HomeMy WebLinkAboutFLEETS NECK PROP ASSOC&GLOVERBOARI
Telephone
516-765-1938
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 ygur 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.
Your s truly,
Muriel Tolman, Clerk
Board of Town Trustees
Telephone
516-765~1938
11971
July 28, 1980
Robert Tasker, Esq.
Main Street
Greenport, New York 1t94~
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,
Enclosure
Murie! Tolman, Secretary
ToOKeR, ESSEKS, HEfTEr, CUDDY & ANgel
COUNSELORS AT LAW
RIVERHEAD, N.Y. 119OI
August 5, 1980
TELEPHONE
Mrs. Anna T, Hataier
Board of Trustees
Town of Southold
53095 Main Road
Southold, New York
11971
Re: Fteet's Neck Property Owners Association, Imc.
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:
(I) 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 net 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 fo~ 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 (Gtover's and the Association's) should show the
same area~ courses 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,
SRA/es
xc: Robert W Tasker, Esq.
Fleet's Neck Property Owners Association
FLEET'S NECK
PROPERTY OWNERS ASSOCIATION,
P. O. BOX 554
CUTCHOGUE, N. Y. 11935
INC.
June 26, 1980
Mrs. Anna Hataier, President
Board of Trustees~ Town of Southold
Main Road
Southold, New York 11971
Dear Mrs. lM~taier:
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.
RWV/ev
CC: Stephen R. Angel, Counselor at Law
PROPERTY
July 3, 1980
FLEET'S' NECK
OWNERS ASSOCIATION,
P. O. BOX 554
CUTCHOGUE, N. Y. 11935
William R. Pell, Supervisor
Southold Tow~ Board
$outhold, New York 11971
INC.
Dear Mr. Petl:
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 north side, provided by the Town Trustees.
Ail 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 ~hank Ray Dean for his cooperation in seeing that
the stairs were properly installed.
Sincerely,
BOARD OF DIP~ECTORS
FEET'S NECK PROPERTY OWI~ERS ASSOCIATION, INC.
Robert ~. Vanderbeck, Presidemt
RWV/ev
CC: Mr. Raymond Dean, Superintendent of Highways
xzs. 3w~xa Hataier, President, Board of Trustees, TO~ of Southold
LEIRK
SOUTHOLD.
L. i, N. Y. 11971
December l, 1974
Alvah B. Goldsmith, Cbai~man
Board 'of Town TrusEees
In accordance wznh Section 105 of the Town Law
on or before the 31st day of December. 1974 all Town
Officers and employees, excepn ]ustices of the eeace.
who recezve cr disburse any moneys of the Town. shall
account with the Town Board for all such moneys received
and disbursed, and shall produce all books records
recelDns, orders, warranns, vouchers and cancelled che'~ks
respecting same. He shall also at the time of suomi~ting
his books and records, file with the Board a scamemenm~in
writing showing h~ recezpns and disbursements for the
fiscal year.
On the same day each justice of the peace of ~he
Tow~ shall pre~ent his criminal and civil dockets nc
the Tow~ Board fo~ e×amznanzon.
Very truly yours
Albert W. Richmond
Town Clerk
WiLLIAm W. E$$EKS
Marcia Z. HEfTER
TOOKER. TOOKER & ESSEKS
COUNSEl-ORS AT LAW
September 11,
1974
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 South01d at Hobart Road, Southgld, 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~ag~ the S,lmnlons 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.~
b6t 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
PROPEI:~TY
February 16, 1983
Mr. Paul Stoutenburgh, President
Sou.thold Board of Town Trustees
Southold, New Tork llg?l
Deer Mr. Stoutenburgh:
This Assoei~tion owns the besdh property et the end of East
Road, Fleet~s Neck, ~utchogue, N.Y. This property is bounded on
the south by Peconic Bay and on the north and east by Eugenets
Creek°
Spoil from recant dredging was placed along the east shore
of Eugene's Creek although we requeste~ from the various offices
having jurisdiction, that some of the spoil be distributed on
the ~est 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~ Creek, Wickhem 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 ares.
