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HomeMy WebLinkAboutCondemnation- Fishers Island - Notice of Settlement J UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK , - - - - - - - - - - - - - - -x UNITED STATES OF AMERICA, Petitioner-Plaintiff, CONDEMNATION ION PRO- - versus - CEEDING NO. 13 94.42 acres of land, more or less, at Fishers Island, Town of Southold, County NOTICE OF ENTRY of Suffolk, State of New York, and and Fishers Island Estates, Inc., Clarence F. NOTICE TO DELIVER Bennet, C. P. Franchot, C. W. Vanderpool, POSSESSION Francis W. Cole; Charlea . Littlefield, Town of Southold, County of Suffolk, Poeple of the State of New York, Defendants. - - - - - - - - - - - - - - - - - - -x SIRS : PLEASE TAKE NOTICE that an Order, of which the within is a true copy, has been duly entered and filed with the Clerk of the United .States District Court for the Eastern District of New York on the 5th day of December, 1942,_MW PLEASE TAKE FURTHER NOTICE that pursuant to the provisions of the above mentioned order, you are required to deliver immediate possession of the above described property to the United States of America, , Datedl Brooklyn, N. Y. December ?, '1942. Yours, etc., HARRY T. DOLAN Special Assistant to the Attorney General Attorney for Petitioner Office & P. 0. Address 305 a'fashington Street Brooklyn, New York, N.Y. Ata Stated Term of the District Court of 'the United States for the Eastern District of New York, held at the United States Court House in the Borough -of Brooklyn City and State of New York. on the h day of. Doceriber, 1942. P R E S E N T : HON. WiRCUS B. CAMPBELL, District Judge. r - - - - • - - - - - - - - x UNITED STATES OF AMERICA, Petitioner-Plaintiff, CONDEPMATION PRO- CEEDING NO. 13 - versus - 94.42 acres of land, more or less, at ORDER FOR I11MEDIATE Fishers Island, Town of Southold, County POSSESSION of Suffolk, State of New York, and Fishers Island Estates, Inc., Clarence F. Bennet, C. P. Franchot, C. W. Vanderpool, Francis Cole, Charles r7. Littlefield, Towyn of Southold, County of Suffolk, People of the State of New York, Defendants. t - - - - - - - - - - - - - - - - - - x f This cause coming- on at this term of Court upon the petition and application of the petitioner-plaintiff, the United States of America, for an order ex parte and without notice, grant- ing rant-ing to the petitioner-plaintiff the right to immediate possession ' and use of the land described in the petition, including all build- inge, and structures thereon which are part of the realty, -except removable fixtures, and .all appurtenances thereunto belonging, to- gether with all riparian rights appurtenant thereto, subject, however, to existing easements for public roads and highways, for public util- ities, for railroads and for pipe lines and further subject to ease- ments heretofore granted to the Fishers Island Electric Company for the purpose of constructing and maintaining power and telephone lines in, across, over and upon said land, and up,,n consideration, thereof and of the condemnation petition filed herein, the statutes in such cases made and provided, and it appearing to the satisfact- ion of the C_-urt s _4" FIRST: That the United States of America is enti- tied in this proceeding to the immediate use and possession of the i said lands described in said petition in condemnation. S 'CONDI That a petition in condemnation was filed i at the request of the Secretary of 7ar, the authority empowered by law to acquire the lands described in said petition. -and also under r / the authority cf the Attorney General of the: United States. THIRD: That pursuant to Sections 171 and 171a, s Title 50, U.S.C., the petitioner-plaintiff is entitled to the immed.;.- ate use and possession of the lands described in said petition; that the Secretary of 4oar has found and determined that such immediate pos- session and use of said lands are vital to the successful prosecution of the ?;;ar and has requested that an order of this Court be obtained 1 granting t.) the petitioner-plaintiff the immediate use and possession of said premises; it is therefore, ORDERED, ADJUDGED and DECFMED that. the immediate pos- session and use of, all that land located at Fisbers Island, Town u: Southold, County of Suffolk, State of New York, described in said petition in condemnation as follows: .'.11 that certain piece or paz cel of land, to- gether with the improvements thereon, situate and being in the Town of Southold, County of Suffolk and State of New York, as shown on a plat dated July 1942, prepared by the U. S. Engineer Office,, Providence, Rhode Island, and entitled "-ilderness Point Site, Land of Fishers-Island Estates, Inc., and others' bounded and described as follows: Beginning at a stone bound on the southerly side of a public highway at a corner of land of the Fishers Island Estates, Inc. and land of the United States of America, known as "Alit. Prospect Reservation" which stone bound has coordinates North five hundred eighty. threeand two tenths feet (583.2 ft.), >;est three thousand fourteen and seven tenths feet (3014.7 ft.) referred to reference mark No. 2 of ilderness Point 0. P. as the %ero of eoordinates,: the said reference mark N^. 2 S 1 �w Y. being a copper disc stamped AAOP 2 (1940); thence fr,,m the stone bound at the point of beginning ten feet (10.0. ft.) more or less, northerly al.)ng land of the said Fishers Is- land Estates, Inc., in a direction perpendic- ular to the center line of the said public highway; thence turnitLg and running in a gen- eral easterlydirection parallel �o the center line of the said public highway and along land of, the said Fishers Island c; a States of imerica North 23 degrees, 25 minutes y :est, one hundred seventy-seven and seven_. tenths feet (177.7 ft.) to the stone bound at the point or place of beginning, comprising ninety four and forty-two hundredths (94.42) acres of land, mare or less above M.H.0', (eleva- tion three and five tenths .feet (3.5 ft,) re- ferred "to M*S.Lo datum), i together with all the riparian rights appurtenant to the above de- f scribed parcel of land, and all use '"and possession and control of the shores, tide lands and land under water adjacent to the uplands hereinabove described as may be necessary in aid of navigation to accomplish the purposes for which said lands are taken, are hereby granted to the petitioner-plaintiff, the United States of America, and the said petitioner-plaintiff, the United States of America, is entitled t, immediately enter into possession thereof and to occupy and use the same for the purposes for which it is sought to be acquired in said proceeding; and it is FURTHER ORDERED, ADJUDGED and DECREED that notice of the entry of the within order, together with notice of the time set forth for t1a,delivery of possession, shall either be served personal- ly upon'the various and respective defendants, or in the alternative by mailing said n-tice to said defendants at their ]a st known ad.- dresses. M.A.R-t N L,, 'CAITPB�LL' UnitedStates Vistfict. Judge s =A -4- I IdJl�la6u!ol,w ,lillu lu,l Iu141IMYYYIrYIIYdIIIWi i LCI`L_IyVI'1➢V 1.L...,.L...l l!lu.l J!Wllulu,,...uIIII!Illlll lllll, V 11.6„ J. . r I i No. C.j3 13 THITED STATES',DISTRICT COURT EASTERN DISTRICT 00; NEW YORK UNITED STATES OF AiRICA, Petiti ones-Aaintiff, versus - 94.42 acres of land,; more or less, at Fishers Island, Town of SoUthol4, County of Suffolk, titate of New York, and Fishers Island Estates Inc., et i al. Defendants. - - - - - - - - - - - - - - - - - .J► -� . .,. .. ORDER FOR IM EDIATE -POSSESSION ALUj.NQTICE OF',ENTRY r r HARRY T. DOL4W, Special Assistant to the Attorney General of the United States - Attorney for Petitioner 305 Washington Strbet Brooklyn, New,York. • �.nn« r�rrr+r+rrrtu inm i nolo i i I liu i i n i i i u r i u milii wiuiwmiimiuiinuiw°iiiuuumiuuirmooiumiumoi nniwmnuiii1ii,JIB,„uwu „, . - — • ,� ,,moi .4 No.. C.P. 13 J UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERI.CA., Petitioner-Plaintiff versus - 94.42 Acres of land, more or less, at Fishers Island, Town of South- old,. County of auffolk, State of New York, and Fishers Island Es- tates, Inc. , et al. , Defendants . AIlIENDED NOTICE A PETITION t HARRY T. DOLAN Special Assistant to the Attorney General Attorney for _Petitioner-Plaintiff Office and Post Office Address 305 Washington Street Brooklyn, New York, N.Y. i' UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK i - - - - - - - - - - - - - - - - - - - X UNITED STATES OF MIERICA, Petitioner-Plaintiff, —versus - NO. C. P. 13 94.42 Acres of land, more or less, at Fishers Island, Town of Southold, County NOTICE OF ENTRY of Suffolk, State of New York, and Fishers Island Lstates Inc., et al. Defendants. i - - - - - - - - - - - - - - - - - - - - - - X S I R S : PLEASE TAKE NOTICE that a Judgment on the -Declaration of Taking No.1 of which the within is a true copy, has been duly entered and filed i with the Clerk of the United States District Court for the Eastern i District of New York on the 5th day. of March, 1943. Dated: Brooklyn, New York March 6, 1913. Yours, etc., HF F.RY T. DOLAN Special Assistant to the Attorney General of the United States Attorney for Petitioner Office a Post Office Address 305 Washington Street Brooklyn, New York =1 E UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - X UNITED STATES OF AMERICA, Petitioner-Plaintiff, - versus - NO. Co P. 13 94.42 Acres of land, more or less, JUDGA:IENT ON THE at Fishers Island, Town of Southold, DECLARATION OF TAKING County of Suffolk, State of New York, NO. 1 and Fishers Island Estates Inc., Clarence F. Bennet, C.P. Franchot,. C. W. Vanderpool, Francis W. Cole, Charles W. Littlefield, Town of South- hold, County of Suffolk, People of the State of New York, Defendants. - - - - - - - - - - - - - - - - - - - - X This cause coming on at this terra of Court upon the motion of the petitioner, the United States of America, to enter a Judgment on the Declaration of Taking No. 1 filed in the above entitled cause on the 4th day of March, 1943, and upon consideration thereof and of the Notice and Petition in Condemnation filed herein said Declaration of Taking loo. 1, the statutes in such case made Iand provided, and it appearing to the satisfaction of the Courtq. FIRSTt That the United States of Arierica is entitled to acquire property J :Wuent domain for the purposes no set out and prayed for in said petition. SECOND= Th;!.t a Petition in Condemnation was filed at the request of the Secretary of War, the authority empowered by law to acquire the land described in said Pet}tion, and also under authority of the Attorney General of the United States. THIRDe That an order granting to the Petitioner- Plaintiff the right to the immediate possession and use of the land i i -a _7 1A a -i r== t i ,i r 1 rM described in said Declaration of Taking No.. 1, was filed herein on =- the 5th day of December, 1942. FOURTH: That said Petition and Declaration of Taking No. 1 state the authority under which and the public use for which said lands were taken, that the Secretary of liar is the person ' duly authorized and empowered by law to acquire lands such as are described in the Petition to provide for military purposes, and for" such other uses as may be authorized by Congress or by &ecutive f Order, and the Attorney General of the United States is the person authorized by law to direct the institution of such condemnation proceedings. FIFTH: That a proper description of the land sought to be taken sufficient for identification thereof, is set out f in said Declaration of Taking No. 1. SIXTH: That said Declaration of Taking No. 1 contains a statement of the estate or interest in the said land taken for said public use. SEVENTH: That ,a plat showing the land taken is incor- porated in said Declaration of Taking leo. 1. EIGHTH: That a statement is contained in said Declara- tion of Taking No. 1 of a sum of money estimated by said acquiring i authority to be just compensation for said lands in the amount of Twenty-eight Thousand and 00100 (328,000.00) Dollars, and that said sum was deposited in the Registry of this Court for the use of the persons entitled thereto upon and at the time of the filing of said Declaration of Taking No. 1. NINTHS That a statement is contained in said Declara- tion of Taking No. 1 that the amount of the ultimate award of compen- sation for the taking of said property in the opinion of the said -2- s sc L Secretary of War will be within limits prescribed by Congress as to = he price to be paid therefor; it is therefore ORDERED, ADJUDGED and DECREED that title to all that tract or parcel of land shown on copy of map which is attached to he Declaration of Taking No 1, hereinbefore referred to and more - articularly described as follows: TRACT NO. 3 A certain parcelof land, situate in the Town of Southold, in the County of Suffolk and the State of New York, being more particularly bounded and described as follows: Beginning at the extreme Westerly corner of the premises herein described, and the extreme Northerly corner of land of Charles Littlefield, at a stone bound having coordinates South 660.6 feet and West 1721 feet, referred to reference mark No. 2 of Ivilderness Point O.P. as the Zero of coordinates, the said reference mark No. 2 being a copper disc stamped AAOP 2 (19$0); thence along land of the Fishers Island Estates Inc., on a curve having a radius of 238.8 feet and deflecting to the right for a distance of 64.2 feet; thence North 72 degrees, 13 minutes East, 212.6 feet, to a point at the extreme Westerly corner of land belonging to C. W. Vander- pool; thence by land of said Vanderpool South 54 degrees, 40 minutes East, 218 feet, more or less, to the mean high water line of Long Island Sound; thence Southwesterly along said mean high / . water line 245 feet, more or less, to the land of Charles Littlefield; thence by land of said Littlefield, North 40 degrees, 42 minutes West, 261 feet, more or less, to the point of beginning. Containing 1.36 Acres, more or less. neluding the buildings thereon, subject, however, to existing easements for public roads and highways, for public utilities, for railroads and for pipe lin6s, in fee simple absolute, vested in the nited States of America, upon the filing of the Declaration of aking No. 1 and the depositing in the Registry of this Court of he sum of Twenty-eight Thousand and 00100 028,000.00) Dollars, s hereinabove recited, the said lands are deemed to have been ondemned and take for the use of the United States of America and _3_ the right to just compensation for the property taken, upon the filing of the Declaration of Taking No. 1 vested in the persons .entitled thereto, and the amount of compensation shall be w eertained and awarded in this proceeding and established by-judgment herein pursuant to law, and it is further ORDER, ADJUDGED and DECREED that notice of the entry f of the within judgment shall be served personally upon the various and respective defendants. Dateds Brooklyn, New York March 1943. i i S. D. J. 610 taxx No. C.R 13 9 e r UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORE - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA, Petitioner-ilaintiff, t - versus - 94.42 acres of land, more or less, at Fishers Island, Town sof Southold, County of Suffolk, State of %ear.York, and Fishers Island Estates Inc., et Defendants. j - - - - - - - - - - - - _ - - _ - _ - _ JUDGMENT ON THE DECLARATION i OF TAKING NO. 1 with r NOTICE OF ENTRY HARRY T. DOL 1, r Special ,,ssistant to $ isttorney General of the United'-1Mates I,ttorney for Petitioner 305 Washington Street Brooklyn, New York. 'r` i f 1 'r r=_ { Y UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - X UNITED STATES OF UIERICA, Petitioner-Plaintiff, - versus NO. C. P. 13 94.42 Acres of land, more or less, at Fishers Island, Toma of Southold, County NOTICE OF ENTRY of Suffolk, State of New York, and Fishers Island Estates Inc., et al. Defendants. - - - - - - - - - - - - - - - - - - - - - X S I R S : PLEASE TAKE NOTICE that a Judgment on the Declaration of Taking No.7 of which the within is a true copy, has been duly entered and filed with the Clerk of tho United States District Court for the Eastern District of New York on the 15th day of March, 1943. Dated: Brooklyn, New York March 16, 1943. Yours, etc. , HARRY T. DOLAN Special ilssistant to the Attorney General of the United States - Attorney for Petitioner Office & Post Office Address - 305 Washington Street Brooklyn, New York i UNITED STATES DISTRICT COURT ASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - X ITED STATES OF AMERICA, Petitioner-Plaintiff, - versus - C. P. NO. 13 ' 94.42 Acres of lend, more or less, at ishers Island, Town of Southold, County JUDGMENT ON THS DECLARA- of Suffolk, State of New York, and Fishers TION OF TAKING NO. 3 Island Estates Inc., Clarence F. Bennet, . P. Franchot, C. W. Vanderpool, Francis W. Cole, Charles W. Littlefield, Town of Southold, County of Suffolk People of the State of New York, t f Defendants. � - - - - - - - - - - - - - - - - - - - - - - X This cause coming on at this term of Court upon the motion of the petitioner, the United States of lmerica,to enter a Judgment on the Declaration of Taking No. 3 filed in the above entitled cause on the 15th day of Harch, 1943, and upon consideration thereof and of the Notice and Petition in Condemnation filed herein said Declaration of Taking No. 3, the statutes in such case made and provided, and it appearing to the sn.tisfaction of the Courts FIRST: That the United States of America is entitled to acquire property by eminent domain for the purposes as set out. and prayed for in said Petition. SECOND: That a Petition in Condemnation was filed at the request of the Secretary of War, the authority empowered by law to acquire the land described in said Petition, and also under the authority of the Attorney General of the United States. THIRDS The.t an order greeting to the petitioner- plaintiff the right to the immediate possession ^.nd use of the land described in said Decicration of Taking No. 3, was filed herein on the 5th day of December, 1942. f= F E_ FOURTHe That said Petition and Declaration of Taking No. 3, state the c.ut hority under which and the public use for which said lands were taken, that the Secretary of War is the person duly authorized and empowered by lew to acquire lands such as are described in the Petition to provide for military purposes, and for such other uses as may be authorized by Congress or by Executive Order, and the Attorney General of the United States is the person 4 authorized by law to direct the institution of such condemnation proceedings. FIFTH: Th4_t a proper description of the land sought to be taken sufficient for identification thereof, is set out in E E said Declaration of Taking No. 3. SIXTHa That said Declaration of Taking No. 3 contains a statement of tht estate or interest in the said land taken for said public use. SEVENTH: Th,-.t a plat showing the lend taken is incor- pofated in said Declaration of Taking No. 3. EIGHTH: ThQt a statement is contained in said Declaration of Taking No. 3 of a sun of money estimated by said acquiring author- ity to be just compensation for said lends in the amount of Forty- six Thousand Five Hundred and 00100 ($46,500.00) Dollars, and that said sum was deposited in the Registry of this Court for the use of the persons entitled thereto upon and at the time of the filing of said Declaration of Taking No. 3. NINTHa That a statement is contained in se.id Declara- tion of Taking No. 3 that the amount of the ultime.te award of compensation for the taking of said property in the opinion of the said Secretary of Vicar will be within any limits prescribed by Congress -3- t, r i 4 E f as to the price to be Paid therefor; it is therefore ORDERED, ADJUDGED and DECREED that title to all that tract or parcel of lend shown on copy of map which is attached to the Declaration of Taking No. 3, heroinbefore referred to end more particularly described as follows: t ct TRLCT 110. 