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HomeMy WebLinkAboutFLEETS NECK PROP ASSOC&GLOVER BOAR � + STEES Telephone 516-765-1938 Sonthol . 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 BOARD STEES Telephone 516-765-1938 Southo . 11971` July 28, 1980 Robert Tasker, Esq. Main Street Greenport, New York 11944 I 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 106 EAST MAIN STREET P. O. BOX 279 TELEPHONE ROBERM L.TOOrcER WILD AM W. Essercs RIVERHEA D, N.Y. 119 OI (516)727-3277 MARCIA Z.HEFTER CHARLEs R.CUODY August 5, 1980 STEPHEN R.ANGEL 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 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, S ep en R. Angel SRA/es xe: Robert W Tasker, Esq. Fleet' s Neck Property Owners Association 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. G/2�/2�Z2%� �✓J Robert W. Vander eck, President RWV/ev CC: Stephen R. Angel, Counselor at Law FLEET'S' NECK PROPERTY OWNERS ASSOCIATION, INC. P. O. BOX 554 CUTCHOGUE, N. Y. 11935 ` July 3, 1980 Mr. William R. Pell, Supervisor t 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 north side, provided by the Town Trustees. All the members of the Fleet's Neck Property Owners Association, Inc. ' x 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 14ECK PROPERTY OWNERS ASSOCIATION, INC. Robert 1$. Vanderbeck, President RWV/ev CC: Mr. Raymond Dean, Superintendent of Highways 'trs, Anna Fiataier, .President, Board of Trustees, Town of Southold ❑FF' Y LERK Two ALBERT W. RICHMOND ".�„ yy{{ti, rH�EaHGr.e TOWN CLERK vµ. g />�1 t�„i ,N 765-3783 REGISTRAR OF VITAL STATISTICS �?y ^' i34 /�W✓`FF� 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 an_y moneys of the Town, shall account with the Town Board for all such moneys received and disbursed, and shall produce all books , records , receipts , orders, warrants , vouchers and cancelled checks respecting same. He shall also, at the time of sub,7itting 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 pregent his criminal and civil dockets to the Town Board for examination. Very truly yours ; Albert W. Richmond Town C-lerk r' d 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 S-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 rea&'- ,Lnr6 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. , btt 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 5®CIATION , INC. P. CUTC1 OOUE , .Y., 1193 *4 February lb, 1983 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, Fleetts Neck, Outehogue, N.Y. This property is bounded on the south by Peconic Bay and on the north and east by Eugeners Creek. Spoil from recant 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 bepumped to our area. We also wish to point out that beach sand is greatly needed at the and of Pequash Avenue on. Peconic Bay. Although the beach is small, it is used by many people in this area, Sincerely yours, William F. Beneghan, M.D., President FLEETIS NECK PROPERTY OWNERS ASSOCIATION, INC. 1AFH:RWV:EV T Board of Trustees November Ty1973 If it is your wish I and any of our adjacent property owners would be 'available to^meet with your Board or its representative at any time, should you wish to discuss this matter more fully. Very, ruly you Wi iam A. Kenne 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 cheek 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 tows 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 befinancially responsible. For your informa- tion, there have been cars >that have rolled off this roadway, but apparently there_ has,�.,'�p4lbeen 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 l9, ' 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 'rave 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 178 SUNRISE HIGHWAY, ROCKVILLE CENTRE, NEW YORK WILLIAM A. KEN'N.EDY, MANAGING DIRECTOR ROCKVILLE CENTRE 5-0920 Novemberlg, 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- Lang Island's Original Public Relations Firm o 67 wcx., -- qf &y --Yy� e-�.