements for the , fiscal year . On the same day each justice of the peace of the Town shall present his criminal and civil dockets to the Town Board for examination. Very truly yours , Albert W. Richmond Town Clerk , li TOOKER, TOOKER & ESSEKS COUNSELORS AT LAW 108 EAST MAIN STREET CLYDE TOOKER (1896-1971) P.0. BOX 268 ROBERT L.TOOKER RIVERHEAD, N. Y. 11901 WILLIAM W. ESSEKS 516 PARK 7-3277 MARCIA Z. HEFTER CHARLES R. CUDDY September 11, 1974 ANTHONY B•TOHILL Mr. Alvah Goldsmith, President Trustees of the Town of Southold c/o Goldsmith Boat Yard Founders Landing Southold, New York 11971 Re: Fleets Neck Property Owners . Association, Dear Mr. Goldsmith: On or about July 27, 1974 the Summons and Complaint herein was served upon you as Trustee of the Board of Trustees of the Town -of -Southold at Hobart Road, Southold, New York. Since that time we have not heard from you or any attorney on your behalf. The Trustees of the Town of Southold are in default in this case. In read if - the Summons and Complaint, a copy of which we enclose, you will see that no claim is made by our clients against the Trustees of the Town of Southold, but rather our clients contend that the property in question is owned not by Leander Glover, Jr. , b.u.t by the Town Trustees . We earnestly request that you have your attorneys contact the undersigned promptly so as to avoid a default on the part of the Town. Very truly yours , William W. Esseks WWE/ek Encl FLEET' ECK PROPERTY OWN SOCIATION , INC. P. 54 CUTCHOGUE , N.Y., 11935 February 16, 1983 coo Mr. Paul Stoutenburgh, President Southold Board of Town Trustees Southold, New York 11971 Dear Mr. Stoutenburgh: This Association. owns the beach property at the end of East Road, Fleet ' s Neck, Cutchogue, N.Y. This property is bounded on. the south by Peconic Bay and on the north and east by Eugene 's Creek. Spoil from recent dredging was placed along the east shore of Eugene 's Creek although we requested, from the various offices having jurisdiction., that some of the spoil be distributed on the east side of our beach. Every time dredging is done, we lose more and more of our beach. It is therefore requested that the next time dredging is done at Eugene ' s Creek, Wickham Creek, or any other place in this area that sand - be pumped to our area. We also wish to point out that beach sand is greatly needed at the end of Pequash Avenue on. Peconic Bay. Although the beach is small, it is used by many people in this area , Sincerely yours, William F. Hen.eghan, M.D., President FLEET' S NECK PROPERTY OWNERS ASSOCIATION, INC. WFH:RWV:EV S�,L Board of Trustees November 19 . 1,973 if -it is .your, wish, I and any of our adjacent property owners would be :availa.ble -to meet ,with your Board or its representative at any time, should you wish to discuss this matter more ..fully. , very ruly your.. Wi iam 'A. Kenned Fleetwood Road (Acting as representative for Area- Property Owners -Names on request) WAK:fd' cc : Supervisor Albert Martocchia. William W. Esseks, Esq.. Board of Trustees Novemberl9.; 1973 The residents of Fleet ' s Neck feel strongly that it is the province of the Town officials to take a more direct interest in the use of this area. It is not in any sense of the word being used for private property purposes. Neither, because it is claimed as private property, is it being patrolled by Town police. only when called with specific complaints do the Town police respond to check this area. This may well be according to departmental rules (that complaints must be made before the police act) , but it in no way restricts the misuse of .this property. Until part of this area was filled in by this private individual claiming ownership, it was not possible to run cars on the beach area. But once the fill-in was done, the Town extended its roadway to meet this filled-in .land and thus made it possible, convenient and inviting for cars to drive out on the beach. Then, and only then did the ruination of the area begin. It has been related to us that the Town had no alternative than to extend its road to permit access to the private .property suddenly claimed by this individual. It is our feeling that the Town has no such obligation, but should it have, it then would seem to be the obligation of the Town to police the area to which the Town road extends. . It% is also pertinent to us as taxpayers that the Town road extension is .constructed- of a pile of fill some 12 feet wide (est . ) with a ten-foot drop , on either side, and that should there be an accident on this road, the Town (and we as taxpayers) would be financially responsible. For your informa- tion, there have been cars that have rolled off this roadway, but apparently there . has 'n,t, been sufficient damage to cause a suit to be brought against the Town as yet. We do not know. the ownership of this land: we appreciate it is a matter for the courts to decide. 'We have taken that initial step as you know, and have asked for Town participation in a court action to determine such ownership. This we leave to our legal representatives. -2- Board of Trustees November 19, 1973 Meanwhile, we believe (1) that the Town can take action within its legal limits by instituting and maintaining (during the seasonal months) a police patrol of the area, particularly at night; and (2) the Town should place a barrier at the end of East Road (which is actually the end of the regular roadway) inasmuch as the present extension is without merit (there is no residence on the beach) and as it constitutes a danger to motorists using this extension. The result of such action by the Town would be to prevent cars from entering upon the beach. This, in turn, would eliminate both the danger 'to daytime motorists and the nuisance caused by late-night visitors.. The fact that cars would then park on the roadway of , East Road is acceptable to the residents in that area. There would not be the rendezvousing on the beach with cars, and this is what is most obnoxious to the adjacent residents. Pending the result of whatever legal action we will take, and whatever may ensue, we feel that. the ultimate responsibility for the preservation and safeguard of this area is definitely within the province of