4 1t certain parcel of land, situated in the Town of Southold, in the County of Suffolk, and the State of Now York, being more particularly bounded and described as follows: Beginning at the extreme Westerly corner of the premises herein described, said point being the extreme Northeasterly corner of the premises of Francis W. Cole; thence along lend owned by the. Fishers Island Estates Inc., the following courses and distances: North 72 degrees 13 minute$ East, 200.1 feet; thence on a curve having a radius, of 182.8 feet and deflecting to the right for a distance of 157.2 feet; thence South 58 degrees, 38 minutes East, 18.6 feet; thence on r. curve having a radius of 84 feet and deflecting to thr right for $. distance of 85.7 feet; thence South 00 degrees 05 minutes Sast 57 feet more or less, to the mean high water line of Long Island Sound; thence South- westerly along said mean high water line of Long Island Sound, 290 feet, more or less, to a point at property belonging to Francis W. Cole; thence by said lend of Cole North 34 degrees, 40 minutes West, 218 feet, mors; or less, to the point of beginning. Containing 1.51 acres, more or less. TRACT NO. 5 t, certain parcel of land situated in the Town of Southold, in the County of Suffolk, and the State of New York, being more particularly bounded and described as follows: Beginning at the extreme Northeasterly corner of the premises herein described, said point being South 35 degrees 04 minutes cast, 40 feet, from a stone bound at the extreme Westerly corner of land of Clarence F. Bennett having as coordinates South 12.5 feet, West, 310.4 feet, referred to reference mark No. 2 of Wilderness Point O.P. as the Zero of coordinates, the, said reference mark No. 2 being a copper disc stamped AFiOP (1940); thence by land of said Bennett South 34 degrees, 04 minutes East 265 feet, more or less, to the mean high water line of Long Island Sound; thence Southwesterly along mean high water line of Long Island Sound, -3- i V _ _ I L r V 315 feet, more or less, to land of Fishers Island Corporation; thence by land of Fishers Island Corporation North 31 degrees, 18 minutes VTest, 330 feet, more or less; thence Northeasterly on a curve having a radius of 710.7 feet, and de- flecting -to the left for a distance of 303 .3 Feet to the poing of beginning, Containing 1.96 acres more or less. including all the buildings and improvements thereon and all t appurtenances thereto, subject however, to existing easements for I public roads and highways, for public utilities, for railroads and for pipe lines, in fee simple absolute, vested in the United States of America, upon the filing of the Declaration of Taking No. 3 and the depositing in the Registry of this Court of the sum of Forty- i six Thousand Five Hundred end 00/100 ($46,500.00) Dollars, as hereinabove recited, the said lands are deemed to have boon condemned and taken for the use of the United States of America and �the right to just compensation for the property taken, upon the filing of the Declaration of Taking Tao. 3 vested in the persons entitled thereto, and the amount of compensation shall be ascertained and awarded in this proceeding and established by judgment herein pursuant to law, and it is further ORDERED, ADJUDGED and DECREED that notice of the entry of the within judgment shall be served personally upon the various and respective defendants. ' Dateds Brooklyn, New York March /4;1943. 11ATTHEW T. *ABRUZZO _ J. x t . No. C.R 13 t� UNITED STATES DISTRICT COURT t EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - } UNITED STATES OF ViERICA, a t Petitioner-rlaintiff, !`x versus - 94.42 acres of land, more or less, : at Fishers Island, Town of Southold,- �G County of Suffolk, State of New York, and Fishers Island Estates Inc., et ' �.l. Pf Defendants. - - - - - - - - - - - - - - - - - - Judgment on the Declaration of Taking No. 3 with Notice of Entry HARRY T. DOL,Z, Special Assistant to the Attorney General of the United States !attorney for Petitioner 305 Waahington Street Brooklyn, New York. • i _ � s 1 ff[ t c r i_ e= UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - X UNITED STATES OF AMERICA, Petitioner-Plaintiff, - versus - N0. C. P, 13 94.42 Acres of land, more or less, at Fishers Island, Tom of Southold, County NOTICE OF ENTRY of Suffolk, State of New York, and Fishers Island Estates Inc. , et al. Defendants. - - - - - - - - - - - - - - - - - - - - - - - X S I R S r PLEASE TAKE NOTICE that a Judgment on the Declaration of Taking No.)- of which the within is a true copy, has been duly entered and filed with the Clerk of the United States District Court for the Eastern District of New York on the 15th day of March, 1943. Dated; Brooklyn, New York March 16, 1943. Yours, etc. , HARRY T. DOLAN Special tissistant to the Attorney General of the United States Attorney for Petitioner Office & Post Office Address 305 Washington Street Brooklyn, New York i UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - X UNITED STATES OF AMERICA, Petitioner-Plaintiff, - versus - 94.42 Acres of land., more or less, at NO. C. P. 13 Fishers Island, Town of Southold, County of Suffolk, State of New York, and JUDGMENT ON TIS; DECIARA- Fishers Island Estates Inc., Clarence F. TION OF TAKING ITO. 2 Bennet, C. P. Franehot, C. W. Vanderpool, Francis Vu. Cole, Charles W. Littlefield, Town of Southold, County of Suffolk, people of the State of New York, Defendants. - - - - - - - - - --- - - - - - - - - - X E 4 h This cause coming on at this term of Court upon the motion of the petitioner, the United States of America, to enter a Judgment on the Declaration of Taking No. 2 filed in the above entitled cause on the 15th day of March, 1943, and upon consideration thereof and of the Notice and Petition in Condemnation filed herein said. Declaration of Taking No. 2, the statutes in such case made and provided, and it appearing to the satisfaction, of the Courts FIRSTt That the United States of America is entitled to acquire property by eminent domain for the purposes as set out and prayed for in said Petition. SECOND: That a Petition in Condemnation was filed at the request of the Secretary of War, the authority empowered by law to acquire the land described in said Peti-"Aan, and also under authority of the Attorney General of the Un:.tac. at- ;s. THIRD: That an order granting to tt.e ?et.Ltioner- Plaintiff the right to the immediate possession and use of the land described in said Declaration of Taking No. 2, was filed herein on C r 117i the 5th day of pecember, 1942. FOUP.THs That said Petition and Declaration of Taking No. 2 state the authority under which and the public use for which said lands were taken, that thc. ,Secretary of liar is the person duly authorized and empowered by law to acquire lands such as are described in the Petition to provide for military purposes, and for such other uses as may be authorized by Congress or by Executive F Order, and the Attorney General of the United States is the person authorized by law to direct the institution of such condemnation proceedings. FIFTHS That a proper description of the land sought to be taken sufficient for identification thereof, is set out in said Declaration of Taking No. 2. SIXTH: That said Declaration of Taking No. 2 contains a statement of the estate or interest in the said lend taken for said public use. SEVENTH: That a. plat showing the land taken is incor- porated in said Declaration of Taking No. 2. EIGHTH: That a sta.tc:ment is contained in said Declara- tion of Taking No. 2 of a sum of money estimated by said acquiring authority to be just compensation for said lands in the amount of Forty-ono Thousand One Hundred and 00/100 ($41,100.00) Dollars, and that said sum was deposited in the Registry of this Court for the use of the persons entitled thereto upon and at th - time of the filing of said Declaration of Taking No. 2. NINTHS That- a statement is corta_r-.. c-' ' Declare- tion of Taking No. 2 that the amount of the ul�imr_te sward of compensation for the taking of said property in the opinion of the said Secretary of War will be vA thin limits prescribed by Congress as to the price to be paid therefor; it is therefore ORDERED, ADJUDGED and DECREED that title to r.11 that -2- i { t r= g: tract or parcel of land shown on photostatic copy of map which is attached to the Declaration of Taking No. 2, hereinbefore referred j f to and more particularly described as follows: [ TRACT N0, 1 A certain parcel of land, situated in the Town of Southold, in the County of Suffolk and State of New York, being more particularly bounded and described as I follows: ; Beginning at a stone bound on the Southerly side of a public highway at a corner of land of the Fishers Island Corporation and land of the United States of America, known as 11t. Prospect Reservation" which stone bound has coordinates North 583.2 feet, West, 3,014.7 feet, referred to reference mark No. 2 of Wilderness Point, O.P. as the Zero of coordinates, the said refer- ence mark No. 2 being a copper disc stamped AAO$ 2 (1940); thence from the stone bound at the point of beginning 10 feet, more or less, Northerly along land of the said 11t. Prospect Reservation in a direction perpendicular to the Southerly bound line of said public highway; thence in a general Easterly direction along the Southerly bound- ary line of said public highway a distance of 1807 feet, more or less, to the point of beginning of a new division line through land of said Fishers Island Corporation; thence by the said new division line through the land of said Fishers Island Corporation South 72 degrees, 03 minutes East, 1176.1 feet, more or less, to a stake whose coordinates are North 479.6 feet, West, 289.3 feet; thence North 80 degrees, 09 minutes East 190.8 feet, to the Southwesterly corner of land of Maxwell S. Porter; thence by the 'land of said Porter North 67 degrees, 44 minutes East, 222.5 feet, to a corner of land of Nina V. D. Williams; thence by the land of said Williams in part and by land of the Fishers Island Corpora- tion South 74 degrees, 45 minutes East, 184 feet, more or less, to the mean high water line, of Long Island Sound; thence in a general Southerly direction by said mean high water line of Long Island Sound, 153 feet, more or less, to a point at property corner of land of Clarence F. Bennett; thence by land of said Clarence F. Bennett, South 87 degrees, 37 minutes West, 70 foot, more or less; thence South 68 degrees, 22 minutes West, 374.9 feet, more or loss; thence South 30 degrees, 45 minutes West, 315.1 feet, to a stone bowed at the extreme Westerly corner of the property of Clare�lce F. Bennett, said stone bound having coordinates South 12.5 foot, West 310.4 foot; thenee by land of said Bennett South 38 degrees, 04 minutes East, 40 feet, to a point at the extreme Northerly corner of land of Lillian W. Franchot; thence by said land of Franchot by a curve having a radius of 710.7 feet and deflecting to the right a dis- tance of 303.3 feet to the extreme Northwesterly corner of said land of Franchot; th once by said lt.nd of Franchot -3- 4 i i. j„ I i? South 31 degrees, 18 minutes, East, 330 fGot, to a point on themcan high water line of Long Island Sound; thence in a general Southwesterly direction by said mean high water line 720 feet, more or less, to the property of C. W. Vanderpool; thence by land of said Vanderpool the following courses and distancess North 00 degrees, 05 minutes West, 57 feet, more or less; thence by e curve having a radius of 64 feet, and de- flecting to the left a distance of 85.7 feet; North 58 degrees, 38 minutes West, 18.6 feet; thence by a curve having a radius of 182.8 feet and deflecting to the left for a distance of 157.2 feet; South 72 degrees, 13 minutes West, 200.1 feet, to the extreme Northerly " corner of the land of Francis W. Cole; thence by land of said Cole the following two courses: South 72 degrees 13 minutes Giest, 212.6 feet; thence on P. curve having ' a radius of 238.8 feet, and deflecting to the left for a distance of 64.2 feet to a stone bound at the extreme Northerly corner of the property of Che.rles Littlefield, ' said stone bound having coordinates South 660.6 feet r and West 1721 feet; thence by land of Charles Little- field the following courses and distancess On a curve having a radius of 238.8 feet and deflecting to the left for a distance of 166.9 feet; South 16 degrees, ; 46 minutes West, 84.3 feet; thence on a curve having a radius of 208.3 feet and deflecting to the right for a distance of 47.1 feet; thence South 45 degrees, 25 minutes East, 157 feet, more or less, to the mean high water line of Long Island South; thence in a general Southwesterly and Northwesterly direction along said Long Island Sound 1025 feet, more or less; thence, about North 56 degrees, 00 minutes West, 240 feet, more or less; thence in a general Northwesterly direction 415 feet, more or less, along the mean high water line of Long Island Sound- to the land belonging to the United States of America, known as, "Mt. Prospect Reservation", thence along said Reservation boundary line North 40 degrees, 04 minutes, East, 602 feet, more or less, to a concrete bound; thence along said boundary line North 09 degrees, 33 minutes West, 577.7 feet to a concrete bound= thence still by said boundary line, North 23 degrees, 25 minutes Fest, 177.7 feet to the point of beginning. Containing 82.82 acres, more or less. including the buildings red improvements ,thereon and .Rppurtenanees thereto, subjeot. however, to existing easements for public "aft and highways, for public utijift es, for railroads and for pipe lines, in fee simple absolute, vested in the United States of America, upon the filing of the Declaration of Taking No. 2 and the depositing in the Registry of this Court of the sum of Forty-one Thousand One Hundrer and 00100 ($41,100.00) Dollars: as hereinabove recited, the said lands e deemed to have boon condemned and taken for the use of the United i r L 1_ 1 V L States of America and the right to just compensation for the property taken, upon the filing of the Declaration of Taking No. 2 vested in the persons entitled thereto, and the amount of compensation shall be ascertained cnd awarded in this proceeding end established by judgment herein pursuant to law, and it is further ORDERED, ADJUDGED and DECREED that notice of the entry 4 i of the within judgment shell be served personally upon the various and respective defendants. Dateds Brooklyn, New York Har oh ,1943. F f MATTHEW T. RBRUZZO U. S. D. J. x No. C.R 13 • UNITED STATES DISTRICT COURT � EASTERN DISTRICT OF NETS YORK - - - - - - - - - - - - - - - - - - UNITED STATES OF M ERICA, Petitioner-r-laintiff, - versus - 94.42 acres of land, more or less, ' at Fishers Island, Town of Southold., County of Suffolk, State of New York, and Fishers Island Estates Inc., et al. Defendants. Judgment on the Declaration of Taking No. 2 with Notice of Entry - - - - • - - - - - - - - ,- - - - - - HARRY T. DOL U1.9 .= Special ;assistant to the 11,ttorney General of the United States dttorney for Petitioner 305 Washington Street ,. Brooklyn, New York. • z j i a If i i 41 UNITED STATES DISTRICT COURT $EASTERN DISTRICT OF NEW YORK f - - - - - - - - - - - - - - - - - - - - - - - X i UNITED STATES OF AMERICA, Petitioner-Plaintiff, - versus C. P. NO. 13 04.42 acres of land, more or less, at Fishers Island, Town of Southold, County of Suffolk, NOTICE OF ENTRY tate of New York, and Fishers Island Estates Inc., et al. Defendants. - - - - - - - - - - - - - - - - - - - - - - - X I R S . it PLEASE TAKE NOTICE that a JUDGMENT ON THE DECLARATION PF TAKING NO. 5, of which the within is a true copy, has been duly J led with the Clerk of the United States District Court for the eastern District of New York on the 14th day of July, 1943, 3 Gated: Brooklyn, New York i July 15, 1943 ! f YOUR$, ETC., ji HARRY T. DOLAN j Special Assistant to the Attorney j General of the United States Attorney for Petitioner Office & Post Office Address 305 W*shington Street { Brooklyn, New York. ii ,f i i ii ;I V I I �! I I I d j I it I 1 c ITED STATES DISTRICT COURT ASTERN DISTRICT OF NEIV YORK - - - - - - - - - - - - - - - - - - - - - X I �NITED STATES OF AMERICA, j II j Petitioner-Plaintiff, I j - versus - C.P, NO. 13 I V 4.42 Acres of land, more or less, at Fishers JUDGNEENT ON THE j sland, Town of Southold, County of Suffolk, DECLARATION OF tate of New York, and Fishers Island Estates, TAKING NO, 5 nc., et al. I, Defendants. - - - - - - - - - - - - - - - - - - - X I This cause coming on at this term of Court upon the ii motion of the petitioner, the United States of America, to enter a Judgment on the Declaration of Taking No. 5 filed in the above entitled cause on the 14th day of July, 1943, and upon consideration j thereof acid of the Notice and Petition in Condemnation filed herein ii i j'said Declaration of Taking No. 5, the statutes in such case made d provided, and it appearing to the satisfaction of the Court: FIRST: That the United States of Ane rica is entitled i o acquire property by eminent domain for the purposes as set out and prayed for in said Petition. SECOND: That a Petition in Condemnation was filed at If !the request of the Secretary of War, the authority empowered by law i o acquire the lands described in said Petition, and also under the i,authority of the Attorney General of the United States. I I THIRD: That an order granting, g to the petitioner- (i (plaintiff the right to the immediate possession and use of the land described in said Declaration of Taking No. 5, was filed herein on i j1the 5th day of December, 1942. j I FOURTH: That said Petition and Declaration of Taking IjNo. 5 state the authority under which and the public use for which :said lands were taken, that the Secretary of War is the person duly i Ij (lp '� I i I A I I l ��uthorized and empowered by law to acquire lands such as are described i in the Petition to provide for military purposes, and for such other ;uses as may be authorized by Congress or by Executive Order, and the i? Attorney General of the United States is the person authorized by ;;law to direct the institution of such condemnation proceedings. FIFTH: That a proper description of the land sought i to be taken adfficient for identification thereof, is set out in I ;said Declaration of Taking No. 5. i SIXTH: That said Declaration of Taking No. 5 contains i I a statement of the estate or interest in the said land taken for said j ,public use. SEVENTH: That a plat showing the land taken is incor- porated in said Declaration of Taking No. 5. EIGHTH: That a statement is contained in said Declara- j f ';tion of Taking No. 51 of a sum of money estimated by said acquiring !'authority to be just compensation for said lands in the amount of "'Twelve Thousand and 00100 ($12,000.00) Dollars, and that said sum I � lwas deposited in the Registry of this Court for the use of the 1' 'persons entitled thereto upon and at the time of the filing of said Declaration of Taking No. 5. NINTH: That a statement is contained in said Declara- ' tion of Taking No. 5 that the amount of the ultimate award of ! compensation for the taking of said property in the opinion of the ' said Secretary of War will be within any limits prescribed by i Congress 'as to the price to be paid therefor; it is therefore jj ORDERED, ADJUDGED and DECREED that title to all that ; tract or parcel of land shown on copy of map which is attached to the Declaration of Taking No. 5, hereinbefore referred to and more ! 1 t particularly described as follows: TRACT N0. 