Sincerely yours,
Williara F. Heneghan, MoDo, President
FLEET~S NECK PROPERT~ O-~NERS ASSOCIATION,
IN0o
WFH :RWV :EV
Board of Trustees November ~9~973
If it is your w~ish, I and any of our adjacent property
owners would be~avai!a~le~tc meet with your Board or its
representative at anytime, Should you wish to diScuss this
matter more fully.
WAK:fd
cc: Supervisor
William W.
WiLliam A. Kenne~/
Fleetwood Road
(Acting as representative for
Area Property Owners -Names on request)
Albert Martocchia
Esseks, Esq.
Board of Trustees Noveraberl~ 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
th~ Town police respond to check this~area. Thismay well be
according to depar, tmental 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
extended its
it possible,
the beach°
begin.
area. But once the fill-in was done, the Town
roadway to meet this filled-in land and thus made
convenient and inviting for cars to drive out on
Then, and only then did the ruination of the area
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~eSto) 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 b~ financially responsible. For your informa-
tion, there have been cars ~hat have rolled off this roadway,
but apparently there ~i~ been sufficient damage to cause a
suit to be brought ~ga~' 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 w~e leave
to our legal repres~ntat~ives.
-2-
Board of Trustees November l~, 1973
Meanwhile, we believe (1) that the TQwn 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 leg&~ action we will take,
and whatever may ensue, we feel that ~he 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 mesidents 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
5a~e 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-
KENNEDY ASSOCIATES
Public Relations Counsel
i~ovember 19, 1973
Board of Trustees
Southold Township
Southold, New York
Gent lemen:
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 objeoted 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 tn 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-
Lo"ag Island's Original Public .~ela$ions Fi~'m
CLYDE TooKeR
TOE eRt L. TOOKEr
W[LL~-AM W. ESSEKS
MARCia Z. HEFtER
TooKer. TOOKEr & ESSEkS
COUNSELORS at LAW
108 EAST MAIN STREET
RIVeRhEAD. N.Y. I 901
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 ~eet~m~nhas been
scheduled for Monday, December 3, 1973 at 7:30 p.m. at
the Southold Town Hall, 16 South Street, Greenport, New
-York.
WWE/F
Very truly yours,
William W. Esseks
CLYDE TOoKEr
ROBERT L_TooKer
WILLIAM W. EsseKS
TOOKER, TOOKER & ESSEKS
COUNSELORS AT Law
RIVERHEAD. N. Y. 1lgO
November 7, 1973
Mr. Alvah Goldsmith
President
Trustees of the Town of Southold
c/o Goldsmith Boat Yard
Founders Landing
Se~thotd~ l~ew-Yorktl~Tt
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
TOOKEr TOOKEr & ESSEKS
COUNSELORS AT LAW
RIVERHEAD, N. Y. 1[90I
September 5, 1973
Mr. AlvahGoldsmith
President
Trustees of the Town of Southold
c/o Goldsmith Boat Yard
Founders Landing
Southold, New York 11971
Dear Sir:
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 ~ndersigned, so that
this may be more fully discussed.
Very truly yours,
William W. Esseks
WWE/F
LIBER 5057 PAGE 413
THIS INDENTURE,
Made this Fifth ~ay of December in the year of our Lor~ one thousand
eight hundred and ~ighty 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 hears 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 ~eadow
an the ~reek 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 ~y Franklin of Overton as as Committee
etc of Benjamin Lewis Penny by d~ed dated January First 1884, and
recorded in Suffolk County Clerk's Office an Liber 279 of Deeds, at
Page 118, January 19th 1884, at 9 o'clock A.M.
ROBER? W. TASKER
TELEPHONE
(516) 477-1400
425 MAIN ST.
GREENPORT, L.L, NEW YORK 11944
October 24, 1980
Southold Town Board of Trustees
Southold Tow~ Hail
Main Road
Southold. New York 11971
Re: Boundary Line Agreement with-- '-
Dear Sirs
A new Boundary Line Agreement between the Trustees and Fleet's
Neck Property Owners Association, Inc. has been prepared and
executed by the Fleet's 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
15~een executed, it should be sent to Mr. Angel at 10S East 1V~ain 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 truly,~
ROBERT W, TASKER
RWT: aa
encs-
Countv of Suffolk' and State. of ~Blew York fm
of Southold. in said county, a strip o£'lxud across
STATE OF NEW YORK
COUNTY OF SUFFOLK
: SUPP,~IE COURT
FLEET_' S NE~K PROPERTY OWNERS
ASSOCL~TION, lNG.,
Plaintiff,
-aga~st- .~
BOARD OF TRUSTEES OF THE TOWN OF
SOUTHOLD and LEANDER CLOVER, JR.,
Defendants
TO THE ABOVg NAMED DEFENDANTS:
SU~NS
Index No.