the Town. To abrogate its jurisdiction in this matter would be to accede to the claims of one individual and thus be heedless to the complaint of the many property owners in this area. We know that this is not 'the intent nor the desire of the elected officials of our Town. For all intents and purposes, outside of the legal procedures, the problem affecting residents of Fleet ' s Neck is now in winter storage. However, with the spring, the idential problems will re-occur and we would wish and expect that our Town officials will have planned in advance so that the conditions I have outlined will not be present in the year to come. While I am aware that we have a Civic Association that is very active and is working in concert with us, of which I and my neighboring property owners are members thereof, and we are appreciative of their aid, I must point out that we have an overriding interest, inasmuch as our immediate properties and our daily lives are directly affected by this condition. -3- "'ENNEDY ASSOCIATES Public Relations Counsel 178 SUNRISE HIGHWAY. ROCKVILLE CENTRE, NEW YORK WILLIAM A. KEN'NEDY, MANAGING DIRECTOR ROCKVILLE CENTRE 6-0920 November 19, 1973 Board of Trustees Southold Township Southold, New York Gentlemen: I am writing this letter in order to place on record the objections of the residents of Fleet' s Neck, Cutchogue, to the misuse of that portion of land extending east into East Creek. For as many years as one can remember, this piece of land was considered an open beach area, an unspoiled sand- spit and part of the wetlands of the area. Those who came in cars parked on the town road and walked down a flight of steps to get to the beach. No resident ever objected nor was there, in my twenty years in the area, any misuse of the area by young or old. Now, for the past several years, we have had to look at scores of cars parked on the beach, to hear nightly the loud and vulgar parties of those who have no regard for people or property, to see hundreds of beer cans and bottles strewn across the beach, to listen to 2 a.m. drag races, and to have local residents threatened by some of the "visitors" from outside if they even request some reduction in the noise late at night. In brief, this area has become, presumably under the guise of being privately owned, a nightly meeting place for some of the less desirable people of the area. In addition, word has spread to areas of New York City that here is one spot that cannot be touched by the police or other authorities. As you know, the individual who claims ownership does nothing to prevent this use of the property. -1- Long Island's Original Public Relations Firm 7 3 �� d--�-�-�-� `�`" rY►�e� �� '�r,�--�- /mod�-u�� -� .�-,. c� Ka-",A X- 7 Cam-- P� 06-Z- 42 el C� �-- Q QS�..�� •� ,.� � �� Cam. 6-76-7 4� � � )1173 9,2, � ��- TOOKER, TOOKER & ESSEKS COUNSELORS AT LAW 108 EAST MAIN STREET CLYDE TOOKER P.O. BOX 268 ROBERT L.TOOKER RIVERHEAD, N. Y. IIJOI WILLIAM W. ESSEKS 516 PARK 7-3277 MARCIA Z. HEFTER CHARLES R. CUDDY November 27, 1973 Mr. Alvah Goldsmith President Trustees of the Town of Southold c/o Goldsmith Boat Yard Founders Landing Southold, New York 11971 Re. : Fleets Neck Property Owners Association Dear Mr. Goldsmith: This will confirm our meeting with the Southold Town Trustees in connection with the proposed suit of the -Fleets Neck Property Owners Association and/or the Southold Town Trustees against Leander B. Glover Jr. , which ineeting:.has been scheduled for Monday, December 3, 1973 at 7 : 30 p.m. at the Southold Town Hall, 16 South Street, Greenport, New York. Very truly yours, William W. Esseks WWE/F TOOKER, TOOKER & ESSEKS COUNSELORS AT LAW 108 EAST MAIN STREET CLYDE TOOKER P.O. BOX 268 ROBERT L.ToOKER RIVERHEAD, N. Y. 11901 WILLIAM W. ESSEKS 516 PARK 7-3277 MARCIA Z. HEFTER CHARLES R.CUDDY , November 7, 1973 Mr. Alvah Goldsmith President Trustees of the Town of Southold C/o Goldsmith Boat Yard Founders Landing Southold; New York 11971 Dear Sir: On September 5 , . 1973 we wrote to you, informing you that this office represents the Fleets Neck Property Owners Association concerning the question of title to property just northerly of the Fleets Neck Property Owners Association beach at Fleets Neck in Southold. The parcel of land in question is claimed by one Leander B. Glover Jr. Our investigation, done at the request of the Fleets Neck Property Owners Association, indicates that the parcel of land claimed by Mr. Glover belongs to the Town Trustees . If you would be so good as to contact the undersigned, or have your attorney contact me, I would be pleased to discuss this with you or your attorney further. Very truly yours, William W. Esseks WWE/F 6dU 11 TOOKER, TOOKER & ESSEKS COUNSELORS AT LAW 108 EAST MAIN STREET CLYDE TOOKER (1896-1971) P.0. BOX 268 ROBERT L.TOOKER RIVERHEAD, N. Y. 11901 WILLIAM W. ESSEKS 516 PARK 7-3277 MARCIA Z. HEFTER CHARLES R.CUDDY ANTHONY B.TOHILL September 5, 1973 Mr. Alvah Goldsmith President Trustees of the Town of Southold c/o Goldsmith Boat Yard Founders Landing Southold, New York 11971 Y Dear -Sir: 1 This office represents the Fleets Neck Property Owners Association concerning the investigation of the true owner of a. parcel of land on Eugene' s Creek purportedly owned by one .Leander B. Glover Jr. Our research indicates that this property very likely belongs to the Town Trustees of the Town of Southold. Would you please be so good as to contact the undersigned, or have your attorney contact the undersigned, so that this may be more fully discussed. Very truly yours , William W. Esseks WWE/F 3 _ ��f, �� . �� ✓� h�� C.�� -�� v "` :� �.. Lm5657 rPa413 Pub 411 and P—l—,R'h—n N.V_ IP <rte t�<iiJ rtrr�r��1�irnr>!ar/rrtul e��/i e t t ` ' ..� Vtt �hrrrtr pF i f re r Tie ixnri/�irll, f tl .Iitirrj✓rirt c //rc "iJt�<rrt, rn �nulalrcn r- A�'ii f�QSe 1sCQ5t'ttt5, , Ile �. JEC<•r7il�rtll, ".�t.�J frerl4 ntt<lrill�i/trJ, ,_ ✓ ' i Il Ihal C r:rrl or Tarrel of tnrl r<Yrtnre rir t/,r r , IA C r s / l t . C.s � is .