6 I A certainparcel of land situated in the Town of Southold, in the County of Suffolk, State of New York a� Ij ii I being more particularly bounded and described as follows: Beginning at the extreme Westerly corner of the premises herein described and at the south- easterly corner of land of C. P. Franchot, said point being a stone bound having as co- ordinates South 12.5. feet and West 310.4 feet, referred to reference mark No. 2 of Wilderness Point 0. P. as the Zero of coordinates, the 1j said reference mark No. 2 being a copper disc stamped A60P 2 (1940); thence along land of j said Franchot North 30 degrees, 45 minutes East, 315.1 feet to land of Fishers Island 1i Estates, Inc.; thence by land of said Fishers Island Estates, Inc., North 66 degrees, 22 �( minutes, East 374.9 feet; thence North 87 I� degrees, 37 minutes East, 70 feet, more or ji less to the Mean High Water line of Long Island Sound; thence in a general southerly and Southwesterly direction along said Mean I High Water line, 865 feet, more or less, to I other land of said Franchot; thence by land of said Franchot North 34 degrees, 04 minutes j West, 265 feet, more or less, to a point at land of Fishers Island Estates, Inc.; thence by land of said Fishers Island Estates, Inc., !i North 35 degrees, 04 minutes, Viest 40 feet l to the point of beginning. . Containing 5.38 acres, more or less. !including the buildings and improvements thereon and appurtenances *hereto, subject however, to existing easements for public roads and ighways, for public utilities, for railroads and for pipe lines, in fee simple absolute, vested in the United States of America, upon the filing of the Declaration of Taking No. 5 and the depositing in I,the Registry of this Court of the sum of Twelve Thousand and 00100 ($12,000.00) Dollars, as hereinabove recited, the said lands are deemed to have been condemned and taken for the use of the United i States of ianerica and the right to just compensation for the property 1 I Itaken, upon the filing of the Declaration of Taking No. 5 vested + in the persons entitled thereto, and the amount of compensation shall i ibe ascertain and awarded in this proceeding and established by judg- ment herein pursuant to law, and it is further 1 ORDERED, ADJUDGED and DECTEED that notice of entry of I the within judgment shall be served personally upon the various and respective defendants. Dated: Brooklyn, N. Y., July 1943. U. S. D./ J. f I } � I A ` • 1 ' • MUTED $TATF,S DISTRICT COURT EASTERN DISTRICT OF ITEW YORY Ui3ITED STAT�,S 017' A .aMICA,' i Petitioner-Plaintiff, - versus - ' 94.42 Acres of land, -aoro or loss, at F isilcrs Islam , Town of Sout- hold, County of Suffolk, o to. , - and Fishers Island Lstatos,Inc., I Defendants. - - - - - - - - - - - - - - - - - - NOTICE OF EITTRY 17ITH , JUDGEJEAUT Oid TH!2 DECLLit��TIC OP e TAIMIG NO. i - r - - - - - - - r - - i i 'i BARRY T. DOLAN I Special Assistant to The ,;ttorncy General At tornoy for Petitioner Office ,; Post Offico Addross 305 Tashin,-_,,ton Stroot., �x►oo� A�,-N.Y. 'ti g UNITED ST-VIES -DT:STRICT COURT EASTERN DISVICT OF XbM YORK - - - - - - - - - - - - - - - - - - - - - x UINITME FTATFt OT AWRICA, Petitioner-Plaintiff,` rer3us - C. P. 31 .1t of an acre of ;.and.. mere or lass, situate in the. -Zoom of Southold, Oounty ' of Suff•clk, �;tatn rj' y,,w York, and NOTICE OF MMY FishErs Isla-gid Estato3, Inc ., Town of �Iouthold, Ccunty of Suffolk, State of New York, Dcf endants . - - - - - - .. .. - .. - _ _ x ' 3 I R St PLE&SE TAKI NOMIS that a Judgm nt, r_f which the vd thin ' is-a true co *>Sr ,i d Out aan f i)4 n th , t.. of the United 34.-%.tac Dis-trict Courc foz -14ie Eaa-Larn District of Ncw York or_ the 27th dey of T'ay, 1343 PL&, SE Z-L.M FURTHER NOTICE that pursuant to the provisions <` the a C40 >mentioned Judgment you are regnired to deliver the ;i c;dtate rossossior, -f the abovo descri;sed pr,)perty to the United States of Amoriea4 Dated, Brooklyn, N Y. May 28th, 1943. lou:-a, etc,., NA'_RRY T. D CLAN Specilal ja ssistant to the 1�t+•e�:-ray Gencral of the United State3, Attorney for Potitionvr, 4 Offico & P. 0. Address - 305 ddress -305 Washintois Street. Hrooklyni New York, :d. Y.►� UNITED ST%I.TES DISTRICT COURT EiMLR'N DISTRICT OF NE"i YORK - - - - - - - - - - - - - -- - - - - - - x UNITED STATES OF iJ ERICit, Petitioner-Plaintiff, - versus - C. P. 31 .16 of an acre of land, more or less, _ situate in the T,jwn of Southold., County of Suffolk, State of New York, and Fishers Island $states, Inc., Town of Southold, County cf Suffolk, State cf New York, Defendants,. - - - - - - - - - - - - - - - - x , JUDGIENT ON THE DECLARATION OF TARING AS This cause coming -,n at this term of Court upon the petition and application_ )f the Petitioner, the United Stator the above entitled cause cn the 26th dray of May, 1943, and pursu to Sections 171 and 171x, Title 50 U. i.C. granting to the United Statosof morica th6 immediate possession axed use of a perpetual = easement for the location, construction,majvut pRnce, operation and patrol of a water main in, over, across- and-iZ der -the lands. herein described, together with all buildings and improvements thereon and appurtenances thereto and upon consideration :ther*eof and of the 'con demnation petition filed herein,, said Declaration of Taking, the - J, statutes in such cases made, and provided, -and it appearing to the satisfaction of the Courts FIRSTt That the Unitod States of 1orerica is entitled to acquire prn erty•by eminent domain f,�r the purposes as set out and prayod for in said petition. ,ter _ r SECOND: That a petition in condemnation was filed at the request of the Secretary of har, the authority empowered by law to acquire the property described in said petition, and also under the authority of the Attorney General of the United States. THIRDs That said petition and Declaration of Tak- ing state the authority under which and the. public use for which said property and property r " were taken, that the Secretary of War is the person duly authorized and empowered by law to acquire property such as is described in the petition for military purposes, and the Attorney General of the United States is the person author- ized by law.to direct the institution of such condemnation proceed- ings. roceed-ings. FOURTH: That a proper description of the property sought to be taken', sufficient for identification thereof, is set out ins aid Declaration of Ttk ng. FIFTH: That said 'Declaration of faking contains a stateletA of the estate or interest in the said property and proper- ty rights talon for said public use. SIXTH% That a plat showing generally the property takon is incorporated in said Dodlaration of Taking. $E` s That a statement is contained in said De- claration of Taking►of a sum of money estimated by said acquiring authority to be just compensation for said property rind .property rights in the amount of Two Hundred Fifty and 00/100 ($250.00),Dol- lars, and that said sun was deposited in the Registry of this Court for the uta of the porscnss entitled thereto, upon and at the ,time of 5 r the filing of said Declaration of Taking. nIGHTH: That a statement is contained in said De- claration of Taking that tho amount of the ultimate award of compensa- tion for the taking of said property and property rights in the opin- ion of the Secretary of liar will.be within any limits prescribed• by Congress as to thc, pricy; t�_ be paid thereforf it "is therefore -L- ADJUDGED, ORDERED and DECREED that a perpetual easement for the location, construction, maintenance, operation and patrol of a venter main, in, over, across and under the lands shown on a map which is attached to the Declaration of Taking hereinbe- fore referred to, together with all buildings thereon and appurte- nances thereto, located in tho 'Town of Southold, County of Suffolk' and more particularly described by metes and bounds as follows= TRACT N0. '7 A certain parcel of land situated in the Town of Southold, County of Suffolk, State of New York, bounded and described as "followsr Beginning at a point 320.15 feet, more or less, distant in a Southeasterly direction from the extreme Northwesterly corner of land belonging to the UnitedStates of America, and known as Tract No. 1, being on the Southerly boundary line of a private highway;. thence turning and, ring a 16 h' Jtorly directica by a ► : inter ,. , an l� , - SCO i rcc n the last meritioned course, across said highway, for a distance of 40 feet, more or less, to a point; thence continuing along the above-mentioned course fir a distance of 422 feet, more or lass, to tho 'center line of an existing water main thence turning and running in a Southeaster 'ly direction along said center lino for a distance of 17 feet, more or loss; thence-turning and run- ning in a Southeasterly .direction and parallel to the first-mentioned course for a distanee. of 467 fact, more or less, to a point located on the Southerly boundary line of a private high- way; thence turning; and running in a North- westerly direction along said Southerly bound- ary line far a distance of 19.5 feet, more or Tess, to the point or pbce of beginning. Qontaining .16 of an acre, more or less, Rested in the ftited States of America upon the filing of said Declaration of T�kit�g and depositing in the Registry of this Court of the said sum. of Two Hundred Fifty and 00/'100 ($250,00) Dollars, as hereinbefore recited, and the said property and property rights sru► deemed to have been-condemed and taken for the .use of the Mited States of America}and the righir to jutat oompensation fale the 3- property taken, upon the filing of the Declaration of Taking, vest- ed in the persons entitled thereto and the amount of compensation '. •shall be ascertained and awarded in this proceeding and established by Judgment herein pursuant to law; and it is further ADJUGED, ORDERED and DECREED that the possession of all of the above described property and property rights shall be de- e ` livered immediately to the United States of America and this cause is held open for such other and further orders, judgments and de- crees as may be necessary in the premises; and it is further ADJUDGED, ORDERED and DECREED that notice of the entry of the within Judgment, together with notice of the time-set forth herein for the delivery of possession, shall be served per- sonally upon the various and respective defendants. Dated s B!c o 1�y , :gOw YorkN• Y. May / 1943' - CUMME G. GA S TON UnIted States Dist r -4- AL y - 601 . ti ..... .P. 31 UNITED STATES DISTRIO EASTERN DISTRICT OF NEK UNITED STATES OF AMERIM Petitioner-Plc ntifrj _k cf - versus - .16 of an acre of land, more or less, situate in the Town of Southald. k' County of Suffolk, State of Neer York, a' and Fishers Island Estates, 100et e al, , r t; -NOTICE itp Z%tp1' t� ' P - ( Y 'moi �'�, •� , _ �^ a a a r H&RRY T. DMAN Special Assistant to the .dttcrrusy Generalyk . Attorney f or Petitioner Office & P. 0. Address 305 Washington Street Br ockiyn, N.,Y. UNITED STATES DISTRICT COURT EASTERN DI;5TRICT OF NE"7 YORK - -- - - - - - - - - - - - - - -x UIrITED STS T.ES OF AIMRICA., Petitioner-Plaintiff, 110. C.P.13 - versus - - AIM NDED i NOTICE 94.42 Acres of land, more or_)_ess, at Fishers Island, Town of South- old, County of Suffolk, State of New York, and Fishers Island Esta- I tes Inc. , The New York Trust Comp- any, Charles W. Littlefield, Georgie B. Littlefield, Francis W. Cole, Cornelia W. Vanderpool, Manu- facturers ana Traders Trust Company, Clarence F. Bennett, Blanche H. Bennett, George J. Bender, Maxwell S. Porter, Nina V. D. dV'illiams, Town of Southold, County of Suf- folk, People of the State of New York, Defendants - - - - - - - - - - _ - -x i TO THE DEFEitD.&1 TS ABOVE NALMD AND EACH OF THEM.* j PLEASE TAIL NOTICE that the Amended Petition f r of the United States of America, a cony of which is 'here- to annexed and herewith served upon you, has been duly filed in the office of the Clerk of the United States District C-ourt for the Eastern District of New York and in the office of the Clerk of the County of Suffolk, and will be presented `t© the District Court of the UnitedStates for the Eastern District of New York, f located ir, the United States Courts and Post Office Buil_ea ing at No* 271 Viashington Street, in the Borough of Brooklyn, City, State and Eastern District of New York# Y. at a term thereof, appointed to be held for the hearing E t= of nations on, the 3rd day of November, 1943, at 10:30 o' clock in the forenoon of that day, or as soon there- E after as counsel can be heard., and a motion will then be made for a Judgment of Condemnation adjudicating that b tiffu blic use requires the condemnation of the real *- ,. , B . i party described in said Amended Petition and for a Judi- cial determination of the fair market value and just compensation to be made therefor, and for. such other and further relief as may be just and proper A ?D TRIM FURTM NOTICE that you may appear or interpose an answer to said petition on or before the 3rd day of November, 19430 and if you appear or answer a copy of the notice of appearance or answer must be served upon the attorney for the petitioner. Dated: Brooklyn, New York, N.Y. September 30, 1943. Yours p etc. ,. IIARMt T. DOLAN Special Assistant to the Attorney General . Attorney for Petitioner Office & Post Office Address 305 Washington Street Brooklyn, New York, N.Y. ---- -- _ ----- tee, r UNITED STATES DISTRICT COURT EASTERK DISTRICT OF 11TEW YORK - -. - - - - - - - - - - - - - - -x i U11ITED STATES 4F AT,TERICA, Petitioner-Plaintiff, Wo. 13 versus - AMENDED - FETITION 94.42 Acres of land, more or less, at Fishers Island, Town'of_ South- old, County of Suffolk, State of New York,> and Fishers Island Esta- tes Inc. The New York Trust Comp- any, Charles 1'J. Littlefield, Georgie $ Littlefield., Francis ,%, - Cole, Cornelia 17. Vanderpooli Manu- facturers , ` and Traders Trust Company Clarence ' '. Bennett, Blanche H. Bennett, ,George J. Bender, Maxwell S. Porter; Nina V. D. 17illiams, Town of Southold, County of Suf- folk, People .of the, State of New York., Defendants - - - - - - - - - - - - - - - - - -x TO THE U1.ITED SVS TES DISTRICT. COURT FOR THE EASTERN DISTRICT OF NEW YORK The Amended Petition of the United Stateb of America brought by Harry T, Dolan, Special Assistant to the Attorney General of the United States, residing in the City and State of New York, and whose Post Office Address is 305 Washington Street, Brooklyn, Netw York, N.Y., acting under the instructions of the Attorney General of the United States and upon the request of the Secretary of War of the UnitedStatea, respectfully shows: I. That the United States of America is a sovereip nation II. That the Secretary of rear of the United States, pursuant to and acting under the 9acond tsar Powers Act approved Uaroh 27, 1%2 (Public Law 507-77th Congress)r and the Act of Congress approved August 18, 1,890 (26 Stat.316), as amended by the Acts of Congress app V* -:July 28, 1917 (40 Stat.241), April 11, 1918 a A40 Stat. 518, 50 U.S.C. sec.171) and the Act of Congress approved September 9, 1940, (Public Law 781, 76th Con- gress) has found and determined that the lands herein- after more particularly described in Paragraph IV, in- eluding all the buildings and structures thereon which are part of the realty, except removable fixtures, and the appurtenances thereunto belonging, together with all the riparian rights appurtenant thereto, are neces- sary to be acquired for military purposes and that im- mediate possession thereof be obtained. III. That the Secretary of. War, pursuant to and acting under the authority of the Acts of Congress aforesaid, has determined and is of the opinion that it, is necessary and' advantageous that the United States of America acquire an estate in fee simple absolute in the lands particularly described in Paragraph IV, except as hereinafter set forth in Paragraph VI, by condemnation under judicial process for the public use. IV. That the lands to be condemned at this time by the United States for the public use are located at Fishers Island, Town of Southold, County of Suffolk, State of New York, Eastern District of New York and within the jurisdiction of this Court and a specific description of said lands and their location by metes and bounds is as follows: All that certain piece or parcel of land, together with the improvements thereon, situate and being in the Town of Southold, County of Suffolk and atato oP Now York, as shown on a plat dated July 1942, prepared by the U. S. Engineer Office, providence, Rhode Island, and entitled "Wilderness Point Site, Land of Fishers Island Estates, Inc. ., and others" bounded and described as . follows: z - 3 e Beginning, at a stone bound on the southerly side of a public highway at a corner of land of the Fishers Island Estates, Inc. and land of the United States of America, known as "Xt.Pros- Peet ReservatioWl which stone bound has coordinates Borth five hundred eighty three and two tenths feet (583.2 ft. ) p West throe thousand fourteen and seven tenths feet (3014.7 ft. ) re- tarred to reference mark No. 2 of Wilderness Point O.P. as the Zero of coordinates, the said reference mark No. 2 being a copper disc stamped AAOP 2 (1940) ; thence from the stone bound at the point of beginning ten feet (10.0 ft. ) more or less, northerly along land of' the said Fishers Island Estates, Inc. , in a direction perpendicular to the center line of the said public high- way; thence turning and running in a general easterly direction parallel to the center line of the said public high- way and along land of the said Fishers Island Estates,Inc., a distance of eighteen hundred seven feet (1807.0 ft. ) more or less, to the point of beginning of a new division line through land of the said. Fishers Island Estates,Ine.; thence by the said new division line through the land of the said Fishers Island Estates,Ine. , South 72 degrees, 03 minute's East, eleven hundred seventy six and one tenth feet (1176.1 ft.) to a stake whose coordinates are North four hundred seventy nine and six tenths feet (479,`6 ft.) , West two hundred eighty nine and three tenths feet (289.3 ft. ) referred to AAOP (1940) as the Zero of coordinates, North 80 degrees, .09 minutes East one hundred ninety and nine tenths feet (190.9 ft. ) to the southwest- erly corner. of land of Maxwell S. Porter; thence, by the land of the said Maxwell x S. Porter N. 67 degrees, 44 minutes East two hundred twenty-two and five ten- ths feet (222.5 ft. ) to a corner of land of Mrs.Hiria V. D. Williams; thence by land of the said. firs. Nina V. D.Will3aa ms in past and by land of the Fishers Island Estatos, Inc. , South 74 degrees 45 min- utes East, one hundred eighty four feat (184.0 ft`.), more or less, to the contour line of U. H W. (elevation three and five tenths feet (3.5 feet above M.S-.L. datm); thence in a general southerly, southwesterly an westerly .direction by the contour line of N. H. W. along .the ahors of Wilderness's Point a distance of thirty eight hundred seventy,-eight feet (387$.0 ft.) . mare or less, to a point; thence by a straight line bearing about Horth 56 deroes gest, two hundred forty feet;540X ft. )s moire. or less, again to thio contour line of M.H4W.; thence by the said contour line of M.H.W. in a general northwesterly direction along the shore of Wilderness Point four hundred fifteen feet (415.0 ft.) , more or lass, to- a corner of the said Mt. Prospect Reservation, so-called; thence by land of the United States of -Ameri6`& known as the Mt.Pros- pect Reservation through a concrete bound Forth 40 degrees, 04 minutes Bast, six hundred two feet (602.0 ft. ), more or less, to a second concrete bound at the end. of a barbed wire fence; thence by the said barbed wire fence along land of the United States of America North 9 degrees, 33 minutes West five hundred seventy-seven and seven tenths (577.7 ft.) to another concrete bound; thence still by the said barbed wire. fence along land of the United States of America North 23 degrees, 25. minutes gest, one hundred seventy-seven and seven tenths feet (177.7 ft. ) to the stone bound at the point or place of beginning, comprising ninety four and forty-tiro hundredths (94.42) acres of land, more or less above MJI.W. (eleva- tion three and Five tenths feet (3.5 ft.) referred to M.S.L. datum) , together with all the riparian rights appurtenant to the above described parcel of land, and all use and pos- session and control of the shores, tide lands and land under water adjacent to the uplands hereinabove des- cribed as stay be necessary in aid of navigation to _ac-, cc lish the -purposes for which said lands are taken. The following are the descriptions of the individual Tracts comprising the land described in the perimeter descriptions 'SACT NO. 1 A eartain parcel of land with the buldigs thereon, together with all appurtenances belonging thereto, sit- uated in the Torre of Southold, in the County of Suffolk and the State of New York, being more particularly bounded and described as follows: Beginning at a stone bound on the southerly side of a public highway . at a corner of land of the -Fishers Island Estates;Inca and land of the United States of .America, known as "I. t. Prospect Reservation" which stone bound has coordinates N583.21 , W3,014..71 referred to reference mark . No. 2 of Wilderness Point O.P. as the Zero of coordinates the said reference mark Na. 2 bei a cooper disc stamped AAOP t (194Q ; thence \ from the stone bound at the point of beginning 101northerly along land of the said Mt. Prospect Reserva- tion in a direction perpendicular to the southerly bound line of said public highway; thence. in a general easterly direction along the south- erly boundary line of said public highway a distance of 180712 to the point of beginning of a new division - line through land of said Fishers Island Eatates;Inc; thence by the said new division line through the land of said Fishers Island Estatos; Inc.,S 726 031 E 1176.11 to a stake whose coordiantes are N4 9.61 W289.31 ; thence N 8010 091 E 190.9+ to the southwesterly corner of land of Max- well S. porter; thence by the land of said Porter N 670 441 E 222.5# to a corner of land of Nina V. D. Williams; thence by the land of said Williams in part and by land of- the Fishers Island Na#. Us;1zooS 740 451 9.184ti to the M.