HomeMy WebLinkAboutVanderbeck, Arthur M
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JUDITH T. TERRY TELEPHONE
TOWN CLERK (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
March 16, 1981
Received, this date, from Arthur M. Vanderbeck, agreement dated
November 6, 1980, between the Town of Southold and the Fleet's
Neck Property Owners Association, Inc., concerning property at
Fleets Neck, Cutchogue. Filed in Suffolk Cbunty Clerk's Office
on January 28, 1981 - Liber 8951, Page 492.
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udith T. Terry
Southold Town Clerk
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umB951 paGE 492
THIS AGREEMENT, made this ;.:L~day of (/ "'" i'---v-,.~l~/I.{ 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 Southold at a meeting held pursuant
to notice duly given to all members thereof, on the ~~~ay of
v27i'-J--'-f:;-y-y--,J<-C.~rj, 1980 (SOUTHOLD) and FLEET'S NECK PROPERTY OWNERS
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ASSOCIATION, INC. (ASSOCIATION) a New York not-for-profit corpora-
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tion with offices at ^ Cutchogue , New York.
WIT N E SSE T H:
WHEREAS, Southold is the owner of certain lands under water
located at Eugene's Creek, also known as 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 1893; 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 fcllows: 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;
lIBER895JraGf 493
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 850 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 850 58' 20" east a distance of 35.00 feet.
(2) South 130 39' west a distance of 28.91 feet.
(3) South 580 40' east a distance of 53.85 feet.
(4) South 870 57' east a dista~e of 114.08 feet.
(5) North 620 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 tne 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
p.arties 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.
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L1BER8951 PAGE 494
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L1m8951p1GE 496
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
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Halsey A Staples
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Paul Stoutenburgh .
Board of Trustees, Town of Southold
Fleet I S Neck ~er~ "6wners
Association, l1nc~; //:/
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By ;:::-
Wi iam Nicol
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STATE OF NEW YORK)
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COUNTY OF SUFFOLK)
On the t ~ day of ~L--?J~JJ-.."'-, 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
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lIBE~8951 PAGE 497
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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.
MUft!n. TQLMW
IlA'f rlJlUC, SlIt' " New Y""
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- Notary Public
STATE OF NEW YORK)
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COUNTY OF SUFFOLK)
On this 4M day of ;1JOI/h11 Ju..c , 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.
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QUIIlIted In ItitfOi County
Commission ExpIres March SO, 19111
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BOUNDARY LINE AGREEMENT
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TOWN OF SOUTHOLD
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FLEET'S NECK PROPERTY
OWNERS ASSOCIATION, INC.
Dated: October
, 1980
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TOOKER. ESSEKS. HEFTER.
CUDDY & ANGEL
COUNSE~ORS AT LA'."-!
tOS' eAeT,-MA-IN- ST-R-EET
RIVERHEAb. N. Y. 11901
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