�� �- .,.mac.�' .��-,� � �- �— dam- - �,�„�..;.� ,� �- 9�. -� . �..� TOOKER, TOOKER & ESSEKS COUNSELORS AT LAW tOS EAST MAIN STREET CL%DE TOOKER P.O. Box Z68 ROBERT L.TOOKER RIVERHEAD, N. Y. 11901 WILLIAM W. ESSEKS 516 PARK 7-3277 - MAROIA 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 ineetlingnbas 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 RIVERHEAo, N. Y. 11901 WILLIAM W. ESSEKS 516 PARK 7-3277 MARCIA Z. HEFTER CHARLES R. CUOOY November 7, 1973 Mr. Alvah Goldsmith President Trustees of the Town of Southold c/o Goldsmith Boat Yard Founders Landing - Southold, ° York 119.71 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 attorneyfurther. Very truly yours, William W. Esseks WWE/F TOOKER, TOOKER & ESSEKS COUNSELORS AT LAW 108 EAST MAIN STREET CLYDE TOOKER 0696-1971) P.O.BOX 266 R06ERT L.TOOKER RIVERHEAD, N. Y. 11901 WILLIAM-W. ESSEKS 516 PARK 7-3277 MARCIA Z. HEFTER CHARLES R.CUDDY ANTHONY S.TOHILL September .S, 1973 Mr. Alvah Goldsmith President Trustees of the Town of Southold c/o Goldsmith Boat Yard Founders Landing Southold', New York 11971 a 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 undersigned, so that this may be more fully discussed. Very truly yours , WWE/F William W. Esseks d130,P aka ki (pq��, � f 1 & t d e P g ��✓v,ra � � v. :� S�4w,ei <�nw....o �.s rH � a k '. �F, pia ell ell m� r a , �'s!' MY?, y M. .� f�<� ' n• r $ u` d � ,�t ��.{akin � yt t m [P yw P£ a 31, mg ?y TI LIBER 5057 PAGE 413 THIS INDENTURE, Made this Fifth day of December in the year of our Lora 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 THAP 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 Creek near Fleet ' s Neck atCutchogue, in said town, containing about three fourths of an acre, being part of the premises conveyed to said party of the first part '13y 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 118, January 19th 1884, at 9 o 'clock A.M. i i i i i ; i i I {h r, mw j ✓7 L!� 1 w w A w G tyyCIS✓ Lt ,lQ n, oil Tow at 12 p v ' r � J 1�C LtJ7/4411 r OFFIC ORNEY—,3 r r ROBERT NV.TASKER T# D O TELEPHONE Town.Attomey (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 Re: Boundary Line Agreement with Fleet's Neck' Property Owners Assoc,, Inc. 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 been executed, it should be 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 truly, ROBERT W. TASKER RWT:aa encs. i - - - -- r 3 i - ;i -- r� T *� ! IT yr'w•�x " u� — ------'L Of Y in the Town of county of Suffolk and S*ate;of 'New +York, for IT t� ��, value received hereby dedicate to the Town of Southold, in said county, a�str.p_of Amid across a my premises in said town for the purposes .'of a highway which hL.,nwac leas been SL+ veyed' o ' and is described as follows IT 17 L 12 F a F UZ S. li r- 1 + 4 � M IT; 4 > Y M • ��� Q .. 3,.,A k 4 T;_r 1qw .� h'z••Lr' ter t 3 '—`� ,^"�— :1' "'�'� /92 'w i J� 1 I 4 r 1 t` M < Y 1 1 A k I I e 1 L s r P _-: t i I STATE OF NEW YORK COUNTY OF. SUFFOLK SUPREME COURT } FLEEI I S NECK PROPERTY 0 WNERS ( ASSOCIATION, INC. , � SUMMONS Plaintiff, -against- Index No. tea:: BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD and LEANDER GLOVER, JR. , Defendants. kc- .kr,� TO THE ABOVE NAM 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 Kgpearance w oa the plaintiff's attorneys within twenty days after the service yof this Summons, exclusive of the day of service, where service is made .by delivery upon you personally within the state, or within thirty days after completion of service where service is made in any other manner. 