$ W. line of Long Island Sound; thence .in a general southerly direction by said M.H. . line of Long Island Sound 1531to a point at property cor- ner of lan4 of Clarence F. Bennett; thence by land of said Clarence F. Bennett 3 870 371 W 701j; thence 368° 221- W 374.9+; thence S 3010 '451 W 315.1" to a stone bound at the extreme westerly corner of the property of Clarence F. Belnnett# said atone bound having c oor- tea 3 12.5t: 17 310.41".; thence by 146d of said BannaLtt S 35° 041 E 40= to A point at the extremi northerly corner of Itad of Lillian n W# Franahot thence by said land: of .Franchot by a curve hav,- Ing a radiuo of 714.71 and deflecting to the right a dis tanc a of 3034.31 to the novtheestorly cornea of land of George J. SmAer, thus by landof bald Bander by the follow ng ,coms.esad ,dipsance s z westerly by a afire *YJz$ a,radius of 2610'571 and deflect AS to rig" a distance of 134.47s.41 60u sr3 st .by� a curve having a raus of daflecting to_the-' left a distawo of v 4 59.11{/; S 110 29, 30s W a distance of 78. 01 J; southwesterly by a -curve having a radius of 201.91 and deflect- ing to the left a distance of 48.471; S 2°-. 261 E a distance of 73.811; S 300 221 E a distance of 220t� to the H.H.W. of Long Island Sound; thence . in a general southwesterl direction by zaid M.H.VJ. line 435, to the pro- perty of C. W. Vanderpoa ;thence by land of said Vanderpool the following courses and distances: N 000 05+ ;V 571b thence by a curve having a radius of 841 and deflecting to the left a dis- tance of 85.71 ; N 580 38, 17 18.61 ; thence by a curve having a radius of 182.81 and deflecting to the left for a distance' of 157.21 ; S 720 131 W 200.11 to the extreme northerly corner of the lana of Francis W. Cole; thence by land of said Cole the following two courses: S 720 131 W 212.61 ; thence on a curve having a radius of 238.81 and deflecting to the left for a distance of 64.21 to a stone bound at the ex- treme northerly corner of the property of Charles Littlefield, said stone bound having coordinates "S 660.61 and W 17211 ; thence by land of Charles Littlefield the following courses and distances: On a curve having a radius" of 238.81 and deflecting to the left for a distance of 166,91 ; S 160 461 W 84.31 ; thence on' a curve. having a radius of 208.31 and deflecting to the right- for a distance of 47.11 ; thence S 450 251 E 1571 j to the M.H.W. line. of Long Island Sound; thence in a gen- eral, jicuthwestorlg and northwesterly direction along said Long Island Sound 10251j; thence about 11 560 00, til 240ti; thence in a general north- westerly direction 41.51E along the ' TS.H.W. line of Long Island Sound to the land belonging to the United States of America, known as, "Mt. Prospect Reservations; thence alon 9said Reser.., vat on bounds. line N 40 041 E 6021 to a concrete 'bound; thence along sail boundary line N 080 33+ V't 577.71 to a Concrete bound; thence still by, said boundary,13 ne N 23° 251 W 177.71 'to the point of boginn ng. Containing 60.52 acres, more or lege. ',ENACT NO� 2 riNr7Yw•YMI. Y A certain parcel of `land with the build- ings thereon, together with all appur- tenances belonging thereto, situated .in 3 the Town of Southold, in the County of Suffolk and the State of New York, be i iig more particularly bounded and described as follows: Beginning at a stone bound at the ex- trome northerly corner of the premises herein described and the extreme west- erly corner of land of Francis 11. Cole, said stone bound }caving coordinates South 660.61 and 1.4ost 17211 referred to re- ference mark lo. 2 of Wilderness Point O.P. as the Zero of coordinates, the said reference mark Yo. 2 being a cop- per disc stamped AAOP 2 (1940) ; thence along the land of said Cole S400 42= E 26111 to the 11. H. 'V1. line of Long Island Sound; thence in a southwest- erly direction along ' said H.H.W. line 26512 to land belonging to Fishers Island Estates,Ine. * thence by land of said Fishers Island Estates,Inc. N450 25t IV 1571 to a point; thence on a curve having a radius of 208.3t .and de- flecting to the left for a distance of 47.11 ; thence N 160 461 E 84.31 ; thence on a curve having a radius of 238.81 and deflecting to the right for a dis- tance of 166.91 to the point of be- ginning. Containing 1.39 acres, mors or less. TRACT NO. 3 A ,certain parcel of land vrith the build- Ings thereon, together with all appur- tenances belonging thereto, situated in the Tom. of Southold, in the County of Suffolk and the State of New York, being more particularly bounded and des- cribed as follows: Beginning at the extreme westerly eor- nor of the ,promises herein described and t1te extrume northerly corner of land of Charles Littlefield, at a stone bound bav : coordinates South 660.61 and Wast 17211 referred to reference mark Bo, -2 of Wilderness Point 0:P. as .the Zero of coordinates, the said reference mark No. 2 'J)eing a copper disc stamped AAO ' k (1940); t1wnce along land of the Fishers Island Estates,lne. on a ourve having a radius of '238.8+ and do- fleeting e-fleeting to the ri a tt for a distance of 64021 ; thence N ?V 13t E 212.61 to a point at the-extreme westerly corner of land belonging to C. W. Vande rpo o f; thence by land df said Vanderpool 3340 401 E 21811 to the U.H.Wo line of Long Island Sound; thence southwesterly a- s . long •said ti. H. W. line 2451f to the land of Charles Littlefield; thence by land of said Littlefield N 400 421 W. 261 t J to the point cif begs nning. Con- tain-Eng on-tain ng 1.36 acres, more or less. TRACT N0. 4 A certain parcel_pf land with the build- ings thereon, together with all appur- tenances belonging theroto, situated in the Town of Southold, in the County of Suffolk and the State of New York, be- ing more particularly ,bounded and des- cribed as follows: Beginning at the extreme westerly cor- ner of the premises herein described, said point being the extreme northeast-erly corner of the premises of Francis W. Cole; thence aloe land owned by the Fishers Island Estates,Inc. the follow- ing courses and distances : N 72° 1St .E 200.11 ; thence on a curve having- a ' radius of 182.at and deflecting to the right for a distance of 157.21 ; thence S 580 381 E 18.61 ; thence on a curve having a radius of 84t and deflecting to the right for a distance of '85.71 ; thence S00° 051 E 57 t f to` the 2d.H.11'Ue line of Long Island Sound; thence south- westerly along said Pk.H.W. . lino of Long Island Sound 290 �rancis to a point at property belonging to W*Cole; thence by said land of Colo N34° 40t W 218tj to the point of beginning. Con- tain ng 1.51 acres, more or loss. TRACT N0. 5 A certain parcel of land with the build ings thereon, together with all appur- tenances belonging thereto, situated in the Town. of Southold, in the County of Sutfolk# and the State of New York, be- more particularly bounded and des- orib as follows: : Benning at the extrema northeasterly ager Qf tho premises herein described , said polat beim 8350 041 1 401 from a state bound at the extreme westerly cor- neer of Und of Clarence F. Bo meat having as coordinates 512.5-1 W 310.41 referred to referoneo- mark No 2 of Wilderness Point O.P. as the Zero of eoordinatos,the said roferonco mark No. 2 being a copper disc stampod A,40P Q (194-0) ;' thence- by land of said Bennett 3340 041 E 2651 to _tho L.K.W. line of Long Island. Sound. _ .app thence southwesterly aloe .M.H.W.line of Long Island Sound 315, to land of George J. Bender; thence land of George J. Bender N. 310 let W 33011; _ thence northeasterly on a curve having a radius of 710.71 and deflecting to the- left for a distance of 303.31 to the point of beginning. Contain- ing 1.96 acres, more or less. TRACT NO. 6 A certain parcel of land with the build- ings thereon, together with all appur- tenances belonging thereto, situated in the Town of Southold, County of Suf- folk- and the State of Now York, being more particularly bounded and described as follows: Beginning at a point on the westerly boundary line of the premises herein des- cribed and at the northeasterly corner of land of Lillian We Franchot, said point being S 35° 041 E 40.Ot from a stone bound having as coordinates Be 12.51 and. W .310.41 referred to refer- once mark No. 2 of Wilderness Point 'O.P. as the zero of coordinates, the .said reforenco mark No. 2 bei a cropper disc stamped 1�AOP 2 (1940; thence a- long land of-the- Fishots Island Estates, Inc., the following courses and dis tances: N 350 041 VJ 40.010 N 300 45t B 316.1t , N 6180 221 E 374.9' , N 870 371 E 701 to the mean high water lino of Long Taland Sound; thence in a general southerly and southwesterly direction along said moan high water line 86511 to land of Lillian W. Franchot; thence by land of said Franchot N 340 041 W 2651/ to the point of beginning. Con- tain ng 5.38 acres, more or less. ITO. 8 4 _curtain parcel of land with the build- thereon together with all appur` tea as belonging thcroto, situated in the Town' of Southold, County of Suffolk and the Stato of Now Yorks beim more particularly bounded and described as -follows: r BeginAing at a 'point on the southerly boundary lime of a 401 road, said point b<eirW, the northeasterly corner of the premises herein described amd theox- 0 treme northwesterly corner of land now or formerly belonging to Lillian VJ. Franchot; thence running S 31° 181 E for a distance of 3301trto a point located on the mean high water line of Long Island Sound; thence turning and running in a southwesterly direc- tion along said mean high-water line for a distance of 28512 to a point; thence turnip;- and running N 300 221 IV for a distance of 22011 to a point; thence turning and running N 2° 261 "J for a distance of 73.811/ to a point of curve; thence turning and running in a northeasterly direction along the arc of a curve having a radius of 201.91 and deflecting to- wards the right for a distance of 48.4711 to a point; thence turning and running N 11° 291 3011 E for a dis- tance of 78.40+/ to a point of curve; thence continuing in a northeasterly direction along the are of a curve having a radius of 34.7912 and deflect- ing towards the right for a distance of 59.111J to another point of curve; thence turning and running in a southeasterly direction along the arc of a curve having a radius of 2614571. and deflecting towards the left for a distance of 134.47t/ to the point or place of beginning. Containing 2.30 acres, more or less. That the reputed- ovmers of the aforesaid lands and all persons,in so far as the petitioner has been able to ascertain, who are or may be entitled to any claim, lien or compensation with respect to the aforesaid lands being condonnned, together with their places of residence, are as follows: TRACT NO. - OVAIER - CLAIMANT ADDRESS 1 Fishers Island Estates, c/o Franklin M. Inc. Haines, 2 West 45th Street New York, N.Y. Ri hts if an of: The New York Trust 100 Broadway Company, mortgagee New York, N.Y. The People of the State See Paragraph VIII of New York, - unpaid Infra franchise taxes i -12- a TRACT NO. OWNER - CLAIMANT ADDRESS 1 (continued) County of Suffolk- See Paragraph VII unpaid taxes Infra Maxwell S. Porter- 222-224 Main Street adjoining owner New Britain, Conn, Nina V. D. Williams- c/o Herbert D. adjoining owner Williams, 120 Broadway,N.Y.C. Clarence F. Bennett 123 Forrest Street and Blanche H.Bennett- New Britain, Conn. adjoining owners Lillian til. Franchot- c% C.P.Franchot,Bsq. adjoining owner 60 East 42nd Street New York, IT.Y. George J. Bender- c/o Sage, Gray & ,adjoining owner Sims,. Esgs•, 49 Wall Street,N.Y.C. Cornelia W.Vanderpool - 768 Broad Street adjoining owner c/o Howard Savings Bank, Newark, N.J. Francis W, Cole- 750 Main Street adjoining owner Iiartford, Conn* Charles W.Littlefield 96 High Street & Georgie B. Little- Mountclair, N.J. field-' adjoining owners 2' Charles 1Y.Littlefield 96 High Street & Georgie B. Little- 11ountclair, N.J. field Reif of: County of Suffolk- See Paragraph VII: unpaid taxes Infra _ Fishers Island Estates,b/o Frani In-14' Int.-adjoining owner, Haines, covenants, '-agred&6ftts 2 West 45th Stree find: restrictions. New York, N.Y. Francis V1. Cole 750 Main Street adjoining owner Hartford, Conn. 3 Francis W. Cole 750 Kain Street Hartford, Conn. ,Ri&hts if an of: Countyof Su omi- See Paragraph VII unpaid taxes Infra -13- TPJiCT N0. CLAIMIANT - OWNER ADDRESS 3 (continued) Fishers Island Estates, c/o Franklin M. Inc.- adjoining owner, Haines, covenants and condi- 2 Nest 45th Street tions in deed New York, N.Y. Charles W. Littlefield 96 High Street & Georgie B. Little- Mountclair, N.J. field- adjoining owners Cornelia. W. Vanderpool- c/o Howard Savings adjoining owner Institution, 768 Broad Street, Newark, N.J. 4 Cornelia IV. Vanderpool c/o Howard Savings _ Institution, 768 Broad Street, Newark, N.J. • Rights, if anZ, of: County of Suffolk- See Paragraph VII unpaid taxes Infra Fishers Island Estates, c/o Franklin M. Inc .- adjoining owner, Haines, reservations & coven- 2 Nest 45th Street ants in deed New York, N.Y. ' k Francis 14. Cole-adjoin- 750 P,iain Street ing owner Hartford, Conn. 5 Lillian 17. Franchot c% C.P.Franchot 60 East 42nd St. New York, N.Y. Rights, if any, of: County of Suffolk- See Paragraph VII unpaid taxes Infra Fishers Island Estates, c/o Franklin M. Inc.- adjoining owner, Haines, restrictions & condi- 2 West 45th Street tions in deed New York, N.Y.. Manufacturers & Traders Main & Swan Sts. , Trust Company-mortgagee Buffalo, N.Y. ' Clarence F. Bennett 123 Forrest St.. & Blanche H.Bennett- New Britian, Corin.. ad j o�.ning owners 6 Clarence F. Bennett 123 Forrest St. w Blanche H.Bennett New Britian, Conn.. RiGhts,-6 if any, of: County of Si i fro= See Paragraph VII unpaid taxes Infra Lillian IV. Franchot- c/o C.P.Pranchot adjoining owner 60. East 42nd -St. ., , New York, -N.Y. R., -14- TRACT NO. CL11,111M - MITER ADDRESS 6 (continued) Fishers Island Estates, c/o Franklin M. Inc- adjoining owner, Haines, covenants &, conditions 2 West 45th Street in deed New York, N.Y. 8 George J. Bender c/o Sage, Gray Fc -$ims,Esgs. , 49 Udall Street," New York, N.Y. Rights, if any, of: County of Suffolk- See Paragraph VII unpaid taxes Infra Lillian VV. Franchot= c/o C.P.Franchot adjoining owner 60 East 42nd Street New York, N.Y. Fishers Island Estates, c/o Franklin Psi. Inc. - adjoining owner, Haines, covenants & condi- 2 West 45th Street tions in deed. New York, N.Y. VI. That the estate in said lands which the United States of America intends by this proceeding to ac- quire for the public use hereinbefore stated is an estate in .fee simple absolute and intending to include all buildings and structures thereon which are part of the realty, except removable fixtures, and all appurtenances thereunto belonging, together with all riparian rights appurtenant thereto, subject, however, to existing ease- ments for public roads and highways, for public utilities, i for railroads and for pipe lines and further subject to easements heretofore granted to the Fishers Island Estates, Inc. for the purpose of constructing and maintaining power and telephone lines in, across, over and upon the said lands substantially along lines as shown on the plat of Wilderness Point Site prepared by the U. S. Engineer Office. VII. That the Town of Southold and County of Suffolk are made parties defendant herein for any in- terest they may have in or against the lands described in -15- .m S _ Paragraph IV for any and all unpaid or general taxes and assessments of any nature or description, due or which may become due prior to the transfer of title to said lands to the petitioner, as well as any and' all interest or claim arising out of the sale of any--tax sale certi- ficates affecting the said property. VIII. That the People of the State of New York are made a party defendant for the reason that they may ,. have some right, title or interest in and to so much of the land hereinbefore described as lies below the low water mark of .Lorgg Island Sound and Block Island Sound, the exact nature `of which or its location by metes and bounds is unknown to the petitioners, and for the further reason that there are or may be corporate or franchise taxes due and owing from the corporate defendant speci- fically described and set out in Paragraph V. IX. That it has been determined by the Secretary of Jar that the immediate use and possession of the lands described in this petition are vital and necessary for the successful prosecution of the 17ar and has requested that an order of this Court be obtained granting the UnitedStates of America such immediate pos- session and use of the said lands, pursuant to the pro- visions of Sections 171 and 171a,' Title 50 U. S. C. and the Acts of Congress aforesaid. X. That upon information and belief all the individual defendants are of full age and sound mind and none is an infant, lunatic, ;idiot or habitual: drunkard or has been adjudged a bankrupt. VJF4RE, your petitioner respectfully prays H',. , rabie court: s 1. That an order may bb made and entered herein granting to the petitioner4-plaifh- tiff, the United States of America, the immediate possenzion an use of all the land described in thin petition, pursuant to the provisions of ;sections. 171 and 17la, Title 50, U.S.C. enc parte, and without notice to any of the defendants named here in. 2. That it may adjudge that the public use requires the condemnation of the real -pro- perty hereinbefore doscribe4v 3. That, it may adjudge that the petitioner is entitled to take and hold such property I for. the public use hereinbefore described and specified upon making compensation f' therefor; . 4. That it may adjudge the fair market value f and the just compenaption to be made and 1 awarded by the petitioner-plaintiff for the land and improvements and appurten- ances thereunto belonging; 5. That there be taken such action and that there be passed such orders, decrees and judgments as may be necessary or proper, fully to effectuate the objects of the aforesaid Acts of Congress, in so far as they relate to the acquisition of the above particularly described lands, and cause the lands described in this petition to be condemned and taken by the United States . of America and the absolute and unqualified title in fee simple therein.. free from all liens, encumbrances, charges, servitudes, restrictions and covenants whatsoever, except as specifically sat forth in Paragraph VI to vest in the United States of America; and the Court shall order distribution of the compen- sation to the parties thereto entitled, accords to their respective rights, interests and ownerships; and 6. That it grant such other and further re- lief as the nature of the case may re- quire THE UNITED STATES OF AMERICA By_ W.RRY T. DOLAN HARRY T. DOLAN Special Assistant to the At- torney General of the United States of America, Attorney for Petitioner Office & Post Office Address 305 Washington Street, . Brooklyn, Now York, N,Y - STATE OF ITM YORK }- SS. : COUNTY OF KII'.GS ) MUM T. DOLAN.. being duly sworn, de- poses and says that he is a Special Assistant 'to the Attorney General of the United States; That he has read the foregoing Amended Petition and knows the contents thereof', that the same is true to his own knowledge except as to th6so matters therein stated to be alleged upon information and belief, and as to those matters the believes it-,to be true. y , TARRY ,T. 'DOLAN Sworn to before rae this _ 30th day of September, 1943. 