�, ( �...t �•l- _ �r�,_ `t.c >isr '` / r r < • r c�- ' t L� LIBER 5057 PAGE 413 THIS INDENTURE, Made this Fifth day of December in the year of our Lord one thousand eight hundred and eighty four BETWEEN Robert Leslie and Sarah M. Leslie, his wife, of Peconic, Suffolk County, New York, parties of the first part, and Chauncy E. Glover of Cutchogue, Suffolk County, New York, party of the second part, WITNESSETH, That the said parties of the first part, in consideration of the sum of Fifteen Dollars ($15 . 00) , to them duly paid, have sold, and BY THESE PRESENTS, do grant and convey to the said party of the second part, his heirs and assigns, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Southold, County of Suffolk and State of New York, being an island of meadow in the Greek near Fleet ' s Neck at Cutchogue, in said town, containing about three fourths of an acre, being part of the premises conveyed to said party of the first part by Franklin of Overton as as Committee etc of Benjamin Lewis Penny by dried dated January First 1884, and recorded in Suffolk County Clerk ' s Office in Liber 279 of Deeds, at Page 119, January 19th 1884, at 9 o 'clock A.M. , 4 is tt, 4 i ' 000) t .. ,,. t. .... ., *t r •`r ,., :. _ir� >r.,,.`'rr u;� _ i .�'' t ._. �,. - 1 ,�, !, s '.L„ ,5� 5W : Y-:,{t ., .t � ,., .. -. . �a °%/lei, OFFIC WN ORNEY--,lr ROBERT W.TASKER T ® D TELEPHONE Town Attorney (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 October 24, 1980 Southold Town Board of Trustees Southold Town Hall Main Road Southold, New York 11971 i; Re: Boundary Line Agreement with Fleets Neck Property Owners Assoc, , Inc. Dear Sirs: A new Boundary Line Agreement between the Trustees and Fleetfs Neck Property Owners Association, Inc. has been prepared and executed by the Fleets Neck Property Owners Association, Inc. The agreement is enclosed herewith, in triplicate, and should be executed by the members of the Board of Trustees. Mr. Stephen R. Angel, Attorney for the Association has agreed to record the original agreement and then send a copy of the recorded instrument to the Trustees. Accordingly, after the agreement has been executed, it should bey sent to Mr. Angel at 108 East Main St. , Riverhead, New York 11901. For your information you will note from the map attached to the agreement that the Trustees have retained a small sliver of land completely around the ''Island". If you have any questions on this would you please contact me. Yours very trulya ,,, ROBERT W. TASKER RWT:aa encs, r II /lv�7f" Eti i,' rP SV l � � .a �,.� I' 1, � u • ' t , }a rt� ,,� 3 i.x. t .,.r1 t t ',`fit' °�� IP'+, r t , 1 x , I t 1 ♦ J' r l _ I : ,r v q in.the Town of' " County of Suffolk-and.State of New York, for �t• value received, hereby dedicate to the To�vii of Southold, ;iu said'couiity' a strip of"land' across; my premises in said town for the purposes s of a higli�va', which hi;lily iv ha5 been.si+r ye d ;I and'i ,described as follow 560.11 : f II J 'r C tz �, : oz t L v. w•i, t , 1 \ �A1JY., r ' � � —'�lL/{!—' , O f .��s 'f� LY a—C� ��'•Y'V tl 4 r , I I, ♦ 1Ir r F s t I : , 9" }311P t .0 .t? ° Standard N.Y.B.I.U.Form 800 3-69-20A1-Bar ain:and Sale Deed, with Corena'nt against Grantor's Acrs—Individual r �? �? B B 16�4'1� 0 P°GE t " n J a , CONSULT YOUR LAWYER BEFORE SIGNING THIS INSYRUMEMT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS O!�LY. IV A THIS INDENTURE, made the ,<T�lay of . June , nineteen hundred and si-aty—nine BETWEEN LEAEDER "B o GLOVER Z SR. ; re siding at Cox' s Lane, Cut c.rio,- )�Vd9,, ,A,," Town of Southold, Suffolk. County, New 'York, party of the first part, and LErAND11T, B. GLOVER, JR. , residing at, Cox' s Lane, Cutchogue, Torrn of Southold, Suffolk County, New York. -, �„� " i ; E L ESTATE -ter STATE 0 x TR ,NSFERt� E�'� U �K Dtpl.fof Jut z Ls 0 0 I,cz�,t�n party of the second Part, _ VaTNESSE'TF-i, that the party of the'first part,.in consideration of One and 00/100---- — -- ---------------------------------------------------------( ) �1.00 dollai , lawful money of the United States,and other good and.valuable .consideratior° paid F grant, and release unto the party of the second part, the heirs or by the party of the second part, does hereb} successors and assigns of the•part}' of the second part forever, x h those 1 ALL certairi plot;pieceEbr parcelSDf land, � ith the buildings and improvements thereon erected situate, ,i lying.and being iiEthe at„Cutc�iogue, Town of Southold, Suffolk CouT ty, Teti, t . Y. bounded and described as follows: PARCEL 1: ` , Bounded on the East by Cox' s Lane ; on the South, vest and South by land of .'J. Fi_etrewicz; on the "vest by land of. nary Dorosl,, ; on -the North by land of ,T" E. Johnson and other land_ of the pasty of the fir.•st Part, ' the"boundary line being a continuation westerly of t'rie boundary between. land of E. E. Johnson and the party of the first Dart. RESERVITTG to the party of the first part. the life .use of his residence and residence property and further reserving to A? yce . Glover, wife, of the party of the first .part, the use of said residence and residence property for such time as she occupies sane as l�cr resa_dE,; - PARCEL.- `: v West C. ' s Lane ; on the o i; r.•tl1 aci on thetheII Bounded on the by Cox. . or West by land of ,Willia��i Boleilius; r the North by Long I:1a.zid �iaa,lr•oad ; on. the East by land late . of. Howard-.-B. Robinson; and. on t3�e Sou }� by land of Cox Lane Associates. T PARCEL III : Bounded on, the. ^lest b; C ox, s Lane ; on the.• 1` o r�} 1.� 1 �.nc� tt e n the East and o thecrtzof. �e; Iunn Homan; o T + by . of. the party of ' the first part (Parcel .'.V herein) ; . again on t,,c , lrur.t)z. by, land of Gri111M on tYie `i ast b,� hand_, of Swiatocha and on 't �� ,��ou�7z 1by Long Island Railroad, E^ / 5 ; Y 1 t Rd rt.�•,y L ! 1 �- v::x .ti, r i tr % t .." -. j� PACE 146 PARCEL IV:� Bounded on the North by Middle Road; on the East b land of Grimm; on the South: and on the West by Parcel III herein; again on the West by land of James rI tan; -- b _. PILRCEL V: � Bounded. .on. the East by C ox' s Lane ; on the South by land of Pietrewicz; on the West by' land of the Town of Southold; ,on the Borth by land of' McBride and the party of the' first part (Parcel �'I herein) PARCEL VI: '� Bounded on the North by Oregon Road; on the East by Cox' s Lane ; on the` South ,and. on the East by land of Eastern Suffolk County Co-op; on the South-.by land, of Harris; on the East by lands of i{ar_is and McBride ; on the South by Parcel V herein; on the West and on the South by land of the Town of Southold; ,and .on the Test by land of McBride and others. PARCEL VII : Bounded on the North by land of R. C. Horton; on the Bast by Bay Avenue ; on the South by land of the Midgley 'Estate ; and on the West by Baldwin' s Creek. 