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 Sumalons, to serve a Notice of Appearance
~ on the plaintiff's attorneys within twenty days after the service
~ of this Summons, exclusive of the day of service, where sez~ice
is made by delivery upon you personally within the state, or
~ within thirty days after completion of service where service is
~made in shy other manner. In case of your failure to appear or
o
~ answer, Judgment will be taken against you by default for the
~ relief dem~-nded-in the Complaint.
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 wtthim
said Suffolk County.
Dated:
Riverhead~ New York
July 3, 1974
TOOk~R, TOOKER & EaSY, KS
Attorneys for the Plaintiff
Office & P. O. Address
108 East ~a~n Street
F. O. Box 268
Riverhead, New York 11901
STATE OF NEW YORK
couNTY OF SU1;'FOL~ : ~ :L~ SUPR~ COURT '-
OF
Def~ts
of d~ta~ ~ ~ship ~ ri~ts of ~e r~tf~. ~ttes
par~raph "3" of ~hts C~p~.
2. ~ pla~:~f ~z a '~;ot-For-Profl~r~t~on"
fo~rly a ~tp co~n, wt=h offices a~ P~ ~d
~ S~ Cross Road a~ C~c~g~, ~ ~e T~ of
~ of ~folk, S~e of N~ Y~k.
3. ~t ~e p~tff ts the ~r~ fee of
~op~ a~ Flee~'s Neck ~ ~e ~et of Cu~c~, ~ of
curtly ~d~ ~ ~r~b~ ~ foils:
~ly pauly ~ ~s~ ~d ~ ~ly
of ~e firs~ pa==, folly of
itch ~ ~ a p~f here~ acq~ by d~
J~e 5, 1970 ~ H~ L. Fl~t ~d Clar~ce C. Fle~:, ~ich
de~ ~a~ :~ord~ ~ the Offic~ of ~e Cl~k of ~h~ C~ of
S~folk on ~he 8Ch day of July, 1970 tn d~ 1~ 6769 at ~e
r~ord~ ~ ~ $~folk ~ty Cl~k's 0ff~ce
Oc~ 8, 1~1 ~ Lt~ 5057, ~t ~Ee 413,
Feb~ i9, !950, ~evi~ ~n ~d,
Will Li~ I61, aC p~e t~, ~ ~e S~folk
c) d~ dat~ ~ 4, 1953 f~
F~ieC C. ~e to Le~de~ B. ~1~
~o~ ~ the S~folk ~ty Cl~rk's Off~e
1
a) ~e~ ~a~ J~ ~S, ~9 f~
July 2, I~9~ L~ 6578,.at ~ge 147.~ .
Leslie al!~!y tra~fe~ to Cb~cey E. Glov~
Clerk's Office ~ ~ liar 5057 at ~e ~I3 is
-2-
or o~ ~C~i ~n ~he p~ses d~crib~ ~ ~r~ra~
~Cer~l ~ ~h ~ ~e ~r~y of ~e p~t~f as
12. ~ ~ ~ d~r~ ~ ~ra~aph "11"~ ~e
defend~ ~ G~R ~. ~ ~erfe~ with the r~ts of
-3-
1~,o That. there are no persons not ~n betr~ or
ascertained ~t the commencement of ~hts action
cont~genc~ conta~d;~ ~ a devise or o~he~l~e couI~ afterward
%ee~ en~it!~ to a b~eflc~l estate or ~nter~st ~ the
~p~y ~voI~ ~ ~is action, ~ any : r~er~
c~c~t of ~his acgi~.