4�THEL FIAL UN., ETHIM FIALIil"N Notary Public Dronx County Bron: County Clerk' s No. 143 N.Y.Co.Clkts No. 607, Reg.!1o.387F5 Kin-s County Clerkts No. 48 Tarn. Expires ::larch 30,, 1945 e. s Y 7g.'3 tz 3 UNITED STAB DISTRICT COURT EASTEWT DISTRICT OF NEW YORK - - - - - - - - - UNITED STATES OF AlERICA, Petitioner-Plaintiff, - versus - No, C. P 31 0.16 of an acre of land, more or less, situate in the Town of Southold, County N 0 T I C E of Suffolk, State of New Yor , d Fishers Island•Estates, Inti,; TOM Or Southold, County of Suffopjki $ Statio of New York, Defendants. - - - - • - - - - - - • - - - x TO THE DEFENDANTS ABOVE NAMED AND EACH OF THEM: PLEASE TAKE NOTICE that the petition of the United States of America,.a . * of which is hereto annexed and herewith served upon you, has been duly filed in the office of the Clerk of i the United States District Court for the Eastern District of New York and will be presented to the District Court of the United States for the Eastern District of New York, located in.the United States Courts and Post Office Building at No. 271 Washington Street in the Borough of Brooklyno• City, State and Eastern District of New York at a term thereof appointed to be held for the hearing of motions on the 15th day of September, 1943 at 1000 o'clock in'the forenoon of G 1 that day, or as soon t1rereafter as counsel can be heard, and a motion , will then be made for a Judgment of Condemnati-on adjudicating that I the public use requires the condemnation of the pespetual eapement a described in said Petition and for a judicial determination of the fair market value and just compensation to be made therefor, -and for such other and further relief as may be just and proper. t Alf bac XS�P. W'T„y" AND TAKE FITPTHEM YOTICE that you may appear or inter- nose an answer to said Petition on or before the said 15th day of September, 1943, and if you appear or answer a copy of the notice of appearance or answer•must be served upon the attorney for the petitioner'. Dated: Brooklyn, New York, N.Y. May 26, 1943. Youars,,v a to..' HARRY T. DOLAN Special Assistant to the Attorney General, Attorney for Petitioner, Office do Posh Office Address, ! ,:05 Washingtcr_ Vtr. eet, Lrocklyn, New York, N. Y. f y -2- ��, UNITED STATES DISTRICT COURT EASTME N DISTRICT OF NEJ YORK UNITED STATES OF AIERICA 110, C.P. 31 Petitioner-Plaintiff versus - P E T I T I O N 0.16 of an „ere of Land, more or less, situate in the Town of ;outhold, County of Suffolk, State of New York, and Fishers Island ;states, Inc, , Town of Southold, Bounty -of Suffolk; State of New York, Defendants, TO TIE UNITED ST:,TES DISTRICT COURT FOR TR-'s EASTERN DISTRICT OF ',.MV.YORK The petition of the United States of America brou„ht by Earry T. Dolan, Special t,,ssistant to tha ;attorney General of the Lu ted States, residinr in the City and State of New York, and whose Post Office .'.ddress is 305 Washi�;ton Street, Brooklyn, New York, N.Y., acting, under the instructions. of the r ttorney General of the United States and upon the request of ths- Secretary of Star of the United States, respectfully shows T I. That the United. States of wmerica is a sovereign nation* r s 4 II. That the Seoretary of 174r of the United States, pursuant to and actino under the Second Mar Powers .1,6ct approved tYarch 27, 1942 (,Public Law 507 - 77th. Congress and the .'.ct of Con,ress approved (P � ) t” P: February 26, 1931 (46 Stat. 1421, 40 U. S. C. sec. 258a) and acts supplementary thereto and amendatory thereof, and under the further authority of the 1 ct of Congress approved l ugus t 18, 1890 (26 Stat. k 316) as amended by tha ,;,cts of Congress approved July 2, 1917 (40 Stat. 241), .A&Wil- 110 1918 440 Stat. 518, 50 U.S.C. sec. 171), and the act of Congress approved September 9, 1940 (Public AIo. 781 - 76th Congress) has found end determined that it is ncaossary to acquire a perpetual easement for the location, construction, maintenance, operation, and patrol of a water main in, over, across and under the land de- scribed in Paragraph IV for military purposes and that immediate pos- session thereof be obtained. III, That- the- Secretary of War, pursuant to and acting under the authority of the Acts of Congress, as aforesaid, has determined -and is of the opinion that it is necessary and advantageous that the United States of America acquire, as set forth in Paragraph VI, by condemnation under judicial process for the pub- lie uso•, a perpetual eusemnt ft the location, construction, main- tenance, operation and patrol of a water main in, over, across and under the land particularly described in Paragraph IV for immediate use. IV. That the lands affected by this proceeding are, located in the Torn of Southold, County,; of Suffolk, State of New York, and. a specific description of said lands and their lonati-n by metes and bounds is as foilows , TRACT NO,- 7 A certain pa roel of land situated in the Town of Southold, County of Suffolk, State . , . of New York, bounded and described as follows, Beginning at a point 320.15 feet, more or less, distant in a Southeasterly direction from the extreme Northwesterly corner of hnd belonging to the United States of America, and knovei as Tract No. 1, being on the Southerly boundary line of a private highway; thence turning and ' running in a nTorthwesterly direction by an interior angle of 45° 55t 30" , from the last mentioned course, across said highway, for a distance of 40 feet, more or less, to a point; thence continuing along the above-mentioned course for a distance of 422 feet, more or less, to the center line of an existing water main thence turning and running in a Southeaster- ly direction along said center line for a distance of 17 -feet, more or less; thence turning and run- nine in a Southeasterly direction and parallel to the first mentioned course for a distance of . 467 feet, more or less, to a point located on «4. the, Southerly boundary line of a private highway; thence turning and running in a Northwesterly direction along said Souther- ly boundary line for a distance of 19.5 feet, more or less , to the point or place of be- ginning. J Containing .16 of an acre, more or less. V. That tho-r-oputed owner of the aforesaid land so far as. the pe titioncr has bean able to ascertain, who is or may be entitled to any claim, lien or compensation with respect to the aforesaid perpetual easement being condemned, is as follows: Fishers Island Estates, Inc. c% Franklin W. Haines 2 West 45tX Streot New York, N. Y. VI. That the estate insaid lands which the United States of America intendsby this proceeding to acquire for t vO* . lic use hereinbefore stated, is a perpetual easement for the location, construction, maintenance, operation, and patrol of a water main in, ovor, across and =der the lea& d***Kbsd herein. toke*e r all buildings thereon axad all aappotenzwea :therato* . i x VII. That the Tom of Southold and County of Suffolk are made parties defendant herein for any interest they may have in : or against the lands described in Paragraph IV for any and all -unpaid local or general taxes and assessments of any nature or deseription, due or which may become due prior to the transfer of title to said lands to the petitioner, as well as for any and all interest or claim arising out` of the sale of any tax sale certificates affecting the 41 said property. VIII. That the People of the State of New York are made a party defendant herein for the reason that there are or may be r' corporate taxesdue and owing from the defendant specifically described . and set out in Paragraph V or their predecessors in interest and for no other reason. f IX. That it has been determined by the Secretary of War that the immediate use and possession of the perpetu4I-ea*e- ment for the location, construction, maintenance, operation and patrol of a water main in, over, across and under the lands described in this Petition are vital and necessary for the successful prosecu- tion of the War and has requested that a Judgment on the Declaration of Taking be obtained Rranting to the United States of America such immediate use and possession of said perpetual easement pursuant to the provisions of Sections 171 and 171a, Title 50, Q.S.C. and the Acts of Congress aforesaid. X. That upon information and belief all the in- dividual defendants are of full age and sound mind and none is an infant, lunatic, idiot -car babi'%a3 drw*otrd or has beenatij "dI.- bankrup t. 1MREFORE, your petitioner r espe ctfully prays this Horwrable Court 1. That a Judgment on the_ Declaration' of 'Tiking maj be made and entered herein granting the Mitioner.«Piaintiff; the UnitedStatee of America, the immediate possession and use of the perpetual easement described in this petition, pursuant to the provisions,of Sections 171 and 171a, Title 50 U.S.C. ex parte and without notice of any of the de- fendants named herein. 2. That it may adjudge that the public use re- quires the condemnation of the perpetual easement hereinbefore described. 3. That it may adjudge that the petitioner is entitled to take and hold such property for the public use hereinbefore described and specified upon making compensation therefor. 4. That it may adjudge the fair market value and the just compensation to be made and awarded by the petitioner-plaintiff for the property hereinbefore described. -S- a 5. That there be taken such action and that there be passed such orders, decrees and judgments as may be necessary or proper fully to effectu- ate the objects of the aforesaid Acts of Con- gress, in so far as they relate to the ac- quisition of the above particularly described perpetual easement and_ cause the property de- scribed in this petition to be condemned and taken by_the United States of America; and the , Court shall order distrivtion of the compensa- tion to the parties thereto entitled, accord- ing to their respective rights, interests and ownerships. 6. That it grant, such other and further relief as the nature of the case may require* THE UNITED STATES OF AMERICA By: DOLAN .,. Harry.T, Dolan General of the United Stat€��;,�`-� Attorney for Petitioner, Office & Post Office Address, 305 Washington Street, Brooklyn, New York, N. Y. IF 41 STATE OF NEW YORK) ) SS: COUNTY OF KINGS ) j HARRY T. DOIJN, being duly sworn, deposes and says: That he is a Special Assistant to the .attorney General of the United States. That he h .s read the fore6oinL petition and knows the contents thereof; that the same is true to his own knowledge, except as to those matters therein stated to be allebed upon in- formation and belief, and as to those matters he believes it to be true. ! '►RRY T. DOLWT Sworn to before me this mak: day ofe 143. • ETHEL FII LKIN ETHEL FIALKIPt Notary Public Bronx County Clerk's No. 143 Kinds County Clarks No, 48 Commission expires 3/30/45 I i o-? ' ""k'y� a #'W?.;' .1h' �,4.e?.3s.'�tbr ,*sak r . itom` z s" C.p. 31 UNITED STATES DISTRICT COURT : EASTERN DISTRICT OF NEW YORK y UNITED STATES OF AMERICF , - Petitioner-Plaintiff, - versus .16 of an acre of land, more or less, situate in the Town of Southold, County of Suffolk, State of $dw York, and Fishers Island Estates, Inc., et al, Defendants. Al NOTICS AND PETITIOR IN �CONDMMATItff qj j� M RRY T. DOLtiN Special Assistant to the attorney _ General Attorney f or Petitioner Office O do P. 0. Address 305 Washington Street .r Brocklyn, N. y, M UNITED STATES DISTRICT COURT EASTERN : 1STRT= OP NEW YORK UNITED STATES of AMERICA, Petitioner-Plaintiff -versus No. C.P.]�, 94.42 acres of Land, more or less, at _ Fishers Island,- Town of 3owthold, County NOTICE OF of Suffolk, state of New York, and MOTION Fishers Island Estates, Inc: , The, New York Trust Company, Charles W. Littlefield, Georgie B. Littlefield, Francis W. Cole, Cornelia W, Vanderpool, Manufacturers and. Traderp Trust Company, Clarence F. Bennett, Blanche H. Bennett, George J. Bender, Maxwell 4. Porter, .N1aa, V. D. Williams, Town of Southold, County of Suffolk, People of the State of New York, Defendants. ------------------------- S I R S s PLEASE TAKE NOTICE that upon the petition of the Petitioner-Plaintiff herein verified December 4, 1942, the Declaration of Taking- No. I dated February 22, 1943, the' JudgMent on Declaration of Taking No. I ' dated 'Ibmch 5, the l ec _ ration of Taking No.r 2 dated March 1, 1943, the Judgment on,Dedlf�ration of flaking No. 2 dated March 15, 1944 the Order. by, jol in additional, defendants dated July 1, . 3.50, the Order. dated July 9, 143' directing Clerk to pay morayon depoelt. o Francl.s. W.. Cole, the Amended Petition of the Plaintiff-Petitioner herein veri- fled Septesmbsr 30 1943, the Answer of the ,defendant, Maxwell 3, Porter, verified November 3, 1943, Notice of, settlement of the proposed Judgment of Condemnation dated November ll, 1943, proposed.Judgment of Condemnation, Notice of settlement of proposed counter Judgment of Con- demnation dated November 15, 1943, proposed counter 5 Judgment of Condemnation, and Judgment of Condemnation signed by Hon. Mortimer W. Byers dated November 16, 1943 adjudicating that the public, use required the condemnation of real property described in the Amended Petition, all heretofore filed herein; and upon the affidavit of Carl H. Parks, sworn to January 7, 1944, and upon all the papers, pleadings, files, proceedings and admissions herein,.. the undersigned will move this Court at a term thereof appointed to be held for the hearing of motions in the United States Courts and Post Of flee Building 'at No. 271 Washington Street, Borough of Brooklyn, City, State and Eastern Die- trict of New York, on the 26th day of January, 1944 at 10 :30 o' clock in the forenoon of that day, or as soon thereafter as counsel can be heard, (l) for a modification of the Judgment of Con. demnation herein in the following respects, to wit : by inserting on page 3, line 1, of said judgment after the words "none of whom" the followingt #except Maxwell S. Porter by Jackson, Nash, Brophy, Barringer & Brooks, Esgs. " by deleting on page 3, lines 5 and 6, of said judgment after the words "Edgar F. Hazelton, Esq. " the following: "Maxwell S. Porter by Jackson, Nash, Brophy, Barringer & Brooks, Esgs. " by inserting on page 3 of sa-ldd Judgment, after the words Vanufacturers & Treders Trust Company" In lines 9 and 10, the following paragraph; _2_ E "That two copies of a verified answer by the defendant, Maxwell S. Porter, having been duly served upon the petitioner- plaintiff and due proof of the service thereof having been duly filed herein, all in compliance with the 'lae► and statutes in such case made and prOvide4j, and the amended noose and petition in condemnation, " by inserting on page 3, line 12, of said Judg- ment after the words "annexed hereto" the following:. daih4 the 44swer of the detthdant 1 Maxwell S .Porter, " by`4eletiMg on page 3, isnes 14 and 15 of said Judgment the following! "the Acts of Congress, aforesaid, the petitidner--pierintitf is entitM tb the relief prayed 'or' and no ,objedtian having bye en mads ' and inserting therefor the following: "the Constitiltion of the United States, the Constituiion of the 3tatte of New York, Acts of Congress aforesaid, and the Statutes of the State of New York, the defendant, Maxwell S. Porter, . is entitled to the relief prayed for In his answer and the petitioner-plalntiff Is entitled to the relief prayed for In its `,Amended petition., subject to the said" relief to which the defendant, Maxw ll S. Porter, is entitled,." by inserting on page 3, second list- line of chid Judgment afaet the words "U.S. Fngineer Office" , and before the words Nit is further" the following: "ter ther *ith rights in t)roperty hereto- the owned 1�y the defendant, Maxwell Porter' and de scrib�d In his insaer verified; 146*6 fiber 3, - X943 and filed herein, in the subject land described ' in the Amended Petition as 'tracts Nos. 1., 3 and 8" by inserting &fter the last paragraph on page 3 of said ,judgment the following paragraph; f s i F "ORDERED, ADJUDGED and DECREED that the said rights in property heretofore owned by the defendant, Maxwell S. Porter, are ap- htennt to saids d answe that landhim d isadjoins and Is contiguous to_the subject land described iti the Aoeft led Petitioh in condemnation, and that the public use requires the condemnation of said rights In property appurtenant to the e lid land owned 'by 'the defendant, Maxwell S, Porter, and It is further" by deleting on page 2, lines 15 and 16 and on , page 7, lines 7 and 8, of the said Judgment, the words and figures "Forty-one Thousand and 00/100 (41,000) Dollars" and inserting therefor the followings "Forty,one Thousand One ,Hundred and 00/100 .(41,100). Dollars" by Inserting on page 7, line 15 of the said Judgment after the words "described as aforesaid" the followings "including the rights in property described as aforesaid, " by inserting on page 7, line 20 of said Judgment after the words "lien,, clalm and equity" the- following: hefollowing: "Including the rights in property described as aforesaid, " by inserting on page 7, line 21 of said Judgment after the words "Just ' compensation •therefor" the rollowingt "and upon making just :compensation to the ` defendant, Maxwell S. Porter, for damages to the land of said defendant rersrred to and described in his said answer, e remainder of said Aefendant' s property, resulting •from, the taking for military purposes, the necessary construction and installation therefor, embracing, of course, injury due to the use to which the part taken is to;be devoted, with interest on the compensation for the. aforesaid -4, 1- i= r rights in property and for said damages to the said land at the rate of ,six per centum (6%) per annum on the amount 'ffinally award- - ed as the value of the rights in property and for the said damages as of the date of taking, from said date to the date of pay- ment, together with all costs, additional allowance of costs and expenses to which said defendant will reasonably be put in the proving of title and damages herein necessarily incurred and sustained by the defendant, pursuant to requi-rements of the law and of the statutes and pursuant to which the proceeding herein is authorized and directed, including particularly but without limitation section 16 of the New York Condemnation Law, being Chapter 73 of the Consolidated Laws of the State of New York" by deleting on page 7, line. 24 of said Judg- ment of ter . the words "effectuate the objects of the" the following; "Acts of Congress" and inserting therefor the following; "Constitution of the United States, the Constitution of the State of New York, Acts ofCongress, aforesaid, and the statutes of the State of New York, " so that the Judgment of Condemnation be in the form of Judgment of condemnation hereto attached, for the reason that said Judgment of Condemnation herein is inconsistent with substantial justice; or, in the alternative, (Z) for judgment in favor of the defendant, Maxwell S. Porter, and against the above named Petitioner- Plaintiff, for the relief praYed for in the answer herein of said .defendant, and for a modification to that extent of the Judgment of Condemnation heretofore entered herein, so that the JuOgment of Condemnation be in the form of the Judgment of Condemnation hereto attached, pursuant to Rules 56 and 61 of the Federal Rules of Civil Procedure, because the aforesaid papers, pleadings_, files, proceedings, and admissions show. that there is I V i L i- ` g no genuine issue as to any material fact alleged in the aforesaid answer and that the above named defendant, Maxwell S. Porter, is entitled to a judgment for the .relief prayed for in his said answer as a matter of law, and that the said Judgment ,of Condemnation heretofore entered her�ln is inoonslatent with substantial justice; or, in the alternative, (3) to vacate the Judgment of Condemnation heretofore entered herein, for the said Judgment of Condemnation is inconsistent with substantial justice; -or, in the alternative, (4) to vacate the Judgment of Condemnation heretofore entered herein for an error of law apparent on the face of the record of the pleadings and proceed- ings or, in the alternative, (5) for such other relief as the Court may deem gust and proper, with costs and disbursements. Dated, New York, N. Y. January 7, 1944. Yours, etc ; , JACFC$ON;NA$H,BROPHY,HRIN(SER & BROOKS Attorneys for defendant, Maxwell S. Porter, Office & Post Offloe Address No, 15 Broad Street New York, 5, new York TO: HARRY T . DOLAN, 'ESQ. special Assistant to the Attorney General of the United States, Attorney for Petitioner Office & Post Office Address 305 Washingtgn Street Brooklyn 1, New York, N.Y, F 1= r a MORAN, GALLI & McGLINN, ESQS , , Attorneys for Francis W. Cole 55 John Street New York, N. Y. SAGE, GRAY,` TODD & SIMS, E SQS . , Attorneys for Fishers Island Estates,_ Inc. George J. Bender 49 Wall street . New York, N Y,' EDGAR F, HAZLETON, ESQ._., - Attorney for County of- Suffolk, New York Avenue Huntington, N.. Y. WHITE & CASE, VS. , Attorneys for The. New York frust Company, 14 Wall Street New York, N. Y. NATHANIEL L. GOLDSTEI98 ES;., Attorney General of the State of New York, 80 Centre Street New York, N. Y. TOWN OF SOUTHOLD, =_ c/o Russel L. Davisoh, Town Clerk, Southold, L.I. , N. fit. MANUFACTURERS AND TRADERS TRUST COMPANY, Main & Swan Streets; Buffalo, N, Y. LILLIAN W FRANCHOT, c/o C.P,Franchot, Edgo , 60 East 42nd Street New, York, N, Y. NINA V. D W114-IAMB}* - c/o Herbert D, Williams] 120 Brohdway., New Yorli, N. Y µ7- 1 r f 1_ 1= `s UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------- ------------------------------- ----- UNITED STATES OF AMERICA, Petitloner-plaintiff -versus- 94.42 acres of land, more or less, at Fishers Island, Town• of Southold, County of Suffolk, State of New York, and Fishers Island Estates, Inc . , The New AFFIDAVIT York Trust Company, Charles W, Littlefield, Georgie B. Littlefield, Francis W. Cole, Cornelia W. Vanderpool, Manufacturers and Traders Trust Company, Clarence F. Bennett, ; Blanche H. Bennett, George J. Bender, Maxwell S. Porter, Nina V. D. Williams, Town of Southold, County of Suffolk, s People of the State of New York, Defendants , ----'+------------ --------------------------- STATE ---- �------------------Mra1 STATE OF NEW YORK ) Z88 . ; COUNTY OF NEW YORK ) CARL H. PARKS, being duly sworn, deposes and says: 1. That he is an attorney and counsellor at law associated with Jackeon,Nash,Brophy,Barringer & Brooks, - attorneys for the defendant, Maxwell $. Porter, and is familiar with the proceedings herein. 