2n case of your failure to appear or answer, judgment will be taken against you by default for the K o relief demanded 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 within 1 said Suffolk County. I P Dated: Riverhead, New York July 3, 1974 j TOOKER, TOOKER & ESSERS 1 Attorneys for the Plaintiff Office & P. 0. Address 108 East Alain Street P . 0. sox 268 Riverhead, New York 11901 IL i I I� Ii i P 1 ----- STATE OF NEW YORK COUNTY OF SUFFOLK SUPS COURT F_ V FLEET$S 'lid PROPERTY MINERS ASSOCT§TTON, INC. Plaintiff against_• 2%ZI INT BOARD OF TRUSTEES OF THE .TOWN OF INDEX NO. SOUTHOLD and LEANDER GLOVER JR.,, Defendants 1 Plaintiff, complaining of the defendants, its attora,eys _ , MQIKZR 4 ESSE3 , ;respeetfully states. to this. Court as follows. 1. This is an action: brought pursuant to Article 15 a of the Real Property fictions and Proceedings Law for the purpose W w of determining the ownership and rights of the respective,parties hereto in and to certain property hereinafter described In paragraph "T' of this Complaint. 2. The plaintiff is a "lot-For-Profit-Corporation"t formerly a membership corporation,with offices at Pine Mood Road y� n ; x and Southern Cross Road at Cutchogue, in the Town of Southold, 1 1 County of Suffolk, State of New York. 3. That the plaintiff is the ownerin fee of Carta property at Fleet's Neck in the Hamlet of Cutchogue, Tom of SoLthald, County of Suffolk, and State of New 'York, more parti- cularly bounded and described as follows Northerly partly by -East Road and partly > ,the waters 09,,Zugme Creed imzo Easterly`by Eugene Great; {x. Southerly by Little Peconic Bay; and Westerly by other land of the parties of the first. part, formerly of Norma H. Fleet Eeatti.e, which said Property :the plaintiff herein acquired by deed dated Jane 5, 1970 from Henry L. Fleet and Clarence C. Fleet, which "'' deed was recorded in the Office of the Clerk of the County of t ,fir Suffolk on the 8tls day of July, 1970 in deed liter 6769 at page .5. { RT 491, end" this plaintiff has" been in occupancyi and.possession A.. of saw property y since at least the date of recording of mid 201 deed. µ.' f 4. That the defendant BOARD OF TRUSTEES OF THE TMN ,OF SOUMOLD is a municipal corporation organized1 egstia$ pursut tea chapter b15a Lam of 1893." S. Upon information and belief, the defende t LFANDER 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; pl iaatiff's:_pr€aperty is descrihed, In pa agra rabove, 6. Upon information and belief, said defendant . r LEANDIM CLOD; e.'s title was acquired as follows: e) deed dated Dec 5, 1884 from :w Robert Leslie and Sara X* Leslie to Mauncey E.,Glover recorded in the Suffolk County Glezl£'s Office on October 8, 1961InLiyber 50557,, sqt .p�age�413�;g� �} ` q� b Chauncey E. Glover,,. who der :�v 4 testate on m February 19, 1950, devisees certain land, which purr portedly is the land which to the subject of this a action, to his daughter Harriet C. Luce' and his son Leander S. Clover, which said will is shown in 8 ill Liber 161, arxafe l , aa the Suffolk Gusty Surrogate's Court; c) deed dated ttvemeber 4, 1953 from Harriet C. Luce to Leander S. cleaver Sr. recorded In the Suffolk County Clarks Office on ( Movember 9, 1913 in Liber 3609, at page 133; !� d) deeddated June 28, 1969 from Leander S. Clover Sr. to Leander B. Glover Jr. recorded In the Suffoslk Gouty Clerk's Office on ,lull€ 2, 1969 .-In. Liber,6578, at ;Page 147. 