9 PARCEL VIII : -Bounded on the' East by land of the Fleet Estate ; on the North, South and .West by Eugene ' s Creek. f f 60, a nAa."-;y't.. 4 k aivF iL' �� cr W k9 r 2 y i i i niFF'�;'��m4�tf IX ay'`nt�`t�'r�y.'.tiS?:yu ii,s•,,i',; i. �y'a ..,4f 7 r.. t -a' .. f.;,.E 1 Y,�,F1 ,..'�,,va.c 1. St'3f^r u1 .>°.r r,,,¢.a.t,� .:t .. .. '': ,ref LIZ h' fJ � r �...n.,'a.-lj,.✓ 5"t+9'.t?�,.1�.�.C2�1'�_.F,�:;_. w �t�J,t... ,: .. ,_ �:-�,.ti .. ,e�r� ..ti�.,r .�a. fi �. �E .�,:''�.aa :.°',"ti � �,�r a ,. �... �_.n;� r HEM f l..V r c ai. l UY a ,A r+� i $ t 0�J.S E�J✓l�1/ .:ICJ R rite_ .. l _' , CIJ \� J ` r C x/yJd-A-.'�� •___E'�•�f�-.JL- _� ` X��./�J�.-f .:.� '��: , I t`-�` i'. CC11 (�✓��— r ^ (� �s L Q- l� \�� 1�N.)•.J G'� :1�.?�--L .v.�. CIV._,�j . 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' ' 11 ,11 4 �d , XA( /.,,%:r :, ,�,, � " . - . - �_, __-,��,,�,.,Jil. _,, �"_'' . , : _t._ :�.', �." 1..1.E-� - -, .... r��,9tib �,:�,;�,:: i� +kjj7��v d " k I I i -�. - rww.�l, �Q e-e.-�c�, C �; -c. ,-"_ _-,,_D � tit �u�.1 "`� ,wt u r ... -- -' -- - .. - :. _. 11 r � . r� I� Ix . .. ....._ } __..., .__. J�:_`.� 'I- v lJ` ` �� r ti'th_�CL% ' CS✓}V '✓�:k...�n i./�.�5_�:y� I 1. 0 +: v _ . ,; . . _._; _ z /� } . `� �- {: . . : t ,., ) r_. . ', tJ . - - �,� _ _,... �... 4 __.. . . , , - l ._ er►? �_ ..,. . , . , . �JLJI: + �t _ _ i t { I I. ' J _. I . _.i. u �.I. .r. .V 1.-. »_ .-,. .. 6` - � � . r Wes , i - . _.:_ Y _ �_ __: �, i _ - , , - : , • i. ., .,.. ... - _ .W I , : I t . S{ I. -. .. ' ; ;. , . `r _ ' .f I Vn _�_s. _. _ .. :c._ .._.... .,�__.. _... . + , , _ F I _.__ .: I r . w ! , . - _� r , S - 1 V ,; , 1. I I .. '` `� t .r f + , } , J n a i.: 3 h i - I,r k " I ( tl ti �r f. t n'"" r r .'* 11 �, ig ,:,D'�.,�1 �}' ,` �'2��r E. S ti i y_ r i ,,L l �! C I �` , I. }� '!i a'�¢.i �_. a n I a:l , ' h} n .. ; o- + 1. y )Irk r�r :� 't t`.'It .I f r `�:. 1 f t ti:, .�+1 .ir; i 24 y C' ��'.. „°l.l -,kL �5'. S ", M ^� •F� , ... rlh. i� 1 ' 1C:!S�P;tu�.fa „;Y%r-t'a'.aS ;.ki �`N�, .�,it��a ',:A{ '•�'il '� ` "`.z' t n it t� el3'�" 0F.JI( cr .._ . ;'t'' k!•' ', . lE�}��.t::.?.a ,.v, .k W".•.I:z .Jc E 1 STATE OF NEW YORK COUNTY OF SUF'FOLK SUPREME COURT FLEET' S NECK PROPER7T OWNERS . ' ASSOCIATION, INC. , SUMMONS Plaintiff, -against- . .. Index No. BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD and LEANDER GLOVER, JR. , Defendants. TO THE ABOVE NAIKED DEFENDANTS: You are hereby summoned to answer the Complaint in this action and to serve a copy of your Answer, or if the Complaint is not served with this Summons , to serve a Notice of ,appearance W on the plaintiff' s attorneys within twenty days after the service ir of this Summons, exclusive of the day of service, where service is made .by delivery upon you personally within the state, or W within thirty days after completion of service where service is W made in any other manner. In case of your failure to appear or _ Y answer, judgment will be taken against you by default for the a • o relief demanded'`in the Complaint. O Plaintiff designates Suffolk County as place of trial. The venue in Suffolk County is predicated upon the fact that the real property which is the subject of this action is situate within said Suffolk County. Dated: Riverhead, New York July 3, 1974 TOOKER, TOOKER & ESSEKS Attorneys for the Flaintiff Office & P. 0. Address 108 East Alain Street F . 0. Box 268 Riverhead, New York 11901 - i STATE OF NEW YORK COUNTY OF SUFFOLK _ SUS COURT FLEET IS NECK PROPERTY OUTNERS ASSOCIATION, INC. Plaintiff - against - COAPFLA BOA RO OF TRUSTEES OF THE TOWN OF I MEX No : SflillTr 0M. .end LFANOF.R GLOVER JR. , 3co5 Defendants Plaintiff, complaining of the defendants, by its attorneys .TOOKER, T001€EK.& ESS XS, .respectfully states. to this Court as follows: 1. This is an action brought pursuant to Article 1 of the Real Propertya Actions and Proced ings ' Lay for the purpose W W of determining the ownership and rights of the respective.parties hereto in and to certain property hereinafter described in W paragraph "3" of this Complaint. ` 2. The plaintiff is a Not-For-Profit-Cor f0 W �rataoan , 0 r formerly a membership corporation,with offices at Pine Wood Road a y and Southern Cross Road at Cutchogue, in the Town of Southold, County of Suffolk, State of New 'fork. 3. That they plaintiff is the otmerin fee of certza property at Fleet's Neck in the Hamlet of Cutchogue, Town of -s Souehol.d, County of Suffolk, and State of New York, more parti- cularly bounded and described .as follows: Northerly partly by .East Road and partly ; icy..the .waters, of,.,Eugene Creek Easterly _by Eugene Creek, Southerly by Little Peconic }day; and Westerly by other land of the parties of the first 'part, formerly of Norma H. Fleet Beattie, Which said property the plaintiff herein acquired by deed dated . June 5, 1970 from Henry L. Fleet and Clarence C. Fleet, which deed was recorded in the Office of txe Clerk of the County of Suffolk on the Sth , day of July, 1970 f zn deed liber 67b9 at page sF ; 1.. 491, and that this plaintiff has- been in occupancy and possession of said property since .at least the date of recording of said deed. 4. '"hat the defendant 1RD OF TRUSTEES OF THE TOWN OF SOUI"ILOLD is a municipal corpornti.oan organized and existing pursuant to Chapter -".615,R Laws of 1893. {: 5. Upon information and belief, the defendant L-ANDER GLOVER JR. claims to be the owner of a certain parcel of real property described upon Schedule "A" annexed hereto, which parcel. is situate northerly and easterly of property of Y the plaintiff as said plaintiff's. property is described„in paragra "3v" above. 6. Upon information and belief, said defendant LEANDER GLOVER JR. 