2. That the judgment dated March 5, 1943 on Declaration of Making No. , l prpvidea In effect that the title to land described in said Declaration vested in fee simple absolute -An the United States of America upon the tiling of. Declaration and deposit in Court of $28,000., that the right to just compensation vested in the persons entitled thereto, and that the amount of compensation should be ascertained and awarded in this proceeding and. estab- lished by Judgment herein pursuant to lava. f 3. That the Judgment dated March 15, 1943 on Declaration of Taking No. 2 provided in effect that the title to land described in said Declaration vested in fee simple absolute in 'the United $testes of America upon the filing of the Declaration and deposit in Court of $41,100. and that the right to Duet compensation vested in the persons entitled thereto, -and that the amount of compensa- tion should be ascertained and awarded in this proceeding and established by judgment herein pursuant to law. 4. That the order dated July 1, 1943 included In this proceeding as parties defendants the following; The New York Trust Company, Cornelia W. Vanderpool, Lillian W. Franohot, Manufacturers & Traders Trust Company, Clarence F, Bennett & Blanche H. Bennett, his wife, George J. Bender, Maxwell S. Porter and. Nina V. D. Williams. 5. That the order dated July 9-, 1943 directed the Clerk of this ,Court to pay $28,000, the entire amount on deposit for Tract No. 3, to the' puarported owner of Tract No. 3, Francis W, Cole . 6. That paragraph IV of the Amended petition verified September 30, 1943 in describing the lands to be condemned and the reputed owners of Tract No 1 and'all persons who are or may be entitled to any claim, lien or compensation with respect to said tract sets forth Maxwell S. Porter adjoining owner, yet in describing the reputed owners of traots No. 3 and No. 8 and all persons who are -or may be entitled to any claim, lien or ,compe¢nsation -with respect to said tracts Oets forth Fishers Islands Estates, Inc. - adjoining owner, covenants and conditions in deed, 1- L 7. That the answer of the defendant, Maxwell S. Porter, verified November 3, 1943 sets forth certain rights In property and prays for damages to said rights in the. condemned property together with all damages to remainder of defendant's property resulting from the taking of the condemned property for military purposes, that proof of his claim, for damages be -heard, that just compensation be made, and that defendant have such other and further re- lief as to the Court may seem just and proper. B. , That the Judgment of Condemnation heretofore . entered herein expressly adjudicates rights in only lands described in the Amended Petition as Tracts Nos. 11 3 and 8 and for making just compensation therefor, that the de- scription of said lands in paragraph IV of said Amended Patition, does not expressly include rights in property .belonging to the defendant, Maxwell S. Porter, as adjoining ,owner. of condemned property as alleged and set forth in hie answer, although the Amended Petition does expresslyin- elude similar rights belonging to the defendant, Fishers Island Estate0i Ino . as adjoining owner of Tracts Nos . 3 and 8, that the ,said Judgment of Condemnation does not expressly adjudicate that the defendant, Maxwell S. Porter, has any rights in property, and reeltes that none of the defendante, denies, disputes or opposes the relief prWed for in the Amended Petition although the defendant,, Maxwell S. Porter, duly served and filed an answer denying certain allegations in paragraph IV of the Amended Peti- t'lon -and vetting up an affirmative defense and the said defendant, Maxwell S. Porter, by his said answer, in- effect denies, disputes and opposes .the relief prayed for in the .Amended petition. _3. , 9. That no previous application has been made for the relief sought herein. Wherefore your deponent asks that the ,judgment of condemnation heretofore .entered herein be modified so that the Judgment be in the form of the Judgment of con- demnation hereto attached, or, in the alternative that the said judgment of condemnation heretofore entered herein be vacated with costs and disbursements . Sworn to before me. this 11th day of January,, 1944. CARL H. PARKS.. PHILIP HUETWOHL Notary public Kings Co.42, Reg.4040 Certificate Filed in N.Y.Co .5380 Aeg.4H-287 Commission Expires Mar. 30,1944 -4- i At a Stated Term of the District Court of the United States, held in and for the Eastern District of New - York, at the United States Court House, Borough of Brooklyn, City and State of New York on the -day of January, 19449" PRE8E •NT HON. MORT IMER W, BYERS, District Judge. } -----------------. ------ UNITED STATES OF AMERICA, Petitioner-Plaintiff, Lversus- NO. C.P. 13 94.42 acres of land,' more or less, at: Fishers Island, Town �of Southold, County JUDGMENT OF of Suffolk, .State of New York, and h6hers CONDEMNATION. Island Estates j„ Inc. , The New YOk Tr'ist Company, Charld$_ W, Littlefield Georgie B. Littlefield, Francis W. Cole, Cornelia Tracts Nos. 1, W. Vanderpool, Manufacturers and Traders 3 and 8 Trust Company, Clarenoe F. Bennett, Blanche H. Bennett, Georgb J. $ender, Maxwell, 8. Porter, Nina V. P. Willis, Town of South- old, County of Suffolk, People of the State of New York, Defendants. ------------------------ The petitioner-plaintIff, the United States of America, having appli1ed to this Court, pursuant to the auth- ority of the $Gdond War Powers Act approved March 27, 1942 (Public Law 507 -, 77th Congress) and under the further auU.- ority of the Act of Congress approved August 18, 1890 (26" Stat. 316) , at 'amended by the Acts df Congress approved July 2, 1917 (40 atat.. 241,) , April 11, 1918 (40 ,Stat. 518, 50 U.S.C. seo. x,71) _ani!, the Act of Congress apprdved September 9, 1940 (Publi6 Law 781 - 76th° Congrbss) upon its Amended Notice and. Petiti6n in Condemnation duly verified the 30th day of September, l94�, for an ad�udieatlon that s the public use requires the condemnation of certain real property situate in the Town of Southold, County of Suffolk, State of New York, for military purposes, and that, the United States of America is entitled to have and to hold such property for the public usej and it appearing That on the 4th day of March, 1943, the petitioner plaintiff duly tiled in the office of the Clerk of the Unite States District Court for the Eastern District of New York, Declaration of Taking No. 1 dated the 22nd day of February, 1943, executed by the Hon. Henry L. Stimson,Secretary of War declaring that the public use requires the condemnation of Tract No, 3 therein described and that simultaneously there- with deposited the sum of Twenty-eight Thousand and 00/100 ($28,000.00) Dollars as the estimated just compensation therefor; and on the 15th day of March, 1943, the said petitioner-plaintiff duly filed in said Clerk's offlae Declaration of Taking No . 2 dated the lst day of March, 1943 executed by the Hon . Henry' L. Stimson, Secretary of War, declaring that the public use requires the condemnation of Tracts No, 1 and 8 therein described and that simultaneously therewith deposited the sum of Forty,one Thousand One Hundred and 00/140 ,($41,100.00) Dollars as the estimated Just compensation thorefor. That on the 5th day of March, 1943, a Judgment on Declaration of Taking. No. l was duly entered and filed in this Court and on the 15th day -of March, 1943, a Judgment on Declaration of Taking No. 2 was duly entered and filed In this Court, both instruments' adjudicating that title to the lands described therein vested in the United States of America. That a copy of said •mended�N#t ,ca and Petition in Condemnation having been 'duly sere urn_ all of the defendants herein who owne&-or ciaims.4 to own -some right, title, interest. or lien upon the st%b4'�ot property, and due proof of the' sery ce thereof havUWbeen duly filed herein, all in compliance with the law anti st a#� tt es in such cos e made, and provided, and the application having come on to be heard before this Court on the- 3rd day of November, 1943, and the following defendants having' appeared ,by their respeo- tide attorneys; none of whom, except Maxwell S. Porter by Jackson, Nash, Brophy, Barringer & brooks, Esgs; , denies, disputes or opposes the relief prayed for in said- Amended - Notice and Petition, to wit' Francis W. Cole by,.Moran, Galli & McGlinn, Esgs.'; Fishers Island Estates, Inc, _and-`George J. Bender by Sage, Gray, Todd & Sims, Fs4s.. Comty "of Suffolk by Edgar F. Hazleton, Esq. ; The New York Tit Com- pany by White and Case, Esgs. ; and the following defendants having defaulted in appearances The People of. the- State of New York, Town of Southold, Dina V. II. Williams, Lilll 'an "W. Franohot, Manufacturer* & Traders Trust Company, That two copies of a verified answer by the defendant, 'Maxwell S. Porter, having been duly served upon the peti- tioner-plaintiff and due proof of the service, thereof having , been duly filed herein, .all in compliance with the law and statutes in such case made and provided, and the amended notice and petition in condemnation, N 0 W, upon reading and filing the Amended Petition and the Notice annexed thereto, and the answer of the de- fendant, Maxwell S. Porter, and upon all the proceedings here re ham. ande< sapesring to my satisfaction L 1= that pursuant to the Constitution of the United States, the Constitution of the State of New York, Acts of Congress aforesaid, and the Statutes of the State of New York, the defendant, Maxwell S. Porter, is entitled to the relief prayed for in his answer and the petitioner-plaintiff is entitled, to the reliefprayed for in _its amended petition, subject to the said relief _to which the defendant, Maxwell S. Porter, Is entitled. N 0 iN, on motion of HARRY T. DOLAN, Special Assistant to the Attorney General of the United States, attorney for the petitioner-plaintiff, it is 'ORDERED, ADJUDGED and DECREED that the public use requires the condemnation of the subject land and described n. the Amended Petition as Tracts Nos. 1, 3 and 8, together with all buildings and struotures thereon which a v part of the realty, except removable fixtures, and all appurtenances thereto belonging, together with all riparian rights appur- tenant thereto, subject, however, to existing easements for public roads and highways, for public utilities, for rail" roads and .for pipe lines and further subject to easements heretofore granted to the Fishers Island Estates, Inca for the purpose of oone%ructing and maintaining power and tele- phone lines in, acroes, 'over and upon the said lands substan tially along lines as shown on plat of Wilderness Point Site prepared by the U. S. Engineer Office, together with rights in property heretofore owned by the defendant, Maxwell S. Porter, and described in his answer verified November 3, - 1943 and filed herein, in the subject land described in the Amended Petition as. Tracts Nos, 1, 31 and 8; and It Isurth -4t I ORDERED, ADJUDGED and DECREED that the said rights in property heretofore owned by the defendant , Maxwell S. Porter, are appurtenant to land owned by him described in his said answer, that said land adjoins and is contiguous to the subject land described in the amended petition in condemnation, and that the public use requires the oondemna. tion of said rights in property appurtenant to the said land owned by the defendant, Maxwell S. Porter; and it is further ORDERED, ADJUDGED and DECREED that the full, com- plete and unqualified title to the lands described in the Amended ,Petit ion as Tracts 1, 3 and 8, a metes and bounds description of which is as follows; TOS NOS. 1 A certain parcel of land with the buildings thereon, together with all -appurtenances belong- ing thereto, situated in the Town of Southold, in the Coynty of Suffolk and the State of New York, being more particularly bounded and de- scribed as follows: Beginning at a Atone bound on' the southerly side of a public highway at a corner of land of the Fishers Island Estates, Inc, and land of the United States of America, known as "Ut . Prospect Reservation" which stone bound has 000rdinates N 583.2' W. 3,014,71 referred to reference mark No, 2 of Wilderness Point O .P. _ as the Zero of coordinates the said reference mark No, 2 being a copper disc stamped AA+OP 2 (1940) ; thence from the stone bound at the point of beginning 101 northerly along land of the said fit. Prospea Reservation in a direction perpendicular to the southerly bound line of said public highway; thence in a gener- al .easterly direction along the southerly bound- ary line of said pµblic highway a distance of 18071) to the point of beginning of a new di- visift line through sand of said Fishers Island -5- t- s i— i Estates, Ina. ; thence by the said new division line throUgh the land of said Fishers Island Estates... Inc. 8 72q-'031'�" ,' 1176.1119.31 to a stake wha ee co.ordir�ates ark N 479-61 W. ; thence N 800 091 F. 190.9" to the southwesterly corner of land of Maxwell 8. Porter; thence by the land of said Porter N 670 441 E 222,5 ' to a corner of land of Nina V. D. Williams, thence by the land of said Williams in part and by , land of the Fishers Island Estates, Inc. X3 .740 45" E. 1841.1 to the T.H.W. line of Long Island Sound; thence in a general southerly direction by said M.H.W. line of Long Island Sound 153' to a point at property corner of land of Clarelce F. Bennett; thence by land of said Clarence F. Bennett 8 870 371 W 701 A; thence $ 680 221 ill 374.91tt ; thence 8 300 4161 W, 315,11 to a stone bound the extreme westerly corner of the property of Clarence F. Bennett, said stone bound having coordinates S 12,51 , W 310.41 ; thence by land of said Bennett 6 350 041 E 401 to a point at the extreme northerly corner of land of Lillian W. Franchot; thence by said land of Franchot by a curve having a radius of 710.7 and deflecting to the right a distance of 303.31 to the northeasterly corner of land of George J. Bender; thence by land of said Bender by the following courses and distances; westerly by a curve having a radius of 261 .571 and deflecting to the right a distance of 1.34.471 southwesterly southwesterly by a .curie having a radius of 34, 91 and .deflecting to the left a distance of 590-11 t�' S 110 291 30'1 W. a distance of 78.40174; southwesterly by a curve having a radius olf 201.91 and deflect- Ing to the left a distance of 48.471 ; S 20 261 E a distance of 73,81,174 S 3 221 E a distance of 220' -� to the .H.W. of Long Is- land Sound thence in a general southwesterly direotIon by said M.H.W. line 435.0 to the property of C. W. Vanderpool ; thence by land of said Vanderpool the following courses and = distances; N .000 051 W. 5714; thence by a curve having a radius of 841 and deflecting to the left a distance of 85.71 ; N 580 38' 'W. 18,61 ; thence by a curse having a radius of 182.8' and defleoting to the lett for a distance of 157.21 ; 8 720 131 W 200.11 to the extreme northerly car.- ner of the land of Francis W. Cole; thence by land of said Cole the following two courses: 8 720 131 W 212.61; thence on a curve having a radius of 238,81 and deflecting to the left for a distance of 64.21 to a stone bound at the ex- treme northerly corner of the property of Charles Littlefield said stone bound having cordinates 8 660.61 a;a W 17211 ; thence by land of Charles Littlefield the following courses and .distanees: On A etirVe ha 4nn g a radius of 238.81 and deflect- ing to the left for a distance of 166.91 ; 8 160 461 W 84. 31 , thence on a curve having a radius of 208.3' and deflecting to the right for a distance - , o f .47.11 ; thence S 450 261 t 157' to the M.H.W. line of Long' Island .sound; thence in a general southwesterly and northwesterly direction along said Long Island Sound 10251,4; thence about N 560 00' W 240124; t1jence, In.. a .general northwesterly direction -151 along the M. .K, line of Long Is- land Sound to e land belonging to the United States of America, known as, "Mt. Prospect Re- servationM ; thence along said Reservation bound- ary line N 400 04' E 602' to a concrete bound; thence along said boundary line N 090 33' W 577.71 to a concrete bound; thence still by said boundary line N 230 25' W 177.71 to the point of beginning. Containing 80. 52 acres, more- or less, TRACI N4. 3 A certain paroel of land with the buildings there- on, together with all appurtenances belonging thereto, situated in the Town of Southold, in the County of Suffolk and the State of New York, being more particularly bounded and described as .followsoo- Beginning at the extreme westerly corner of the premises herein described and the extreme northerly corner- of land of Charles Littlefield, at a stone bound having coordinates South 660. 