7. That the interest that Robert Leslie and Sara X. Leslie allegedly transferrer' to Ghsa cey E. Glover by dead dated December 5, I.t 4, vibich deers was recorded in the Suffolk County f Clerk's Office in deed liber 5057 at page 413 is stated to be r - �r E "an ,island of meadow in the creep. near Pleat's beck at Cutchogue& In said Town, containing about 14 of an acre, being = past of the proms conveyed to said party of the first by Franklin H. Overtan as committee of BeI his Pay by do,eddated 3 l,` lam, and reco in the Suffolk #sty Ctk's Office in,. ber`279 of: deeds at tie 114 ',l a" any l9, 1 at 9 o'clock a. ma4". S. That- the "isles of meadow in the creels near Fleet's Neck at Cutehogue. in id Two referred in ..:. the deed from ftbert Lealie and bra M. Lestle, recorded in the Suffolk County Cloy 's Office fo Lib 5057 at page 413 does not t... relate to deal .vith and ;Is-,nots-the'property claimed `by-the de- , r fendart kMER R :. but is a different and unrelated z interest in land. d p 9, Upon information and belief, the property a described in Schedule "A" anneamia bereto and refexred to in paragraph "5" herein and which is claimed by defendant t.SAMER W W GLOM �JR. ,g ed by the defendant BOARD 4F -TRUSUES OF THE F x 10. That the defendant UU ER GLOVER J-RR has i Merest into w- asession of the premises described iu paragraph '`151f herein. 11. `.L"hart the defexs"at D ER GLOVER JR. has him- self or has caused others to place spoil and/or sand and dirt or other material upon the premises described in paragraph "5`° herein and has further coed some of this spoil, and other terial to encroach upon the prop erty' of the plaintiff as described In paragraph 3, Hereof. 12. By the acts describes in paragraph "ll"s the v" defendant LEMERAVER JR. has interfered with the plaintiff's riparian rights in and to Eugene's creek. 13. By the acts described 'in paragraph "11",� the defendant LI GLOVER JR. has interfered with the ruts of the plaintiff to ingress to and egress from the waters of Eugene`� Creek. ♦ 3 ,. p ii ,i 14. That there are no, persons not in being Or II ascertained at the c€rmaaenceaent Of this action who by any contingency contained in a devise or. otherwise could afterward became entitled to a. Beneficial estate or interest in the - t perty involved Ln this action, and any judgment rendered herein adjudging plaintiff to be vested with an ab�iolutc and unenc=.Wbered title in fee simple: will not and map\ t affect any person not in being or net ascertained at the faam f the c cest of this action. 15. That no personal claim is made ataina any I defendant in this action, excepting a. defendant who shaliYassert x a claim adverseto the claim of this„plaintiff:, and any, claim " of defendant BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD. l61- The BOARD OF TRUSTEES OF THE TOWN OF SOUTHOLD � is joined for the purpose of bringing before the Court all the parties interested in this action and in that heretofore,, upon a information and belief, said TRUSTEES have refused or were a reluctant to establish its ownership of the property which is w the subject of. this action. w w g WHERMFORE, the plaintiff demands judgment as w"" F y follows: O 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" hereof; b) that it be adjudged that .the defendant BOARD OF TRUSTEES.OF TnE TOWNOF SOUTHOLD is vested with an absolute and unencumbered title in ,fee simple to .the property described , 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 witt•.out interference by the defendant. IFANDER GLOVER JR. or his successors or )I assigns; d) that the defendant MANDER GLOVIR JR. be era ' ,joined from interfering with the right of the plaintiff to pass tj�e �� - 4 — s €ram the north side of its property to the waters of Fugen4I Creel-, 4�=+ e} that plaintiff base such ether and further relief as to the court may seem just and proper in the premises. 'Y, n DATED: Riverhead, New York July 11, 1974 .