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HomeMy WebLinkAboutGLOVER, LEANDER B. JR.~Iay 7. 1980 tV/rs. Anna Hataier Chairman, Board of Trustees Town Hall Southold, New York 11971 Re: Boundary Line Agreement between Trustees and Leander B. Gover, Jr. Fleets Neck Dear Mrs° Hataier: I am handing you herewilh the proposed boundary line agreement in triplicate between the Trustees and Lenader B. Glover, Jr. which fixes the boundary line between Leander Glover's "island" and Eugene Creek. I have re~rlewed this agreement and it appears to be in order for the Trustees to adopt a resolution authorizing the agreement and the ex- ecution *~hereof. ! am also returning to you herewith a map showi~g the boundary lines, Yours very truly, ROBERT W. TASFZER RWT :MY Enclosures AGREEI~ENT, made this P~ day of ~ ~ 1980, ~ THIS 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 put~ '~ 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 ~ of~ ~980~ party of the first part, and LEANDER B. JR.~ residing at 805 Cox Lane, Cutchogue, Town of Sou%h~'ld County~ New York, party of the second part. W I T NE S S E TH: the party of the first part is the owner of certain lands under water located at Eugene's Creek, also known as East Creek, near Fleet's Neck~ Cutchogue~ Town of Southold, Suffolk .County, New York, by virtue of a Patent from Sir Edmund ~dros dated October 31, 1676, recorded in the office of the SeCretary of State, Book 4 of Patents~ page 402, and by virtue of Chapter 615 of the Laws of the State of New York of t893~ and W-HEREAS, the party of the second part is the owner of an island near Fteet's Neck, Cutchogue, Town 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 B. Glove~ 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 1'47, and a deed dated the 31st day of October, 1974 from The Trustees of the Proprietcrs of the Common and Undivide~ Lands of the Town of Southold, which deed was recorded in the Office of the Cterk of the county of Suffolk on November 18, 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, 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, Jrt, Henry L~ Fleet and Evelyn Sample Flee~ and Charles Sample Fleet, as Executors of the De~endants~, Index No. Estate of Clarence C. Fleet, deceased, 74-8365, dated March 6, 1978 and entered in the office of the Clerk of the County of Suffolk on March 8, 1978; and WHEREAS, portions of the lands owned by the party of the first part and the island owned by the party of the second part were filled and covered by dredge spoil as a result of the aredgln= by the County of Suffolk of Eugene's Creek, 'also known as East Creek, in 1966, and as a result ~lereof the boundary line between the lands of the party of the first part and ~he party of the second part became obscured; and WHEREAS, the parties desire to fix and definitely establish the boundary line between their respective lands; NOW, THER~FORE~ in consideration of the premises and of the sum of ONE DOLLAR ($1.00) by each of the parties hereto to the hand paid, the receipt whereof is hereby acknowledged, 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: North 85° 58' 20" East 85 feet BEGINNING at a point which is from a monument marking the easterly end of the north- erly line of East Road, a public highway of the Town 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 East Road; from 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° 04' East 72.57 feet; (4) North 62° 14' Eas5 103.0 feet to a point. ~2~ Ail as shown on a survey for the Town of Southold by Roderick Van Tuyl, P.C., dated March 19, 1R80, which is attached hereto and made a part kereof as Exhibit A. 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 to the north and northeast of the said boundary line so established !and the said party of the second part hereby remises, releases quitclaims unto the party of the first part, its successors and assigns forever, his right, title and interest to any land lying to 'the south and southwest of the said boundary line so es~ IT IS MUTUALLY COVENANTED AND AGREED by and between the to tkese presents that this agreement shall run with the land and ibe binding upon and inure to the benefit of the respective heir~, iexe~u~ors, administrators, successors and assigns of each of the parties hereto. IN WITNESS W~IEREOF, the parties have hereunto set their hands and seals the day and year first above written. STATE OF NEW YOP~K: COUNTY OF SUFFOLK~ Paul S toutenbu~qh' Leander B. Glover, Jr. J SS.: personally ~ // came ANNA T. HATAIER, residing at 1400 Beebe Drive., Cut'chog~ue~ New _ 29~--BTATUTOt%Y FOP~ DD, AIad~ ~ in duplicate the day ot · nineteen hundred and seventy-seven ~~ the TOWN *OF SOUTHOLD, organized under the laws of the State of New York, with office at {no ~) Main Road, Southold, County of Suffolk, State of New York, by a majority of its duly elected Trustees, and put7 suant to Chapter 615 of the Laws of New York, passed in 1893, and pur- Suant to 'the written resolution adopted by a majority of the Board of Trustees of said Town of Southold at a meeting held pursuant to notice ~D~E~$~a~FzK~W~~~ duly given to all members thereof on the day of , 1977~ party ofthe~rstpa~ and LEANDER B. GLOVER, JR., residing at S805 Cox Lane, Cutchogue, Town of Southold, Suffolk County~ New York, party o£ the second part, that the party o£ the ~rst part, in consideration ot ONE and 00/100 ($t Dohars, lawful money o£ the United States, paid by the party of the_ second part, does hereby rem]se, release and qu]tclM~ unto the par~l~ ol the second part, his heirs and assigns forever, ~[[ that certain plot, piece or parcel of land now or formerly below the high water mark of Eugene's Creek, situate, lying and being near Fleet's Neck, Cutchogue, Town of Southold, Suffolk County, New York, which land was formerly under water and surrounded a certain island of meadow owned by Leander B. Glover, Jr., and which meadow island and other lands were filled with dredge spoil by the County of Suffolk during the dredging of Eugene's Creek in and about 1966; more particularly described as follows: BEGINNING at a point on the southerly side of East Road, which point is North 85° 58' 20" East 65.92 feet distant from a monument located on the northeasterly corner of land now or formerly of the Estate of Henry L. Fleet; from said point of beginning the following six courses and distances along land now of Fleet's Neck Property Owner's Association, formerly of Henry & Clarence Fleet, which courses and distances are the average center line of land formerly under water which separated the former meadow island of Leander B. Glover, Jr. and land of Fleet's Neck Property Owner's Association: (1) South.23© 30' East 99.54 feet; (2) South 78© 47~ 50" East 81.30 feet; (3) North 79° 56' 30" East 81.30 feet; (4) North 73© 57' 10" East 105.48 feet; (5) North 57° 36~ 10" East 105.48 feet~ (6) North il© 31' West 25 feet to the southerl~ side of Eugene's Creek; theDce along the southerly side of Eugene's Creek in a northwesterly and westerly direction 400 feet to the northeasterly terminus of East Road; thence southerly along the easterly terminus of East Road 49.5 feet to a monument located at 'the southeasterly terminus of East Road; thence along the southerly side of East Road, South 85© 58' 20' West 11.53 feet to the point or place of BEGIN%~ING.