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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 N ri r~