<. TOOKER, TOOKER & ESSEKS, ESQS. Attorneys for the Plaintiff office and P. Q. Address l� East Main Street Riverhead, New York 11901 516":727-3277 z �.r w m w w O tl C w O O z w o 5 r STATE OF NEVI YORE ) COUNTY OF SUFFOLii` SS., JOHN MI.XM-VA, being duly sworn, deposes and says that he is the President of FLEET'S NECK PROPERTY OWNERS DISSOCIATION, 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 l.g information and belief, and as to those matters he believes it to be true. Deponent further says that the reason this- veri- fication is made by 'deponent and not by''PLEET`S Nam`=PROPERTY' OWNERS ASSOCIATION, INC. , is because the said FLEET'S WECK z PROPERT 016TERS ASSOCIATION, INC. 3s a corporation, and the grounds of deponent's belief as to all matters in the said w Complaint not stated upon his own kaowledge are investigations which deponent has caused to be made concerning the subject a-' w cy w matter of this Complaint, and information acquired by deponent ;> 8 in the course of his duties as an officer of said FLEET'S BECK F PP.�iPEs T3 CT�INERS ASSOCIATION, INC. and .from the books;and papers ^} y of said corporation. 'John Minerva Sworn to before me this t ` day of July, 1974, W rti w ti ^ Notary ,Public Via; , WILLIA"I W. ESSEISS NOTARY PUBLIC, State of Ne�r'York No. 52-1132575 / its ied hx SuMik Connie r� Gonvsnss,w: Erpires uLerch M 19 t I 1 - �I A PIECE OF LAND, formerly meadow, situate at �j 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 I On the West by "East Road" and property now of Fleet' s Neck Property Owners ' Association, Vall as shown upon a survey made by Van Tuyl & Son, dated x April 22 , 1970. u i o 0 3 SCHEDULE "A" t C THIS AGRER ENT, ,made this L day of �E' ! , 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 ..-day of 1930 (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 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 as East Creek, near Fleet' s Neck, Cutchogue,: Town of Southold, Suffolk County, New York, by virtue of a Patent from SirEdmund Andros dated October 31, 1676, recorded in the office ofthe 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 foIlows: 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; 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 850 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. (5 North 62' 14' east a distance of 144.21 feet, to the or�inary high water mark of Euggene' 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 dine 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 T. Hataier { �` J ,j } Frank Kujaia /Hear . Smith � e � Halsey A Staples Paul Stoutenburg Board of Trustees, Town of Southold Fleet' s Neck PSrop\erty''dwners Association, 1riC.7 �e By will1am Nicol STATE OF NEW YORK) ss'. COUNTY OF SUFFOLK) On the %tea day of w; 1980, before me personally came ANNA T. HATAIER, residing at 1400 Beebe Drive, Cutchnwe, 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, dreenport, 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. A4U�t��tp+.rn� may/ WAY rUBLIC,SW6 of New York x,, zaszzazisvzf�kcvar Notary Public tam Moo E*Ms*40 STATE OF NEW YORK) ) ss. COUNTY OF SUFFOLK) On this day of 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. ftbok ftft as now v "a.15248=12 GUAMied in gu#fo*C,,,Uvay Commission Expires march 30, 1q8 THIS AGREEPMN , mace this %f� day of ��t � � t 1980 , ;Ibetween the T00 OF SOUTHOLD, with office at 53095 Alain Road, I �iSouthold, Town of Sout:hold, .Suffolk County, New York, by a a = majority of�its duly elected Trustees , and in pursuance of �v i ' si Chapter 615 of the haws of New 'Rork, passed in 1893, and in pur- suance of a written .resolution adopted by a majority of the Board ii of 'Trustees of the Town of .Southold at a meeting held pursuant to notice duly Riven, to all members thereof, on the `U clay of .. ,1980 s party of the first part, and LEANDER B.,'GLOVERf. `s j, �R. , residing at 805 Cox Lane, Cutchogue, TOVm