's title was acquired as follows: z a) deed dated December 5, 1884 from W Robert Leslie and Sara M. Leslie to Chauncey E. Glover recorded in the. Suffolk County Clerk`s Office on October 8, 1961 in Liber 5057, at page 4139 b) Chauncey E. Glover, who died testate on. February 1.9, 1950, devised certain land, which pur-portedly is the land which is the subject of this `r` S netion, to his daughter Harriet C. Luce and his scan W Leander B. Glover, which said will is shotae+ in Will. Liber 1.61, at page 143, in the Suffolk Cou ity Surrogate's Court; c) deed dated November 4, 1953 from Harriet C. Luce to Leander B. Glover Sr. recorded in the Suffolk Cotmty Clerk's Office on November 9, =953 in Liber 36099 at page 133; d.) deed ..dated .Bane 28, 1969 from Leander S. Glover Sr. to Leander B. Glover Jr recorded in the :Suffolk..�Cotmty Clerk's Office on July. 2, 1969in Liber ,6578, at page. 147 7. That the interest that Robert Leslie and Sara M. Leslie allegedly transferred to Chauncey E. Glover by dead dated December 5, 1884, which deed was recorded In the Suffolk County Clerk's Office in dead liber 5057 at page 413 is stated to .be 2 `t. f'an island of meadow in the crei lz near Fleet's deck at Curchog e, in said Town, containing about 3/4 of an acre, being part of the premises convoyed to saki party of the first* by Fr"klin H. Overton as committee cif Benjamin LL�xis Penny by deed dated January 1," 1 34, and recorded in the Suffolk .CotMty Clerk's Office in: Liber 279 of deeds at page 119, January 19, 18 at 9 o'clock a. M." 8. That the "island of meadow in the creek near Fleet's neck at Cutchogue, in said Town " referred to in the deed from Robert Leslie and Sara M. Leslie, recorded in the Suffolk County Clerk's Office in LiCber 5057 at page 41.3 does not relate to deal truth" and`is,not the property claimed by the de-:..,: fcadant i MMER GLOVER JR.. but is a different and unrelated z interest in land. o 9. Upon information and belief, the property W a ' described in Schedule "A" annexed hereto and -referred to in'.. . N paragraph "5" herein and which is c1 aimed by defendant LW.NDk'R W GI DYER JR. is awned by the defendant BOARD OF TRUSTEES OF THE W S `a'OWN OF StDtgIMLD. W 10. 'Mat the defendant l,�r�ANDER GLOVER 'JR. has p F entered into possession of the premises described Ui paragraph herein. 11.. That the defendant WINDER GLOVER JR. has him- i.S^. self or has caused others to place spoil and/or sand and dirt or other material upon the premises described in paragraph se5�e herein and has further caused some of this spoil and other, material. to encrmach upon. the property of the plaintiff as described in paragraph' :'3°''her,6of. 12. By the ,acts described in paragraph "ll", the defendant LE ER GLOVER JR. has interfered with the plaintiff's riparian rights in and to Eugene's Creek. 13.' 8y the acts described in paragraph "11"* the defendant LEA ER GLOVER JR. has interfered with the rights of the plaintiff to Ingress to and egress from the eaters of Lugetne' Creek. :,,ti 3 4 14. That there are no persons not in being or ascertained at the commencement of this action who by any contingency con.taine' d;� in a devise car other��ise could afterward bn,cc-men . entitled to a. beneficial estate or interest In the property involved in this action, and any judgment rendered . ..herein adjudging plaintiff to be vested with an ab olute*, and . unencimebered title in fee simple will not and may\nck affect any person not In being or not ascertained at the (lane�o� the commencement of this action. l5. That no personal claim is made agains any defendant in this action, excepting a defendant who -shall..,-,assert , a claim adverse to the claim of this plaintiff, and any .claim of defendant BOARD OF TRUSTEES 03.E THE TOWN OF SOUTHOLD. 1.6. The BOARD OF TRUSTEES OF THE TM4 OF' SOUMOLD is ,joined for the purpose of bringing before the Court all the Z parties interested in this action and in that heretofore, upon W information and belief, said TRUSTEES have refused or were a reluctant to establish its ownership of the property which is m the subject of. this action. m w o W'dEREFORE, the plaintiff demands judgment as w follows. Y 0 a) that the defendant LEANDER GLOVER JR. and any- one claiming under him be barred from all claim to an estate or interest in the property described in paragraph "5`B hereof; b) that-it- be adjudged that the defendant ,RO.ARD Or TRUSTEES -OF T'HE TOWN OF SOUTHOLD is vested with an absolute .: f. simple to .the prop described unencumbered title in :fee }.. in paragraph "5" hereof; c) that it be adjudged that the plaintiff shall have free and unencumbered access to and from the north side of its property to the waters of Eugene's Creek without interference by the defendant. LVANDER GLOVER JR. or his successors or assigns; d.) that the defendant LZANDER GLOVER JR. be en- Joined from interfering with the right of the plaintiff to pass - 4 - 4. from the north side of its property to the waters of Eugene s Creek; e) that plaintiff have such other and further relief as to the Court may seem ,just and proper in the premises. DATED: Riverhead, New York ,duly 11, 1974 TOOKER2 'TOOKEn & ESSEKS, ESQS. Attorneys for the Plaintiff Office and P. 0. Address 108 East Main Street Riverhead, New York 11901 51b 727-3277 z 0 a W W • N W C W Y O M K W 5 O O F r `j - 5 - 1' 1. STATE OF NEW YORK ) COUNTY OF SUFFOLK SS JOIDT MINERVA, being duly sworn, deposes and says that he is the President of FLEET'S NECK. PROPERTY OWNERS ASSOCIATION, INC. , the corporation named in the within entitled - _.:. action; that he has read the foregoing Complaint and knows the contents thereof and that the same is" true to his own knowledge _- except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true. Deponent further says that the reason this veri- f ication i$ made by 'deponent and:-riot by.'FLEET'S`-NECK..PROPERTY' OWNERS ASSOCIATION, INC. , is because the said FLEET'S NECK z PROPER17 OWNERS ASSOCIATION, 114C. is a corporation, and the 0 grounds of deponent's belief as to all matters in the said W a -Complaint not stated upon his own knowledge are investigations which deponent has caused to be made concerning the subject la W matter of this Complaint, and information acquired by deponent ' = X in the course of his duties as an officer of said FLEE NECK 0 :Y F y FROPEKT'� OT�"NERS ASSOCIATION, INC. and from the books,..anal papers F of said corporation. r; ohn