6' and West 17211 referred to reference Mark No. 2 of Wilderness point O.P. as the Zero of coordinates, the said reference mark No. 2 being a copper disc stamped AAOP 2 (;940) - thence along and of the Fishers lalend' Estates, Inc. on a curve having a radius of 238.81 and deflecting to the right for a distance of 64,2' ; thence N 720 131 Z 212.61 to a. _point at the' extreme westerly corner of land be- to 'C. fit, Vanderpool ; thence by land of sai Vanderp"I 8 340 401 E 218' 4 to the M:H.W. li;n4bf, eland Sound; thence southwesterly line 245' h to the land of Ct les Li t�vfiel,d; thence by land of said Little- f ie1 N 40 .48+ W2611t to the point, of beginning. Containing 1.36 acres, ore or less. TRACT NO, 8 A certain parcel of land with the buildings there- on, together with all appurtenances belonging thereto, sltuate4 in the Town of Southold, County. of Suffolk and the State of New York, being more particularly bounded and described as follows: -7- L Beginning at a point on the southerly boundary line of a 40' road, said point being the north- easterly corner of the premises herein described and 'the extreme northwesterly corner of lana now or formerly belonging to Lillian W. Franchot; thence running S. 310 18' E for a distance of 33014 to a point located on the mean high water line of Long Island Sound; thence turning and running in a southwesterly direction along said mean high water line for a distance of 285' to a point; thence turning and running N 300 - 2' W for a did- tance of 2201 to a point, thence turning and run- ping N 20 2F' W for a distance of 73.81 to a point of curve; thence turning and running' in a northeasterly direction along the are of a curve having a radius of 201.9' and deflecting towards the right a distance of 48.47' to a point; thence turning and running N 110 291 �0" E for' a distance of 78.40� ' to a point of curve thence continuing In a northeasterly direction along the are of .a curve having a radius of 34,791 and deflecting towards the right for a dlstan'a of 59,111-L to another point of curve; thence turtling ink running In a southeasterly direction along the are of a curve having a radius of 261, 57' and deflecting towards the left for a distance of 134.471h to the point of beginning. Containing 2.30 acres, more or less, vested in fee simple absolute in the petitioner-plaintiff, free from all liens, encumbrances, charges, servitudes, easements, restrictions, covenants and appurtenances, sub- ject only to and excepting therefrom the. particular rights, Interests or easements specifically set forth in said Amended Notice and Petition upon the filing of Declaration of Taking No. 1 covering Tract No, 3 on March 4, 1943 and Declaration of Taking No. 2 covering Tracts Nos. 1 and 8 . _ on March 15, 1943, And the depositing in the Registry of this Court of the said sums of Twenty-eight Thousand and. 00/100 ($28,000.00) Dollars and Forty--one Thousand One Hundred and 00/100 ($41,100.00) Dollars, respectively, as hereinbefore recited, and that the said lands are deemed to have been condemned and taken for the public use of the United States of America; and it is further : f : 'r ORDERED, ADJUDGED AND DECREED that the petitioner- plaintiff, the United States of America, is entitled to have and to,,hold in fee simple absolute the real property ref erre to as Tr&cts Nos, 1, 3 and 8 and described as aforesaid, Including the rights in property described as aforesaid, for the public use and that each of the defendants in this proceeding and, all persons Claiming or deriving any interest in or lien upon or, title to the said property" or any part thereof be and they are forthwith barred and foreclosed of and from all right, title and interest, lied, claim and equity, including the rights in property described as afore- said, in and to the subject premises and each and every part thereof upon making dust compensation therefor, and upon making gust compensation to the defendant, Maxwell S. Porter for damages to the lard of said defendant referred to and described in his said answer, the remainder of said de- fendant' s e-fendant' s property, resulting from the taking for military purposes, the necessary construction and installation there- for, embracing, of course, injury due to the use to which the part taken is to be devoted, with interest on- the com- pensation for the aforesaid rights in property and for sait damages to the said land a.t the rate of six per centum ,(6%) per annum on the amount finally awarded as the value of the rights in property and for the said damages as of the date of taking, from said date to the date o.f, payment, together with all costs, additional allowance of costs and expenses to which said defendant will reasonably be put in the proving of title and damages herein necessarily igQurred and sustained by the defendant, pursuant to requirements of the law and of the statutes and pursuant to which the proceeding herein. ls authorized and directed, including -9„ t F particularly but without limitation section 16 of the New York Condemnation Lary, being Chapter 73 of the Consoli- dated Lays of the State of New York; and it is further ORDERED, ADJUDGED and DECREED that the petitioner.- plaintiff may apply for such orders, -decrees and judgments as may be necessary or proper to fully effectuate the objects of the Constitution of the United States, the Constitution of the State of . New Mork, Acts of Congress, aforesaid, and the statutes of the State of New York, in so far as they relate to the acquisition of the subject lands, and for a judicial determination to ascertain and determine the just compensation which should be paid by the petitioner..plaihtiff to the owners of the property aforesaid, as their interests 'nay appear and to effectuate distribution of such awards 'that may be judicially deter mined to represent the just compensation to be made, the lair and statutes in such case made and provided, and that the Clerk of this Court is hereby directed to place this cause on the civil non-.Jury calendar and to assign to it a calendar number on proof that due notice of trial has been given, United States District Judge --10- t UNITED STATES DISTRICT 'OURT EASTERN DISTRICT OF NM YORK - - - - - - - - - - x UNITED STATES OF AMERICA., Petitioner,-Piaintiff, ve,•sus - No. C. P. 13 94.42 acres of land, more or less, at. Fishers Island, Town of Southold, County of Suffolk,. NOTICE OF ENTRY State of hew York, and Fishers Island xistates, Inc., The New York Trust Company, Charles 11. Littlefield, Georgie B. Littlefield,,' Francis W. Cole, Cornelia W. Vanderpool, Manufacturers and Traders Trust Company, Clarence F. Bennett, Blanche H. Bennett, George J. Bender, `x`axwell S. Porter, Nina. V. D. 'Uill:;.ams, Town of South- (�ld, Country of. Suffolk, People of the State of New ,ork Defendants x ry S I F. . V ;F,k F iAI�! NC)':ICE that a Judcpnert cf ^,ondemuat'_on; of Whic% :the W. hin is i a true 'c,ol-y',: has been d ily entered a_zd filed 'vi tii the C1erk• of ;'.,e'Unitea States District Court for the. Eastern Jistr ., of Nev< "r--k or. thx ' 6th day of Nc vember, 3947, { Dated.: Bro41yh, "New, perk, "Iq,, Y. w . N ovem7a r &I YT DOIAN Special Ass?.sta.rt to t.ha Att.orz.v Gone ah of the tni tad States, Attbr y, f or"P�,ti+i ones, offio4_LA &Pout Vfi;;e :,add: 305 i4iishlttton Street: Breoklyn., Nflw Ycr'4 NI .Y Toa Moran, Galli McGlinn, Esqs y Attorneys for Francis 'r . Cole; 55 John Street., New York,. F. Yv L F r= Sage, Gray, Todd & Sims, Esgs.-, Attorneys for- Fishers Island Estates, Inc, George J. Bender, 49 call Street, New York, N. Y. Edgar F. Hazleton, Esq., Attorney for County of Suffolk, New York Avenue, Huntington., N. Y. Jackson, Nash, Brophy, Barringer & Brooks, E.sgs., attorneys for Maxwell S. Porter, 15 Broad Street, New York, N. Y. Vibite & Case, Esgs., Attorney for The New York Trust Company, 14 1t all Street, New York, N. Y. Nathaniel L.Goldsten, Esq., Attorney General of the S tate of New York, 86 Centre Street, New York; N. Y. Town of Southold, c/o Russel L. Davison, Town Clerk, Southold, L. I., N. Y. Manufactuers and Traders Trust Company, Main & Swan Streets,, Buffalo, N. Y. Lillian I. Pr t+w C/o C. g. Fr *,4 _FAq• 60 East .Un'd + t ea's New York, R. Y: . Nina Y'. Vo Li lliskap a/o Herbert l!. Lilli t lZO Broaftay, New York, N. Y. 1. E I f At a Stated Term of the District Court of the United States, held in and for the Eastern District of New York,, at the United States Court House, Borough of Brooks , City and ,State .of New York on a the day of November, 1943. PRESENT: HON. MORTIMER W. BYERS, District Judge. x UNITED STATES OF AMERICA, petitioner-Plaiintiff, ' i - versus - No. C. P. 13 94.42 acres of land, more or less, at Fishers Island, Town of Southold, County of Suffolk, JUPGMFNT OF CON- State of New York, and Fishers Island Estates, DEMNATION Inc., The New York Trust Company, Charles IR Littlefield, Georgie B. Littlefield, Francis 7 . Cole, Cornelia IV. Vanderpool, Manufacturers Tracts Nos. 1, 3 and Traders_ Trust Company, .Clarence F, Be tt, and -8 Blanche H. Bennett, George J: Bander, ll r S. Porter, Nina V. D. Williams, Tose of South- old, County of Suf#blk People of tne,1-`State of =: New York, '. Defendants. ., . . The petitioner-plaintiff, the United States of America, .having applied tothis Court, pursuant to the authority:of the Second War Power$ Act approved March 272 1942 Public Law 6071 -' 97th CongreEss) and under'ths 'furthe-r -aurthority of the Act of convvss approvedugtitsA48I0�1 $ S32d),as amended by the Acts of Con- gress approved ,July '2; `1917 (40 ',Stat. 241); April 11, 1918 (40 Stat. 518, 50 U.S C:. sec. 191) and the Act of Congress, appr ed�,i,'a der 9 1940 (Publl -Jaffa' ,791 78th''edhgt ss) upd� its Amended Notice and Petition" its-'Cohd+stma .ioti'`dnl ve'rifie'd the ''30th da of S® umber 1943; for 'a' ad djdatkon•'th&t the 'public `rise requires the condemna- tion -,of cortain real property -situate ri the 41own of Southold,, County of, guff'olk, State �of -New York .for snilitar"y`purposes, and that the United- States of America is entitled to- have and to hold such property , r f_- for the public use; and it appearing That on the 4th day of March, 1943, the petitioner- plaintiff duly filed in the office of the Clerk of the United States District Court for the Eastern District of "ew York, Declaration of Taking No. 1 dated the 22nd day cf February, 1943, executed by the Hon. Henry L. Stimson, Secretary of War, declaring that the public use M requires the condemnation of Tract No. 3 therein described and that simultaneously therewith deposited the sum of Twenty-eight Thousand and 00100 ($28,000.00) Dollars as' the estimated just compensation therefor; and on the 15th day of March, 1943, the said petitioner- plaintiff duly filed in said Clerks office Declaration of Taking No. 2 dated the let day of March, 1943 executed by the Hon. Henry L. Stimson, Seoretary of Mar, declaring that the public use requires the condemnation of Tracts Nos. 1 and 8.therein described and, that sio - multaneously therewith deposited the sum of Forty-one Thousand and 00/100 ( 41,000.00) Dollars as the estimated just compensation there- for. here-for. That on the 5th day of March, 1943, a Judgment on Declaration of Taking No, l was duly entered and filed in this Court and on the 15th day of lurch, 1943, a Judgment on Declaration of Tak- ing No. 2 was duly entered and file d in this Court, both instruments adjudicating that title to the lands described therein vested in the United States of America. That a copy of said !mended Notice and Petition in F Condemnation having been duly served upon all of the defendants- here- in efendants here-in who owned or claimed to own some right, title, interest or lien upon the subject property, and due proof of the service thereof hav- ing been duly f iledi herein, all in compliance with the law and statutes in such case made and provided, and the application having come on to be heard before this Court on the 3rd day of November, 1943, and the following defendants having appeared by their respect- •2- i F L F ive attorneys, none of 'Whom denies, disputes or opposes the relief prayed for in said Amended Notice and"Petition, to witi Francis W. Cole by Moran, Galli McGlinn, Esgs.; Fishers Island Estates , Inc. and George J. Bender by Sage, Gray, Todd & Sims, Esgs.; County of - Suffolk by Edgar F. Hazleton, Esq.; Maxwell- S. Porter by Jackson, Nash, Brophy, Barringer & Brooks Es s• The New York Trust Company by - Vj'hite and Case, Esqs., and,the following defendants having defaulted in appearance; The People of the State of New York, Town of Southold, Nina V. D. Williams, Lillian W. Franchot, Manufacturers do Traders Trust Company, - N 0 W, upon reading and filing the lunended Petition and the Notice annexed thereto, and upon all the proceedings hereto- for had herein, and it appearing to my satisfaction that pursuant to the 1�cts of Congress, aforesaid, the petitioner-plaintiff is eutit;ed , to the relief prayed for, and no objection having been made, N 0 fi,, on motion of HARRY T. DOL' , Special Assist- ant to the Attorney General of the United States, attorney for the petitioner-plaintiff, itis ORDERED, ADJUDCMD and DEQMD that the public use', r requires the eondemmation of the subject land and described it,the Amended Petition as Tracts Nost 1, 3 and 8, together withall build- fr ings and structures thereon which are part of the realty, except re- - movable fiXtures, axed all appurtenances thereunto belonging, together with all riparian rights appurtenant thereto, subject, however, to. existing easements for public roads and highways, for public utilities, !' t for railroads and for pipe lines and further subjectto easements F t heretofore granted to the Fishers Island Estates, Inc. for the purpose of constructing and maintaining power and telephone lines in, across over and upon the said lands substantially along lines as shown on plat of 17,ilderness Point Site prepared by the U. S. Engineer Office; and it is further ORDERED, ADJUM(ED and DECREED that the full, com- plete and unqualified title to the lands described in the Amended =- Petition as Tracts 1, 3 and 8, a metes and bounds description of r which is as follows= TRACT No. 1 A certain parcel of land with the buildings thereon, together with all appurtenances be- longing thereto, situated in the Town of Southold, in the County of Suffolk and the State of New York, being more particularly bounded and described as follows; Beginning at a stone bound on the southerly side of a public highway at a corner of land of the Fishers Island Estates, Inc. and land of the United States of America, known as "Mt. Prospect Reservation" which stone bound has coordinates N 583.21 7; 3,014.71 referred to reference mark No. 2^ of 411derness point O.P. as the Zero of coordinates the said reference mark No. 2 being a copper disc stamped AAOP 2 (1940); thence from the stone bound at the j point of beginning 101 f northerly along land of the said Mt. Prospect Reservation in a direction perpendicular to the southerly bound line of said public highway; thence in a gener- al easterly direction along the southerly bound- ary line of said public highway a distance of 18071/ to the point of beginning of a new di- vision line through land of said Fishers Island ;states, Inc; thence by the said new division line through the land of said Fishers Island Estates, Inc., S 72° 031 E 1176.11 / to a stake whose coordinates are N 479.61 Y 28-9.31; thence N 80° 091 E 190.91 to the southwesterly corner of land of Maxwell S. Porter; thence by the land of said Porter N 670 44t E 222.51 to a corner of land of Nina V. D. Williams; thence by the land of said Williams in part and by land of the Fishers Island Estates, Inc. S 74° 451 E. 184ti to the M.H.W. line of Long Island Sound; thence in a general southerly direction by said M.H.a. line of Long Island Sound 1531 L to a point at property corner of land of Clarence F. Bennett; thence by land of said Clarence F. Bennett S 870 371 W 701 A thence 5 680 221 374.9til; thence S 300 457 W 315.11 to a stone bound at the extreme westerly corner of the property of Clarence F. Bennett, said stone bound having coordinates S 12.51, W 310.41; thence by land of said Bennett S 35° 041 E 401 to a point at the extreme northerly corner of land of Lillian tip. Franchot; thence by said land of Franchot by a curve having a radius of 710.71 and deflecting to the right a distance «4- of 303.31 to the northeasterly corner of land of George J. Bender; thence by land =_ of said Bender by the following courses and distances; westerly by a curve having a radius of 261.57t and deflecting to the right a distance of 134.471; southwesterly..by a curve having a radius of 34.791 and deflecting to the left a distance of 59.111/; S 110 291 30u 7 a distance of 78:401; soutFiwesterly by a curve having a radius of 201:91 and deflect- ing to the left a distance of 48.471; S 2° E_ 261 E a distance of 73.811 ; S 300 721 E a. L distance of 2201 / to the Ni.H.T . of Long Is- land Sound; thence in a general southwesterly direction by said M.H.V.., line 435t/ to the property of C. i,. Vanderpool; thence by land of said Vanderpool the following courses and distances; N 000 051 n 571 ; thence by a curve having, a radius of 841 and deflecting to th'e left a distance of 85.71 ; N 580 381 Vi. 18.61; thence by a curve having a radius of 182.8' and deflecting to the left for a distance of 157.21 ; S 720 13t ; 200.1* to the extreme northerly cor- ner of the land of Francis -vv-. Cole; thence by land of said Cole the following two courses; l S 720 131 212.61; thence on a curve having a radius of 238.81 and deflecting to the left for a distance of 64.21 to a stone bound at the-ex- trome northerly corner of the property of Charles Littlefield, said stone bound having coordinates S 660.61 and 1,- 17211; thence by land of Charles °- Littlefield the following courses and distances: On a curve having a radius of 238.81 and deflect- ing to the left for a distance of 166.91; S 160 461 7. 84.31; thence on a curve having a radius of 208.31 and deflecting to the right for a distance of 47.11; thence S 450 251 E 1571/.to the A .H.":. line of Long Islond Sound; thence—in a general southwesterly and northwesterly direction along _ said Long Island Sound 10251; thence about N 560 OOt W 2401; thence in a general northwesterly dir,action Z151/ along the M.H,vr. line X Long Is- land Sound to the land belonging to the United States of ,merica, knovm as, `'Mt. prospect Re- servation"; thence along said Reservation bo=d- ary line N 400 041 E 6021/ to a concrete bound; �- thence along said boundary line N 090 331W 577.71 to a concrete bound; thence still by said boundary line N 230 25, -Vi 177.71 to the point of beginning. Containing 80.52 acres, more or less. MI CT No. 3 A certain parcel of land with the buildings there- on, together with all appurtenances be thereto, situated in the Town of Southold, in the County of Suffolk and the State of New York, being more particularly bounded and described as follov.s: -5- s �6 Beginning at the extreme westerly corner of the Fr emi ses herein described and the extreme northerly corner of land of Charles Littlefield, at a stone bound having coordinates South 660.61 and gest 17211 referred to reference mark No. 2 of V+ilderness Point O.P. as the Zero of coordinates, the said reference mark No. 2 being a copper disc stamped AILOP 2 (1940) ; thence along land of the Fishers Island Estates, Inc. on a curve having a radius of 238.81 and deflecting to the right for a distance of 64.21 ; thence N 720 131 E 212.61 to a point at the extreme Westerly corner of land be- longing to C. V . Vanderpool; thence by land of said Vanderpool S 340 40t E 2181 / to the M.H. . line of Long Island Sound; thenco southwesterly K- along said M.H. . line,2451 / to the land of Charles Littlefield; thenceTy land of said Little- field N 40" 42, ii 261t/ to the point of beginning. Cc:ntaining 1.36 acres,—more or loss. TRACT No. 8 A certain parcel of land with the buildings there- on, together via th all appurtenances belonging thereto, situated in the Town of Southold, County !- of Suffolk and the State of New York, being more particularly bounded and described as follows; Beginning at a point on the southerly boundary line of a 401 road, said point being the north- easterly corner of the premises herein described and the extreme northwesterly corner of land now or formerly belonging to Lillian r:. Franchot; thence running S 310 181 E for a distance of 3301/ i to a point located on the mean nigh water line or Long Island Sound; thence.turning and running in a southwesterly direction along said mean high water line for a distance of 2851 to a point; thence turning and running N 300 '72t ?„ for a dis- tance of 2201/ to a point; thence turning and run- ning N 20 261 V. for a distance of 73.811/ to a j point of curve; thence turning and running in a i northeasterly direction along the arc of a curve having a radius of 201.91 and deflecting towards the right a distance of 48.47t/ to a point; thence - turning and running N 110 291 7011 E for a distance of 78.40t/ to a point of curve; thence continuing in a nortFieasterly direction along the arc of a curve having a radius of 34.79t/ and deflecting I towards the right for a distance of 59.111 to another point of curve; thence turning and—running in a southeasterly direction along the are of a curve having a radius of 261.571/and deflecting towards the left for a distance of 134.47' to the point of beginning. Containing 2.30 acres,—more or less, vested in fee simple absolute in the petitioner-plaintiff, free from all liens, encumbrances, charges, servitudes, easements,restrictions, -6- l covenants and appurtenances, subject only to and excepting therefrom the particular rights, interests or easements specifically set forth in said Amended Notice and Petition upon the filing of Declaration of Taking No. 1 covering Tract No. 3 on March 4, 1943 and Declaration of Taking No. 2 covering Tracts Nos. 1 and 8 on March 15; 1943, and the depositing in the Registry of this Court of the said sums of Twenty- eight Thousand and 00100 (x28,000.00) Dollars and Forty-one Thousand E and 00/100 ($41,000.00) Dollars, respectively, as hereinbefore re- cited, and that the said lands are deemed to have been condemned and taken f or the public use of the United States of America; and it is further ORDERED, ADJUDGED and DECREED that the petitioner- plaintiff, the United States ofimerica, is entitled to have and to hold in fee simple absolute the real property referred to as Tracts r Nos. 1, 3 and 8 and described as aforesaid; for the public use and that each of the defendants in this proceeding and all persons claim- ing or deriving any interest in or lien upon or title to the said property or any part thereof be and they are forthwith barred and foreclosed of and from all right, title and interest, lien, claim and equity in and to the subject premises and e ach a nd every part thereof upon making just compensation therefore; and it is further ! ORDERED, ADJUDGED and DECREED that the petitioner- plaintiff may apply for-such orders, decrees and judgments as may be I i necessary or proper to fully effectuate the objects of the ;Lets of Congress, aforesaid, in so far as they relate to the acquisition of the subject lands, and for a judicial determination to ascertain and t determine the just compensation which should be paid by the petition- er-plaintiff to the owners of the property aforesaid, as their inter- ests may appear and to effectuate distribution of such awards that may be judicially determined to represent the just compensation to be -7- t F made, the law and statutes in such case made and provided, and that _ f- the Clerk of this Court is hereby directed to place this cause on f the civil non-jury calendar and to assign to it a calendar number on proof that due notice of trial has been given. MICR T IMER T*. BYERS - ni e a es lstric. Judge f i E i r u n iii I �i ,. iiil I i i litlmiim i i I um n ulnipi,im i iii 'u i ul of o i o uh i !II ILJI,ii�l ul i i..