!5.. ~at ~ ~rs~aI cla~ is ~de agains~ ~y
defender ~ this act~, ~eP~g a def~da~=
a c!a~ a~er~ to the cla~ Of ~is pla~ttff,
16~ ~e ~A~ ~ TRUSTEES OF ~E T~{ OF
is jo~ed for the p~se of ~S~g before the Co~t all the
~rties ~terest~ ~ ~is a~n ~ in t~t hereZofore~ ~on
~fo~t~n ~ belief, ~td ~S~ES ~ve ref~
rel~n~ ~ es~blish its ~shlp ~f the p~per~
the s~bjeet of tht~ action.
%U~EP.F=vORE, the plaintiff demands judgment as
follows:
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 im paragraph "5" hereof;
b) that.it be adjudged that .the defe~ant :BOARD OF
TRUSTEES OF %~E TOWN OF SOUTHOLD is vested with an absolute.
an~ unencumbered title in fee simple to the proper~ty 4e~cribed
in paragraph "5~' hereof;
~) that it he adju4ged that the plaintiff shall
have free a~d unencumbered access to and from the north side of
its propert~ to the waters of Eugene's Creek without interference
by the defendant LEANDEP. GLOVE~ JR. oT his successors or
assl~as;
d) thet the defendant I~A~DER GLOVEI{ J~. he eri-
joined from interfering with the righk of the plaLnt!ff to pass
- 4
Cr~k;
a) that p!ai~tiff b~ve such or.her and further relief
as to the Court ~y seem just and proper in the praises.
Riverhead, New York
July 11, 1974
TOOKER, TOOKER & ESSEKS, ESQS.
Attorneys for the Plaimtiff
Office and P, O. Address
108 East Main Street
Riverhead, New York 11901
-,.516 727-3277
-5
t
STATE OF NEW YORK
CO~ OF SUFFOLK
SS:
JOM!q MINERVA, being duly sworn, deposes and says
that he is the President of FLEET'S NECK PROPERTY OWNERS
ASSOCL~TION, INC., the corporation named in the wighin entigled'
action; that ha h~s read the foregoing C~mplatnt 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 ~o those matters ha believes it
to be true.
Deponent further says that the reason this veri-
fication iS made by :deponent amd not by FLEET' S
OWNERS ASSOCIATI0i~ INC., is because the said FLEET'S
PKOPERTY OWneRS ASSOCIATION, iNC. is a corporation, and the
grounds of deponent's belief as to all matters in the said
Complaint not stated upon his own knowledge are investigations
which deponent has caused to be made concerning the subject
m~tter of this Complaint, and information acquired by d~ponent
in the course of his duties as an officer of said FLEET'S NECK
PROPERI~f O~/~ER£ ASSOCIATION, INC. and from the bookstand papers
of said corporation.
,,
~ohn Minerva
Sworn to before me this
%~v~ day of July, 1974.
~o ry Public
WILLIAm{ W; ESSEKS
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
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
On the West by "East Road" and property now of
Fleet's Neck Property Owners' Association,
all as shown upon a survey made by Van Tuyl & Son, dated
April 22, 1970.
SCHEDULE '~"
THIS AGRE~fENT, made this
1980
between the TOWN OF SOUTHOLD, wz_h 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 Tru§tees of the Town of Southold at a meeting held pursuant
to notice duly given to all members thereof, on the ~day of
~'~~~, 1980 (SOUTHOLD) and FLEET'S NECK PROPERTY OWNERS
ASSOCIATION, INC. (ASSOCIATION) a New York not-for-profit corpora-
tion with offices at Cutchogue , New York.
W I TNE S SETH:
WHEREAS, Southold is the Owner of certain lands under water
located at Eugene's Creek, alao 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,
d '
page 402, an by vzrtue of Chspter 615 of the Laws ~f the State
of New York of 1893; and
WHEREAS, Association is the owner of a
as Fleet's Neck, Cutchogue, Town of Southold,
spit of land known
Suffolk County, New
York, which propergy 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 ~redge spoil as a result of the
dredging by the CouJty 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;
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 herebM 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 ms s
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 loceted 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 laud now or formerly of the Fleet's Neck
Property Owners Association, Inc., and from said point
or place of beginning, running the follo~ing 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.
(5l. North 62° 14' east a distance of 144.21 feet, to the
oreinary high water mark of Eu~ene!s Creek.