of Southold.. Suffolk . sa ,fCounty, New York, party of the second part. SY By I T N E S S E T H; a - � •J i a WHEREAS, the party of the first part is the owner of certain {hands under water located at Eugene's Creek, also known as mast iCreek, near Fleet's Neck, Cutchogue, Town of Southold, Suffolk County, New York, by virtue of a Patent from Sir Edmund Andros 'jdated October 31, 1676, recorded in the office of the Secretary afl� 11� State, Book 4 of Patents, page 402, and by virtue of Chapter 6615 4�' of the Laws of the State of New York of 1893; and st WHEREAS, the party of the second part is the owner of an Hisland near Fleet's Neck, Cutchogue, Town of Southold, Suffolk i1 JlCounty, New York, which property the, party of the second part €sacgaired as follows: Parcel V'III in a deed dated the 28th day of i (June, 1969 from Leander B. Glover, Sr. to Leander B. Glover, Jr. , f ,Iwhich 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 Is ;Proprietors of the Common and undivided Lands of the Town of :':Southold, which deed was recorded in the Officerof the Clerk of i E i the County of Suffolk on ,November 18 , 1974 in Liber 7751, page 398; and which title was confirmed by a Judgment made at Trial Tern, Part XIV of the Supreme court of the State of New York, 1� county of Suffolk, in an action entitled "Fleet's Neck Property '', Owners Association, Inc. , Plaintiff, against Board of Trustees of the Town of Southold, Leander Glover, Jr. , Henry L. Fleet and il Evelyn Sample Fleet and Charles Sample Fleet, as Executors of the I! Estate of Clarence C. Fleet, deceased, Defendants' , Index 1,o. l 74-8365, dated March 6, 1978 and entered in tae office of the Clerk of the County of Suffolk on March 8, 1978; and li WHEREAS, portions of the lands owned by the party of the first part and the island owned by the party of the second part � 2 were filled and covered by dredge spoil as a result of the g r !; dredging by the County of Suffolk of Eugene's Creek, also known y kas East Creek, in 1966 , and as a result thereof the boundary line 4 ± between the landsof the party of the first part and the party of the second part became obscured and 1 WHEREAS, the parties desire to fix and definitely establish . 1i the boundary line between their respective lands, NOW, Tiir EF032E in 'consideration of the premises and of the I 11sum of ONE DOLLAR (41.00) by each of the parties hereto to the21 g other in hand paid, the receipt whereof is hereby acknowledges, 3 ,tithe said parties hereto for themselves , their heirs, executors, 1 ( administrators, successors and assigns, covenant and agree that ; said boundary line be and the sane hereby is established as a I, dine described as follows North 85° 38' 20" East 85 feet s BEGINNING at a point which is j front a monument marking the easterly end of the north- p erly line of last Road, a public highway of the Town P of Southold, said monument being 274.08 feet easterly from. the corner formed by the intersection of the easterly side of Fleetwood Road with the northerly side of Bast Road; : from said point of beginning, s running the following four courses and distances: (1) South 309 491 ' 20'! East 55.45 feet; (2) South 55° 00' East 52.94 feet; (3) South 7810V Fast 72.57 { feet; (4) North 620 14 ' East 103.0 feet to a point. `s ' 4 -2- E All as shown on a survey for the Town of Southold t by Roderick Sian Tuyl, P.C. , dated March 19, 1980, which is attached hereto and made a part:hereof as Exhibit A. S AND, the said party of the first part hereby remises, releases and quitclaims unto the party of the second part, his heirs and assigns forever, its right, title and interest to any land lying i' to the north and northeast of the said boundary line so established.; ;I viand the