Minerva Sworn to before me this 0 day of July, 1974. w,.A Notary Public WILLIAM W. ESSEKS -iOTARY PUBLIC, State of New York No. 52-1132575 / Qualified in Snffol4 Connfy Cosnaiission L::pires f4areli 30, 19� r 1 1 ' 1 A PIECE OF LAND, formerly meadow, situate at Or near Eugene' s Creek at Fleet' s Neck in the Hamlet of Cutchogue, Town of Southold, County of Suffolk,. State of New York, more particularly bounded and described i as follows ; On the North by the waters of Eugene' s Creek; On the East formerly by the waters of Eugene' s Creek and now the spoil as a result of dredging; On the South formerly by the waters of Eugene' s Creek and property .now of Fleet' s Neck Property Owners ' Association; and U s On the West by "East Road" and property now of r Fleet' s Neck Property Owners ' Association, all as shown upon a survey made by Van Tuyl & Son, dated N April 22, 1970. LLI Y. fl U 1- of Y O O r I SCHEDULE "A" ,. ..•Lll :......--..5.. .......,1'S<!:._•K.1.;.J...�.R:':.:C:'1:S.C`ST.it^.'�fQl:.ti:b.L4:i2:_C_'S'l1ZT:�L'.^_^_.>S.'S]T_.-�:C:=._..^tTL.Iv.T..-in•.+.+.......ram....�...w -..................... ..........__..,......... ......_ ._ _.. .. at. THIS AGREEMENT, made this ,day of 1980 (. between the TOWN OF SOUTHOLD, with .office at 53095 'Main Road, Southold, Town of Southold, Suffolk County, New York, by a majority of its duly elected Trustees, and in pursuance of. Chapter 615 of the Laws of New York, passed in- 1893, and in pur- suance of a written resolution adopted by .a majority of the Board of Trustees of the Town of Soutnold, at a meeting held pursuant to notice duly given to all members thereof, on the 4�_-�, i-day of 1930 (SOUTHOLD) and FLEET' S NECK PROPERTY OWNERS ASSOCIATION,, INC. (ASSOCIATION) a New York not-for-profit .corpora Lion with offices at Cutchogue New York. W I T N E S S E T H: WHEREAS, Southold is the owner of certain lands under water located at Eugene' s Creek, also known a.s East- Creek, near Fleet' s Neck, Cutchogue, Town of Southold, Suffolk County, New York, by virtue of a Patent from Sir Edmund Andros dated October 31, 1676, . recorded in the office of the Secretary of State, Book 4 of Patents, page 402, and by virtue of Chapter 615 of the Laws of the State of New York of 1393; and WHEREAS, Association is the owner of a spit of land known as Fleet' s Neck, Cutchogue, Town of Southold, Suffolk County, New York, which property Association acquired as follows : pursuant' to a deed dated June 5, 1970 from Henry L. Fleet, and Clarence C. Fleet to Fleets Neck Property Owners Association, which deed was recorded in the office of the Suffolk County Clerk on July 8, 1970 in Liber 6769 of conveyances at page 491; and WHEREAS, portions .of the lands owned by Southold and Asso- . ciation were filled and covered by dredge spoil as a. result of the .. dredging by the County of Suffolk of Eugene' s ..Creek.,. also- known as East Creek, in 1966, and as a result thereof the boundary. line be tween the lands of Southold and Association became obscured; and WHEREAS, the parties desire" to fix and definitely establish the boundary line between their respective lands; f y NOW, THEREFORE, in consideration of the premises and of the sum of ONE DOLLAR ($1.00) by each of the parties hereto to the other in hand paid, the receipt whereof is hereby acknowledged, the said parties hereto for themselves, their heirs, executors, administrators, successors and assigns, covenant and agree that said boundary line be and the same hereby .is established as a line described as follows : BEGINNING at a monument which is located at the easterly terminus of the southerly line of East Road, a public highway of the Town of. Southold and which monument is also located North 85' 58' 20" east a distance of 77.45 ft. from a monument located in the southerly . line of East Road, which monument marks the northeasterly corner of land now or formerly of Beattie. and the northwesterly corner of land now or formerly of the Fleet.' s Neck Property Owners Association, Inc. , and from said point or place of beginning, running the following five (5) courses and distances.: (1) North 85' 58' 20" east a distance of 35.00 feet. (2) South 13' 39' west a distance of 28 .91 feet. (3) South 58° 40' east a distance of 53.85 feet. (4) South 87° 57' east a distance of 114.08 feet. . (51 North 62' 14' east a distance of 144.21 feet, to the ordinary high water mark of Eugene' s Creek. All as shown on a survey for the Town of Southold,. by Roderick Van Tuyl, P..C. dated March 19, 1980 which is attached hereto as Exhibit A . AND, Southold hereby 'remises , releases and. quitclaims unto the Association, its heirs and assigns forever, its right, title and interest to any land lying to .the south, southeast and east of said boundary line so established and also to the hook of sand ex- tending to the north thereof as shown on the. survey -annexed 'as Exhibit A, and Association hereby remises, releases and quitclaims unto Southold, its successors and assigns forever, its right, title and interest to any land lying to the north and northwest of the said boundary line so established. IT IS MUTUALLY COVENANTED AND AGREED by and between the parties to these presents that this agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns. of each of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first_ above written. A a T. Hataier Frank Kujaw J , /Henr . Smith Halsey 'A; Staples Paul. Stoutenburgh . _ : Board of Trustees,. Town of Southold Fleet' s Neck Pr_o_perty.�wners Association, Inc. ,.-% ! *: By r W Nicol ., . ,, ,,•. i13:`iam STATE OF NEW YORK) ss. . COUNTY OF SUFFOLK) On the Z%_Z�-z day of 19802 before me personally came ANNA T. HATAIER, residing at 1400 Beebe Drive, Cutcho�;ue, New York; FRANK 'A. KUJAWSKI, JR. , res-iding ,at (no number) Marratooka Road, Mattituck, New .York; HENRY P., SMITH, residing at (no 'number) Hobart Road, Southold, New.York; HALSEY. A. STAPLES, .residing at (no number) Middletown Road, Greenport, New York; and PAUL STOUTENBURGH, residing at (no number) Skunk Lane, Cutchogue, New York, all personally known to me who, being by me duly sworn, severally said that. each reside in the Town of Southold, County -of Suffolk and State of New York, and are members of the Board of Trustees of the Town of Southold and constitute a majority of same; that they know the corporate seal of the said Town of Southold; that the seal affixed to the fore- going instrument is such corporate seal; that it was thereunto affixed by order of the Board of Trustees of the Town of Southold, and that each one signed his or .her name thereto as a Trustee and by like order. MUMEL VLMAN NO'fAAY TUBL{C,Stag of Ne,�Yo+k �. 