Ail as shown on a survey for tSe 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 Assdciation, 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 ANDAGREED 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.
/H~nr~. Smleh _
Halsey Af Staples
Board of Trustees, Town
of Southold
STATE OF NEW YORX)
) SS.:
COUNTY OF SIJFFOLK)
Fleet' s Neck P~noper~tyf~wners
AssociatiOn, ~'.ncD.._//' . -/~
On the ~ day of '~f-~'~/~', 1980, before me
personally came ANNA T. HATAIER, residing at 1400 Beebe Drive,
Cutchogue., New York; FRANK'A. KUJAWSKI, JR., residing ,aC (no
number) Marratooka Read, 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; andPAUL 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 Sou~hold~
and that each one signed his or her name thereto as a Trustee
and by like order.
Notary Public
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
On this ~ ~y of /~z~ , 1980, before me,
the subscr~er, personally came WILL~N N%COL 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 ASSOC~T!ON, INC.
the corporation descried 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 d~ectors of
said corporation and that he signed his name thereto by like
order.
// ,
THIS AGREEb~['~T, ma0e this ~ ?~/~day of [7
' e
l betw en the TO~{ OF SOUTHOLD, wi~% office at 53095 Main Road,
il $outhold, To~n of $outhold~ Suffolk County, New York, by a
~majority ofaits duly elected Trustees, and in pursuance of
i} C/~apter 615 of the Laws of New York, passed in 1893, and in pur-
isu~-%ce of a written resolution adopted by a majority of t~he Board
of Trustees of the Town of Southotd at ~ meeting held pursuant to
~1 notice duly ~iven to all me~e s ~ereof, on ~e ~ day
of
~he f~rst part, ~d LE~DER B.~?G~R,.
~[ ~R., residing at S0~ Cox ~ ' '
Lane, Cu~chogue, ~o*~ of ~outnold., Suzfo~
}~ Cowry, Nm* York, party of ~e second part.
WITNES SETH:
~ER~AS~ tl%e party of the first part is ~he ownmr of certain
lands under water located at Eugene's Creek, also known as East
il Creek, near Fteet's Neck, Cutchogue, Town of Southold, Suffolk
County, New York~ by virtue of a Patent from Sir Edmund Andros
~idated October 31. 1676, recorded in the office of the Secretary of
State, Book 4 of Patents, page 402, and by virtue of Chapter 615
!iof the Laws of the State of New York of t893~ and
WHEREAS, the party of the second part is the o%ener of an
island near Fleet's Neck, Cutchogue, T~,n of Southold, Suffolk
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 Bo Glover, Sr. to Leander B. Glover, Jr.,
which deed was recorded in the Office of the Clerk of the County
of Suffolk on July 2, 1969 in Liber 6578, page 147, and a~deed
dated the 31st day of October, 1974 from The Trustees of the
Proprietors of ~e Co~lmon and Undivided Lands of ~%e Town of
i~Southoid, which deed was recorded in t/~e Office.-of the Clerk of
the County of Suffolk on November 1E, 1974 in Liber 7751, page
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~
O~ers Association, Inc., Plaintiff, against Board of Trustees of
the Town of Southold, Leander Glover, Jr., Henry L. Fleet and
Evelyn Sample Fleet and Charles Sample Fleet, as Executors of
Estate of Ctarenee C. Fleet, deceased~ Defendam-ts~, Index }~o~
74-8365, dated March 6~ 1978 and entered in tlue office of t~he
Clerk of the County of Suffolk on March 8, 1978; and
WHEREAS~ portions of ti~e lands owned by t~he party
of
the
first part and the island owned by t.he par=y of the second part
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~ ~n' 1~66~, and as a result tl~ereof the boundary line
between the landsof the party of the first part and the party of
the second part became obscured; and
~EREAS, the parties desire to fix and definitel~ establish
the boundary line between their respective lands;
NOW, THE~FOR~ in consideration of the premises ~d of ~e
sum of ONE DOLLAR ($1.00) by each of ~he pa~ties hereto to
other in hand paid, the receipt whereof is hereby acknowledged,
the said parties hereto for themselves, ~heir heirs, executors~