said party of the second part hereby remises, releases anti 1,1quitclaims unto the party of the first part, its successors and 11assgns forever, his right, title and interest to any land lying k � to the south and southwest of .the said boundary line so established; iI IT I5 P:WUALL3' COVEENANTED AND AGPZED by and between the .part +Z y, Ito these presents that this agreement shall run with the land and 31be binding upon and inure to the benefit of the respective heirs , t fexecutgr$, :a ainistrators, successors and assigns of each of the :parties`rl dreto. j t IN WITNESS WHEREOF, the parties have hereunto set their hands rand seals the day and year :first above written. AW a T. Hataier j Fr ska Jr. !i s Se e Fm th a ., i i:$lsey A sty les S is - Paul Stoutenburgh i AeanfIs Glover, Jr./ d v STATES OF NEW YORK: ii ss. : COUNTY OF SUFFOLK; e On the day of I, 1980, before me personally 'i came A.NNA T. kIATAIER res_tding at, 1400, Beebe Drive,;: Cutchogue, New -3- s �a York.;. FRANK h, KUJAW-SZ;I, Jr. , residing at (no f) Marratooka Road, ,, Mattituck, New York, HENRY P. SMITH, residing at (no #) Hobart i , Road, Southold, New York; HALSEtY A. STAPLES, residing at (no �) Middletown Road, Greenport, New York; and PAUL STOUTENBURGH, residing at (no ) Skunk Lane, Cutchogue, New York; all personally; known to me ;iho, being by me duly sworn, severally said that each $. reside in the Town of Southold, County of Suffolk and State of Igmew York, and :are members of the Board of Trustees of the Town of Southold and constitute, a majority of same; that they know:.. he 4corporate seal of the said Town of Southold; that the seal affixed ' into the foregoing instrument is: such corporate seal; that it was ! thereunto affixed by order of the board of Trustees of said Town 'tof Southold, and that each one signed his or her name thereto as = a Trustee and by like order. N . ,45220�-�c�niy `•t/ 'Notary Pudic i x 'STATE OF NEW YOr-K: �I COLTTY OF SUFFOLK s On the r day of 1960 , before me personally scarce LEMDER B. GLOVER;. JR. , to me known to be the individual 81described in and who executed the foregoing instrument, and facknowiedged that he executed the samee. t 'a MURItt TOLMjh '—rotary PuZ)11c " ftAfty PUBur.sw a of N{n Tak fie.52.452202C-W-,Ik&IndY" b�Y Cw�nhq.f EXPIPM womb$0,�9. —4- a- t HI tM d: _ t f._.�.� � •�s o w ~, Es•d of• r°.c,c� O W as.n� r �roa tn •Ss` r { :1�0 L,: {'✓C's7'LS dE'S Cs.?,."l f�^i L['C 01 f 47Z.: ,hF 4r •, f ✓ "'a��n cu'rrP4c'r,'° `irt�rsdt+uf�" df'F �,r_•• JNt Y.?Y.fT To. )st rsuF1e f.sr^.s ri, LjBrF8951eacF4`5 u , �C n 0 y— S,z 7 ld .rfOx fie Aoarwn T !'f 1 lJOLA{0.$d OF p 4. NEW YCPY A' f A ttG`i EU:IxG — - saE.c'i OR � :. Y.irl ems..wersrn '�iH:.LI httry r .i UKA951PAGE496 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. )7A a T. Hataier 1 �"A Frank. Kuja J LrHenr Smith Halsey A Staples Paul' Stoutenburgh Board of Trustees, Town of Southold Fleet' s Neck pro ert.y!Owners Association; B G / h y William Nicol STATE OF NEW YORK) ) ss, COUNTY OF SUFFOLK) On the day of 1980, before me personally came ANNA T. HATAIER, residing atr1400 Beebe Drive, Cutchot�ue, New York"; FRANK A. KUJAWSKI, JR. , `resi.ding at (no number) Ma-rratooka 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 LIME 951,PAGP 497 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. MUtML ToLMAP NOTAId NgUC.Stat&cf New York; ft52.452292940N4k(:nfmtY ,� ✓ Notary Public Gpmr�ssikt E��ttest4ptth 3$.1$ STATE OF NEW YORK) ) ss. COUNTY OF` SUFFOLK) On this 44AK "day of N,0V/,1 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. dfl8i J*d in suffa C('84urgy Commission Expires Msrch 30, 198, i f N'S.3- .3» - k <fi s Yn i'F! A+q. t a h y. # `w ;FF! ✓ F 4' �.. _ K�a1s�" �y. 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