1� ,LZti r lL cL,�• 52.452292iwSuffnik UuntY �. Notary Public mr�tss;id DiPhes t7lirth 3i3, 1�_.. STATE OF NEW YORK) ss . : COUNTY OF SUFFOLK) On this 4/-/t day of 1VDdAPM 4ZC, 1980, before me, the subscriber, personally came WILLIAN NICOL to me known, who, being by me duly sworn, did depose and say that he resides at (no number) Fleetwood Road, Cutchogue, New York; that he is the President of FLEET' S NECK PROPERTY OWNERS ASSOCIATION, INC. the corporation described in. and which executed the foregoing instrument, that he knows the seal of said corporation;"that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors' of said corporation and that he signed his name. thereto by like . order. G� ®usi39ie in Suffolk� nty Commission Expires March so, 1981 f I THIS AGREEMENT, made this day of 1980 , pi �? + between the WiPN OF SOUTHOLD, with office at 53095 Main Road, ,! Southold, Town of Southold; .Suffolk County, New York, by a , :I 1 maj ority of.i_its duly elected Trustees , and in pursuance of Chapter 615 of the Laws of New "York, passed in 1893, and in pur- n I1suance of a written resolution adopted by a majority of the Board of Trustees of the Town of Southold at a meeting held pursuant to notice duly Riven to all. members .thereof, on the �L�� day of ,198U , party of the first part, and LEA14DER B.-'-GLOVER,:. residing at 805 Cox Lune, Cutchogue, Town of Southold., Suffolk i 1 County, New York, party of .the second part. 1v I T N E S S E T Ho WHEREAS, the party of the first part is the owner of certain ` fj 1lands under water located at Eugene's Creek, also known as East ` s \N ; Creek, near Fleet's :Neck, Cutchogue, Town of Southold, Suffolk a ' =,i County, New York, by virtue of a Patent from Sir Edmund Andros ' V ijdated October 31, 1676, recorded in the office of the Secretary" of 4 ilState, Book 4 of Patents, page 402, and by virtue of Chapter 615 �i ,i of the Laws of the State of New York of 1893; and WHEREAS, the party of the second part is the owner of an q' island near Fleet's Neck, Cutchogue, Town of Southold, Suffolk 6 ? County, New York, which property the party of the second part acquired as follows: Parcel VIII in a deed dated the 28th day of 'June, 1969 from Leander B. Glover, Sr. to Leander B. Glover, Jr. , 31which deed was recorded in .the Office of the Clerk of the County i�of Suffolk on July 2 , 1969• in Liber 6578, page 147, and a :deed s ';dated the 316t day of October, 1974 from The Trustees of the jjProprietors of the Common and Undivided Lands of the Town of ;,Southold, which deed was recorded in the Officerof the Clerk of 9 I ;i ai the County of Suffolk on Novel-aber 18 , 1974 in Liber 7751, page i 398; and which title was confirmed by a Judgment made at Trial Term, Part XIV of the Supreme Court of the State of New York, County of Suffolk, in an action entitled "Fleet's Neck Property Owners Association, Inc. , Plaintiff, against Board of Trustees of the Town of Southola, Leander Glover, Jr. , Henry L. Fleet and Evelyn Sample Fleet and Charles Sample Fleet, as Executors of the i, il Estate of Clarence C. Fleet, deceased, Defendants" , Index No. fq 74-8365 , dated !March 6 , 1978 and entered in the office of the Clerk of the County of Suffolk on March 8, 1978; and i WHEREAS, portions of the lands owned by the party of the q, =! first part and the island owned by the ,party of the second part xIwere filled and covered by dredge spoil as a result of the '( dredging by the County of Suffolk of Eugene's Creek, also known { �i as East Creek, in 1966 , and as a result thereof the boundary line 5between the landsof the party .of the first part and the party of the second part became obscured, and WHEREAS, the parties desire to fix and definitely establish the boundary line between their respective lands; !; NOW, THEREFORL, in consideration. of the premises and of the sum of ONE DOLLAR ($1.00) by each of the parties hereto to the other in hand paid, the receipt whereof is hereby acknowledged, �j , the said parties hereto for, themselves , their heirs, executors , i! q, i'ladministrators , successors and assigns, covenant and agree that ' said boundary line be and the same hereby is established as a ,11ine described as follows : North 850 58' 20" East 85 feet BEGINNING at a point_ which is !j from a monument marking the easterly end of the north- erly line of' East Road, a phblic highway of the Town of Southold, said monument being 274.08 feet easterly 'i from the corner formed by the intersection of the easterly side of Fleetwood Road with the northerly side of East Road; from said point of beginning, running- the following four courses and distances : (1) South 300 49 ' ' 20" East 55. 45 feet; (2) South 550 00 ' East 52 .94 feet; (3) South 78104' East 72.51. . _ '. . feet; (4) North 620 14 ' East 103. 0 feet to a point. � _2_ i ti � f i All as shown on a survey for the Town of Southold ii by Roderick Van Tuyl, P.C. , dated March 19 , 1960, i which is attached hereto and made a part hereof as Exhibit .i. r AND, the said party of the first part hereby remises , releases i, and quitclaims unto the party of the second part, his heirs and ; assigns forever, its right, title and interest to any land lying ?i i;ito the north and northeast of the said boundary line so established; and the said party of the second part hereby remises , releases and as Nquitclaims unto the party of the first part, its successors and $! assigns forever, his right, title and interest to any land lying ?g ;Ito the south and southwest of the said boundary line so established; IT IS MUTUALLY COVENANTED PAND AGREED by and between the pa.rtie4 ZS to these presents that this agreement shall run with the land -and ?ibe binding upon and inure to the benefit of the respective heirs , { Etexecutgrs, :.aimi4�stra.tors, successors and assigns of each of the i ;;parties hereto. ' f E IN WITNESS jd.IEREOF, the parties have hereunto set their hands :and seals the day and year first above written. Ailia T. iataier rjIf1 awski Jr. it e y P mith Halsey A. Stc. le_s i y 1 i Paul St/o/utenburgh 9 sander F. Glover, Jr.r STATE OF NEW YORE i, s s. . COUNTY. OF SUFFOLK On the � y'� day of 1930 , before me personally li ". came ANNA T. 1I2+TAIERresIding at .1400 Beebe. Drive,.