administrators, successors and assigns~ covenant and agree that
said boundaz~ line be and t~e sa~e hereby is established as a
line
described as follows:
North 8~° 58' 20" East 8~ feet
BEGII~ING at a point which is
from a monument marking the easterly end of the north-
erly line of East Road, a pif01ic highway of the
of Southold, said monument being 274~08 feet easterly
from the corner formed by the intersection of the
easterly side of Fleetwood RoaG ~ith the northerly
side of East Road; ~rom said point of beginning,
running the following four courses and distances:
(1) South 30° 49' 20" East 55.45 feet;(2) South 55°
00' East 52.94 feet~ (3) South 78~043 East
feet; (4) Nor~a 62e 14' East 103.0 feet to a point~
-2-
Ail as shown on a survey for the Town of Southold
by Roderick Van Tuyi, P.C., dated March 19, 1980,
which is attac/~ed hereto and made a part hereof
as Exhibit Ac
the said party of the first part hereby remises, releases
Mud quitclaims unto the party of the second part~ his heirs and
assigns forever, its right~ title and interest to any land lying
to ~he north and northeast of ~he said boundary line so established
and the said party of ~he second part hereby remises, releases and
quitclaims unto the party of the first part, its successors
assigns forever, his right, title and interest to ~ny l~d lying
to the south and southwest of .the said boundary _xne so estab!ish~d
IT iS MUTUALLY COVEN~{TED A/~D AGP~ED by and between the part3~
~o these presents that this agreement shall run with t~he land
!ibe binding upon and? inure
exe cut(;rs ~ .~a~l~s ~r~tors,
)artier, ~hereto. ~ ~,.
to the benefit of the respective heirs,
successors and assigns of each of the
IN WITNESS ~*H~EREOF, the parties have hereunto set t~heir hands
and seals the day and year first above written.
Paul s toutenburgh
~Leander B. Glover,
STATE OF NEW YOP~:
] COUNTY OF SUFFOLK~
!!~ On the day of ~ , 19~0~ before me personally
came D~NA To HATAI~ residing at 1400 Beebe Drive, Cutchogue, New
-3-
York~.2P~ANl, ~ KUJAWSKI, JR. residing at (no $) Marratooka ROad,
~ Mattituck, New York; HENRY P. SMITH, residing at (no S) Hobart
Road, Southoid, New York; HALSEY A. STAPLES, residing at (no $)
"Middletown Road, Greenport, New York~ and PAUL STOUTENBURGH=
~residing ~a~ (no $) Sku~nk Lane~ Cutchogue, Ne%= York; all personally
.known to me who, being by me duly sworn, severally said ~at ea~
reside in t~e Town of Southotd~ Cou/%ty of Suffolk and State of
New York, and are members of ~he Board of Trustees of the Town
of Southold ano constitute a majQrity of same~ that they know.., the ~
corporate seal of ~e said Town of Southold; that the seal affixed
to ~he foregoing instr=~ent is such corporate seal~ ~at it w~
!!thereunto affixed by order of the Board of Trustees of said Town
[iof Southold, and that ~ach one signed his or her name thereto as
a Trustee and by like order.
· .U~I~ TO~A~
T~ot ary Public
/, 19~0, before me personally
LE~{DER B. GLOVER~ JR., tO me known to be the individual
i~des cribed in
'~ acknowledged
and who executed the foregoing instrument, and
that he executed the same.
1.i
/~Z O E~ D
b,'~ rrecord ~
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
z/H~hr~. Smith
Paul Stoutenburgh
Board of Trustees, Town of Southold
Fleet' s N~ck P~Rer~y~wners
AS socia-tion,
ST.~-TE OF NEW YORi<)
COUNTY OF SUFFOLK)
) SS.:
On the day of //~?z'~z~, 1980, before me
personally came ANNA T. HATAIER, residing at 1400 Beebe Drive,
Cutcho~ue, New York; FRAM( A. KUJAWSKI, JR., residing .at (no
number) Marratooka Road, Mattitnck, 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 Southotd 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.
Notary Publzc
STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
SS.:
On this ~ day of .~D&Y~7~ , 1980, before me,
the subscr~er, 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 descried 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.
/1 t
N N
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