•-.Cutchog.ue, New i -3... i York_;, .,FRAYdh'A', KUJAWSRI, JR. , residing at (no f) Marratooka Road, P flattituck, New York; HENRY P. SMITH, residing at (no Hobart ;; Road, Southold, New York; HALSEY A. STAPLES, residing at (no �) ` Middletown Road, Greenport, New York; and PAUL STOUTENBURGH, residing ;.A.t (no ) Skunk Lane,. Cutchogue, New York; all personallyi known to me who, being by me duly sworn, severally said that each f1 s reside in the Town . oil Southold, County of Suffolk and State of New York, and ,are members .of the Board of Trustees of the Town Gof Southold and constitute. a majority of same; that they know.-. the ' jtcorporate seal of the said Town of Southold; that the seal affixed ` ; to the foregoing instrument is.. such corporate seal; that it was If 1 thereurito affixed by order .of the Board of Trustees of said Town `iof Southold, and that each one signed nis 'or her name thereto as a Trustee and by like order. i • ,U,t7l£; TQt NtJ _ fpv41iY Mir,St *�of f4vwjn* -r .�, /. N 245220?&-Sytfolk C-unty <,:}/ -— { i Ex'(r4c 6?arsfi , i r Ttatary Pub 11 c c+ w Jf i STATE OF NEW YORK: ss. o IiCOUNTY OF SUFFOLK. i On the .. day of 1 t��1, _1960 , before me personally :;came LEANDER B. GLOVER,. JR. , to me known to be the individual ft i; described in and who executed the foregoing instrument, and j 6aeknowledged that he executed the same. f"�UF�Ig�`TOLfJIs��t Notary Public "%RY PUBIIQ Stnfi of Ntr Yak ?! Me.'S?•4522026-SWfAk CAuty i CowiwaR ExMtts Voreh:W,�0...... —4— LI3EF ��PAGA � o } (Z 74. 0s) • _ 6't.•O C� rCr�G� Q 1;,ev erecord o� i � �0• i t � M dam° s e"�tr f : . b�r�a rX ,ire 'ra�-rr rr To`, SECI ✓ :1 _ EDIK t4 a p Df fY��c7r' 19 1 8 O T°' Va r_ Tc! ;�`:. {' r Gl'A .Glee+/l dea:� �l/ ayr�r Q`+!/ f:/�' ��r"•� TtrE UN, LIBEF,8951PAGf 495 •� fa- K� i r .. Kle 4 �` 3+ �T }.y e � r Q?•o�'�•` ��•' -ram._•. •�....... Y I •TION OR AUUlilpp Y ` - •- iIOLATIOIJ OF OAP .VFW YCR.K STATE F:UT 8iA LNG f LIBER8951 PAGE 49"s IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.. A ' a .T. Hataier Frank Kujg4 , J /Henr Smith ' 2 Halsey A Staples Paul Stoutenburgh Board o.f Trustees, Town of Southold Fleet' s. Neck Ppo er owners �y Association, 411nc < s t By . `� �<,• � ,�ti�.,, Wi1-]_'iam Nicol STATE OF NEW YORK) ss . . COUNTY OF SUFFOLK) On the day of 1980, before me personally came ANNA T. HATAIER, residing at 1400 Beebe, Drive, Cutchogue, New York'; FRANK A. KUJAWSKI, JR. , residing ,at (no number) Marratooka Road, Mattituck, New York.; HENRY P. - SMITH, - residing at (no number) Hobart Road, Southold, New York; HALSEY A. STAPLES, residing at (no number) Middletown Road, Greenport, New York;- and PAUL STOUTENBURGH, residing at (no number) Skunk Lane, Cutchogue, New York, all personally known to me. who, being by me duly sworn, severally said that each reside in the Town of Southold, County of Suffolk and State of New York., and are members of the Board of Trustees of the Town of Southold and LIHP8951PAGE497 , constitute a majority of same; that they know the corporate seal of the said Town of Southold; that the seal affixed to the fore- going instrument is such corporate seal; that it was thereunto affixed by order of the Board of Trustees of the Town of Southold, and that each one signed his or her name thereto as a Trustee and by like order. MUMEL TOW'" "TpXJ PUBLIC,Stag of New YOA f,.152.4g22g2GrSv1HR County � ,i Notary Public Cpm�s9ilft E��kes�tCh�. 1�_... STATE OF NEW YORK) ss . . COUNTY OF SUFFOLK) On this 4AIL day of NOv�Akz1L , 19802 .before me, the subscriber, personally came WILLIAN NICOL to me known, who, being by me duly sworn, did depose and say that he resides at (no number) Fleetwood Road, Cutchogue, New York; that he is the President of FLEETS NECK PROPERTY OWNERS ASSOCIATION, INC. the corporation described in and which executed the foregoing instrument, that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. �of ffim y ola Qualified in Su#foik Cou" COfT NOSsion Expires March so, isal . 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' t " i ti 1 I UNAUTHOR;ZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF -. SECTION 7209 CF THE NEW YORK STATE EDLSCA.TION LAW. h' COPIES OF TttfS SURVEY MiAP NOT LEAPING THE LAND SURVEYOP'S SE INX-20 A L OR �� EMBOSSED SL'AL SHALL NCT EYE COPISIDERFD TO V,A VALID Ti.UE COdY. GUARANTEES INDICATED HE ,`.ON SHALL PUN ONLY TO THE PEi;SCN FOR V'aC1.1 TiiE S.'i;yEY 15 PREPARED, AND ON h:;S BEHALF TO :+.E TITLE COMPANY, GOVEii:LE NTAL AG`_N'CY AN' LENDING INSTITUTION L!STE7 ka..'!��•.!, AF.T. TO THE ASSIGNEES OF THc L°NDT:G INSTI- *UTION. GUAF•,ANTEES A,:E HOT TRANWUAe ? ADDITIONAL INSTITUTLONS OR SU3SEQte 11P E-0 f3 de ION OR ADDILIpp Y I j�..''..• .'... J _ ..OLAiICIJ OF EW STArt J ';U'PLO' BiAZING rl L! Cvr SlJl RiD .. OBER JL-�Jr4/v 74. �. _ ,,�� •ins:a `1 ,�,� S T' b�•� rrc cord� '�' 04 UNt C sci TION oa 6.80 TH_ 2OdG%I'!Ch Vat,- :htleff P.ice imp. 70A'r:cr ! !�' :: :•;;•r ------•�...__._._._.�__._ ._..._ tr-._....._ of. YITLt lk i,r loft C!v at Y. I �r� 'ra�rrr�r«f/ y��a0 ifora. A4a. `, 19, 9.8 O Cori r C 14 V-7 �" i'l:+' �" - l'7•'��:r.^,, fi4a .. �, �+Y'�'► �� ,.NVH� r �GVA� 1.??:`�'+ji,'.: ` �..•,7:. .S.j„!•ii ', ��<'s. i� v'r '1.6J�7�f+ �-� 5��.l/.'S/'4Y 00* it TUT - 1 I } I , i ;•. Jj �S rE M, JION OR ADDITION Q lsC iIOIATIi:N OF NE W YCRH STATE NA?FEUi BEATING C A.JR . P. ITV, yr , 300HPAW LINE AGREMENT Between f TMV OF SOVMLD OWUM ASSOMATION.0 ttd,,,- Ootbber 1980 TOOKER, ESSEKS, HEFTER. CUDDY 8C ANGEL COUNSELORS AT LAW 106 EAST MAIN STREET RIVERHEAD, N. Y. 11901 BOUNDARY LINE AGREMENT Between T014N OF SOUTHOLD -Ind FLEET'S NECK PROPERTY 01.4NERS ASSOCIATION; INC. Datedt October 1980 r TOOKER, ESSEKS, HEFTER, CUDDY & ANGEL- COUNSEL-ORS AT LAW 108 EAST MAIN STREET RIVERHEAO, N. Y. 11901 i