•...�„.J� ,.. . ......�. .. . ., J . . ...... ' �__..._ ._1.__.__..1.___�......�._. ..... .., ., o 90. C. Pols i UNITED ST,,TES DISTRICT COURT &i.STERN DISTRICT OF Nov YORK UNITED SLiTES OF �MERICL, i Potitioner•Plaintiff, - versus - 94.42 acres of land more or less at Fishers Island, Town of South- old, County of Suffolk, State of New York, a nd-Fi sherb Island Estates, Inc., et- al, Defendants. • JUDM ENT OF CONDENNr.TION Tracts Nos. 1,3,8 NOTICE OF ENTRY HURRY T. DOLX .Special .Lssistant to the Attorney General .attorney for Petitioner Office & P. 0. .;,ddress 305 Washington Street Brooklyn 1, New York, N.Y. r- f "KITED S'T2.d "' DISTRICT COURT ASTER;I DISTRICT OF NE6`r YORK - -- - - - - - - - - - - - - - - - - - - - X UNITED STATES OF AIERICA, Petitioner-Plaintiff, C.P. NO. 13 - ver su s - NOTICE OF ENTRY €= 94.42 acres of land, more or less, at Fishers r Island, Town of Southold, County of Suffolk, State of New York, and Fishers Island Estates, Inc., et al., �- Defendants. - - - - - - - - - - - - - - - - - - - - - - - X SIRS PLEASE TAKE NOTICE that an Order denying the motion of Maxwell S. Porter, by Jackson, Nash, Brophy, Barringer & Brooks, Esqs., for a modification of the Judgment of Condemnation in the above entitled proceeding, of which the within is a true copy, has been duly entered and filed with the Clerk of the United States i District Court for the Eastern District of New York on the 15th day of February, 1944. I Dated: Brooklyn, New York February 16, 1944. I Yours, etc., HARRY T. DOLA14 I Special .assistant to the. Attorney General of the United States Attorney for Petitioner-Plaintiff ' Office &; Post Office Address 305 Washinbton Street Brooklyn, New York T0: Moran, Galli & McGlinn, Esqs., Attorneys for Francis W. Cole, 55 John Street New York, N. Y. To: Sage, Gray, Todd & Sims, Esq., Attorneys for - F Fishers Island Estates, Inc., George J. Bender - 49 wall Street, New York, N.Y. Edgar F. Hazleton, Esq., Attorney for County of Suffolk, New York Avenue, Huntington, N. Y. Jackson, Nash; Brophy, Barringer do Brooks, Esgs., Attorneys for Maxwell S. Porter, 15 Broad Street, New York, N.Y. White & Case, Esgs., Attorneys for The New York Trust Company, 14 gall Street,. New York, N.Y. E Nathaniel L. Goldstein, Esq.:, Attorney General of the State of New York, 80 Centre Street, New York, N. Y. Town of Southold, c% Russel L. Davison,' Town Clerk, Southold, L. I., N.Y. Manufacturers and Traders Trust Company, Again and Swan Streets, Buffalo, N. Y. Lillian W. Franchot F c% C. P. Franch©t, Esq., 60 East 42nd Street, New York, N.Y. Nina V. D. Williams, c/o Herbert D. Williams,' 120 Broadway, New York, N.Y. a L i At a Stated Term of the District Court _- of the United States, held in and for the Eastern District of New York, at the United States Court House, Borough of Brookl City and State of New York on the 15 day of February, 1944. PRESENT : L HON. MORTIMER W. BYERS, Distri ct Judge. F- - - - - - - - - - - - - - x UNITED STATES OF AMERICA, C Petitioner-Plaintiff, versus - No-* C. P. 13 94.42 acres of land, mcre or less, at Fishers 0 R D E R Island, Town of Southold, County of Suffolk, State of New York, and Fishers Island Estates, Inc., The New York Trust Company, Charles W. Littlefield, Georgie B. Littlefield,eFranci W. Cole, Cornelia W. Vanderpool, Manufacturers and Traders Trust Company, Clarence F. Bennett, ` Blanche H. Bennett, George J. Bender, Maxwell S. Porter, Nina V. D. Williams, Town of South- old, County of Suffolk, People of the State of New York, Defendants. - - - - - - - - - - - - - - - - x This cause .coming on to be heard.before this Court at a stated term thereof upon the motion of Maxwell S. Porter, by Jackson, Nash; Brophy, Barringer do Brooks, Esqs., for a modifi- cation of the Judgment of Condemnation herein and said motion hav- ing been respectfullyreferred by Han.'Matthew T,, Abrus;o to the Hon. Mortimer W. Byers on the 26th day of January, 1944 and 4 A after readin and -filing said motion and tie affidavit of earl H. Parks, Esq., sworn to the llth day of January, 1944 in support of f said motion and the affidavit of Harry T., Dolan, Esq., Special As- 4 t sistant to the attorney General, attorney for the Petitioner-plain- tiff, the United States of America in opposition thereto, sworn to the 31st day of January, 1944, and after reading their briefs submitted in support of and in opposition to said motion and upon s FF L all the pleadings and proceedings had herein and upon due considera- tion thereof; it is ORDERED, ADJUDGED and DECREED that the motion is hereby denied and the said Judgment of Condemnation is hereby amended nunc pro tune to read Forty One Thousand One Hundred and 00100 ($p41,100.00) Dollars instead of Forty One Thousand and 00100 ($ 41,000.00) Dollars; f- i 4 MORTIhER +. BYERS United States District uge. i L i L r r tillI No. C. P. 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NE's; YORK UNITED STATES OF AMERICA, Petitioner—Plaintiff, versus - 94.42 acres of land, more or less, at Fishers Island, Town of South- old, County of Suffolk, State of New York, and Fishers Island Estates, et al, - Defendants O R D E R NOTICE OF EYTRY - - - - - - - - - - - - -� - - HAMY T. D OTAN Special hsaistant to the Attorney General Attorney for Petitioner Office & P. 0. Address 305 .Ashington Street Brooklyn 1, New York, N.Y. VNITUD 4TAT6.11DISTUCT COVRT 111UYSTUCT Or 4.0-4 TO" 000 «. Ak40404. ,» wow * 49. «. *A 00 «r O OU Of OA A400 at IAW4# 40r* Or Now Yorks and f1shors 1st t0*i1 *** Tftm of �Ws *6140 00=fq Of 3Uff*1k# StAtO of So* York* The vYork T t OMPWVO 1 issues of law and irair markot 1 vd at a stated tom for trialsZ; E District court e`er vio into • t4strict, tib' :No* York at the ivdortl Court 3O ,4 104al" tit on t ,# Ot arook1luo Ci artor " 00twool UOA bo hoard* I Touro o, ego# D SPOO141 to Atto tba tOV = tt *tA1 OrIfto t 1Ac* A 4110 0 wY I _ I i i i M Franklin Wo Wines 2 West 46th street* Now York* .'. . Talm of 3outhoU 6/0 Town Cloy s Sout3old s f'.1.0 Ii s ``. County of Suffolk c/o County Clork i R9.voeboads L.I.# H.Y. ! ITbo People of the State of Noir York */o Nathoadel L, Goldstein A ttortoy loetwra l of the State ot Now York* 80 Centro Street# i Now York* *Y* WbIto & Gay." At'tor'neys for � a The Now York Trust Compwq j 1$ Wall Strout g ! Now Xer # N.Y* i 1 { I I i I i 1 1 � I i I is i I E � I I 1 i d ! II f ! i a UNITED STATES DISTRICT COURT _ EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - -x UNITED STATES OF AMERICA, Petitioner-Plaintiff, - NO. C. P. 31 - versus - NOTICE OF ENTRY 0.16 of an acre of land, more or less, situate in the Town of South- old, County of Suffolk, State of New York, and Fishers Island Es- tates, Inc. , Town of Southold, County of Suffolk, State of New York, The New York Trust Company, Defendants. - - - - - - - - - - - - - - - - - -x S I R S PLEASE TAKE NOTICE that a Judgment of Condemnation, of which the within is a true copy, has been duly entered and filed with the Clerk of the United States District Court for the Eastern District of New York on the 29th day of September, 1943. Dated: Brooklyn, New York October 2, 1943. Yours, etc., HARRY T. DOLAN Special Assistant to the Attorney General of the United States Attorney for Petitioner Office & Post Office Address 305 Washington Street Brooklyn, New York. TO: Fishers Islend Estates,Inc. , c/o Franklin W. Haines t 2 Nest 45th Street, New York, N.Y. t r- 1 V Town of Southold c/o Town Clerk, Southold, L.I. , N.Y. County of Suffolk c/o County Clerk Riverhead, L.I. , N.Y. The People of the State of New York c/o Nathaniel L. Goldstein Attorney General of the 'State of New York, 80 Center Street, New York, N.Y. White & Case, Attorneys for The New York Trust Company 14 Wall Street New York, N.Y. -2- a At a Stated Term of the District Court of the United States, held in and for the Eastern District of New York, held at the United States Courthouse in the Borough of Brooklyn, City arA6,State of New York, on the day of September, 1903. PRE SENT -- HON. GROVER 11. HOSCO11ITZ District Judge. - - - - _ - - - - -. - - - - - _ -x UNITED STATES OF A2s9ERICA, Petitioner-Plaintiff NO. C.P.31 - versus - 3UDGLIEWT OF C ONDE12TATION 0.16 of an acre of land, more or -"` I "` — less, situate in the Town of South- old, County of Suffolk, State of 2Tew York$ and Fishers Island Es- tates,Inc. Town of Southold, ' County of Suffolk, State ,of New York, The New York frust Company, Defendants. The Petitioner-Plaintiff, the United States of America, having applied to this Court, pursuan.t to and acting under the Second War Powers Act approved March 27,, 194:2 (Pub Law 507 - 77th Congress) .and the Act of C rens a pprovbd February 26, 1931 (46 Stat., 1421, V.,S.0#Title 40 !sec. 258x) and Acts supplementary thereto and amendator7thereof and under the further - authority of the Act of Congress approved August 18, 1690. (26 'Stat. 316) as amended by tho Acta of 'Congress approved July 2, 1917 140 Stat.241)April ll, 1918 (46 Stat., 519, 54 U.S.CoSec.1'71) and the Act of Congress, approved September 9, 1940 (Pub Zaw 781 - 76th Congress) upon its Notice and Petition in Condemnation duly veri- fied -the 26th day of May, 1943, and upon an Oraer _amend f i L t- i ing said Notice and' Petition entered the 13th day of August, 1943., for an adjudication that the public-use requires the condemnation of a perpetual easement for the location, construction, maintenance, operation and patrol of a water main, in, over, across and under the lands described ,in the petition, said real property being situated in the Town of Southold, County of Suffolk, State of New York, and that the United States of America be- entitled to have and to hold such property for the public use, and it appearing that on the 26th day of may, 1943, the Petitioner-Plaintiff filed in the. offiae of the Clerk of the United States District Court for the Eastern District of 'New York, aa Declaration of Taking dated the 11th day of Hay, 1943, executed by the Hone Henry L. Stimson, Seoretary of V7ar of the United declaring that the public use requires the condemnation of a perpetual easement for tho location, construction, maintenance$ operation and patrol of a water main, in, aver, across and under the -lands described in the pet#i- tion, and that simultaneously therewith deposited the sum of Two Hundred Fifty and 00/100 (.0260400) Dollars as the estimated just 'compensation, That on the, 214h day of My, 1043,; a Judgmant ,,on the Declaration of Taking a dtily + �erad`and filed in this .Court aid judt,* cating that a perpetutl -easement for the location, 0*21 struction, maintenance, operation and patrol of a water . � main, in , o1rora across and under the lands described in the petition# vested in the United .States of America. 'That a copy of said Notice and Petition in Conderimation having been duly personally served upon all of the Defendants herein who owned or claimed to own ' . -2.. 1 i some right, title or lien upon the subject property, and a copy of the Ordor entered the 13th day of August, 1943, having been duly served upon the additional party in the proceeding, and due proof of service of said papors Ytaving been duly filed herein, all in compliance with tho laws and statutes in such cases made and pro- vided, and the application having come on to be heard before this Court on tho 15th day of September, 1943, and the following defendant having appeared by its attorney, Who does not deny, dispute or opposo the relief prayed for in said petition$ to wit: The New York Trust Company, by White & Caso, Esq*. , and the following de- fendants who have defaulted in appearance: Fishers Island Estates, Inc., Town of Southold, County of Suffolk, The People of The State of New "roft# and no parties appeared and opposed the application of the petitioner plaintiff, N 0 W. upon all the proeoedings heretofore had herein and it appearing to n7 satisfaction that pursuant to the Acts of Congress aforesaid, the petitioner-plain- tiff is entitled to the relief prayed for, V 0 W, on mottos of Harry T. Dolan, Special Assistant to the Attorney General\ of the United states, attorney for the atit- oner-plaintiff, it is 6MOMO ADHD and DE , that the public use requires the condemnation of a perpetual easement for the locat o # constructions, , maintanancep operation and patrol of a water main, -in, over; across and under the lands hereinafter described, and it is OMWED,* ADJUDGED and DECREED# that the full, complete. and unqualified title to said perpetual easement 4�r ` i f 5 ' for the location, construction,,, maintenance, operation - and patrol of a water main, in, over, across and under the lands described in the petition, which lands are described by metes and bounds as follows: TRACT N0. 7 A certain parcel -of land situatod in the Town of Southold, County of Suffolk,State F of New York, bounded and described as follows Beginning at a point 320.15 feet, more or less, distant in a Southeasterly direction =_ from the extreme Northwesterly corner of . land belonging to the United States of America, and known as Tract No. 1, being on the Southerly boundary line �of 'a pri- vate highway; thence turning and running - in a Northwesterly direction by an interior angle of 45° 551 30".. from the la at men- tioned course, across said highway, for a distance of .40 feet, more or' less, to a point; thence continuingalong the above- mentioned course for as_t=oe 'of 422-foetal,_ - moro or less, to the centerline of an, existing water main thence turning and run- ning in a Southeasterly direction along; said center line for a distance of 17 feet; more or less; thence turning and running in a Southeasterly direction and parallel to the first-mentioned. course for a dis- tanee of 467 feet, more or less, to a point located on the Southerly boundary line of a private highway thence turning and run- ning in a Northwesterly direction along said Southerly bounndary line for a-' distance ' of 19.5 feet.$ more or less, to the' point. or place of beginning. ':Containing #16 of an acre, more or lass, vested in the United States" of America on. the 26th day of Play, 1943, free from' all ,liens, encumbrances, charges, servitudes, easements, restrictions and covenants, upon the filing of said Declaration of Taking,' and depositing Two Hundred Fifty and 00/100, (0250*00) Dollars, as hereinbefore recited, and that the said property' is, deemed to have been condemned and taken for the public use of the United' States of America, and it is -4- f f s a . r t ORDERED, ADJUDGED and DECREED that the peti- tioner-plaintiff is entitled to have and to hold such perpetual easement herein described, for the public use, and that each of the defondants in this proceeding and all persons claiming or dorivirig any-_interest in or lien upon or title to the said _pQrpetual easement or any part thereof„ be and they are forthwith barred and foreclosed of and from all right, title, interest, lien, claim and equity in and to the said perpetual easement, and each and every part thereof upon making just compensation therefor, and it is further ORDERED, ADJUDGED and DECREED that the peti- tioner-plaintiff may apply for such orders, decrees and judgments as may be necessary or proper to fully ef#eo* tuato distribution of suoh award that may be judiaiall determined to represent the just compensation to be made, the law and statutes in such cases made and provided,- and that the Clark of this Court is horeby directed to place this cause on the civil non�3ury calendar and to assign to it a calondar numbor. DROVER .M. MOSCOWITZ �rrvy��rr�uIlow ��r��IIIIIII1 11,111 11 111111111 d.,4 ............�. No.e.P.31 i UNITED STPLTES DISTRICT COURT EAS`i1IRN DISTRICT OF HE;, YORK UNITED SMLS Or ALLMRICA, ' Potitioner-Plaintiff, - versus - 0.16 of an acre of land.more or less,situate in the Town of Southold, County of Suffolk,©tc, ' w and Fishors " Island Estates Inc., et al. , Defendant . - - - - - - - - - - - -� d 11TOT3CE OF ITRY IDIRRY T. DOLAN- Spocial :assistant to the attorney Gene;rat Attorno-y for Petitioner Office & P.4. Address 305 WashinGton Street g Brooklyn, N.Y. r UNITED STATES DISTRICT'.COURT EASTERN DISTRICT OF NE7 YORK - - - - - - - - - - - - - - - - - - - - - - -x UNITED STATES OF AMERICA, Petitioner-Plaintiff,, - versus - No. C. P. 13 94,42 acres of land, more or less, at Fishers Island, Town of Southold, County of Suffolk, NOTICE OF SETTIE- State of New York, .and Fishers Island Estates, MENT Inc., The New York Trust Company,. Charles K, Littlefield, Georgie B. Littlefield, Francis ,. Cole, Cornelia W. Vanderpool; Manufacturers and Traders Trust Company, Cla rence F. Bennett, Blanche H. Bennett, George J. Bender, Maxwell S. Porter, Nina V. D. livilliams, Town of South- old, County of Suffolk, people of the State of New York, Defendants, S, I R S PLFASE TAKE NOTICE that the within proposed JtIDGMENT CF CONDE101ATI0 t will be presented Per settlement and 'zienature to Hon. Mortimer W. Byers, United States District Judge in the office of the Gle r of the United States District Court m and for the Eastern District of New York located in the United States Courts and fovt Office BtAlding, No. '271 Washington Strut., Brooklyn, New York, i 94 Y., on the 16th day of November, 1943, at 10;$0 o'clock in the 9 forenoon of that day or as soon thereafter as counsel oan be heard. Dated: Brooklyn, New York, N. Y. November `11, 1943. `ours, ate. .,, MRRY T. DOL�kN Special Assiotant to the Atto gy General of tKe United States, attorney for Petitioner, Office & Post Office Address, 305 �;ashington Street, Brooklyn 1, New York, N. Y. To: Doran, Galli & McGli , Esqs., Attorneys for Francio T':. Cole, 55 John Street, New York, N. Y. i -1 f L i Sage, Gray, Todd & Sims, Esqs., Attorneys for- Fishers Island Estates, Inc. George J. Bender, 49 gall Street, New York, N. Y. Edgar F. Hazleton, Esq., _ Attorney for County of Suffolk, New York Avenue, Huntington, N. Y. Jackson, Nash, Brophy, Barringer & Brooks, Esgs., Attorneys for Maxwell S. Porter, 15 Broad Street, New York, N. Y. Lhite & Case, Esgs., Attorney for The New York Tru st Company, 14 Wall Street, New York, N. Y. Nathaniel L.Goldstein, Esq., Attorney General of the State of New York, 80 Centre Street, New York, N. Y. Town of Southold, c/o Russel L. Davison, Town Clerk, Southold, L. I., N. Y. Manuf'actuers and Traders Trust Company, Main & Swan Streets, Buffalo, N. Y. Li l l ian a. Fran hat, C/o C. P. Franchot, Esq., 60East 42nd Street, New York,, N. Y. Nina V. D. T:illiams, C/o Herbert 1}. Lilliame, 120 Broadway, New York, N. Y. fi At a Stated Term of the District Court of the Urited States, held in-and for the Eastern District of New York, at the United States Court House, Borough of Brooklyn, City and State of New York on the d iy of November, 1943. -PRESEN Ts HON. MORTIMER 'K. BURS, - District dudV. - - - - - - - - - - - - - - - - - -- - - - x UNITED STATES OF AP ERIC&J, Petitioner-Plaintiff, versus - No. C. P. 13 94.42 acres of land, more or less, at Fishers Island, ,Town of Southold, County of S affolk, JUDGMIItiTT OF CON State of New York, and Fishers Island Estates, DEMNATION Inc., The New York Trust Company, Charles Biu. Littlefield, Georgle B. ,Littlefield, Francis W. Cole, Cornelia- Vu Vanderpool., Manxx!acturers Tracts Nos. 1, 3 and. Traders Trust Company, Clarence F. Bennett, and 8 Blanche H. Bennett, George J`, -Bender, Mammli S. Porter, Nina V. D 14illiams, Tom vif South- old, County of Suffolk', People of tib State of New York, Defendants ..g The petitione3--plaintiff, the United States of America having applied tothis Court, pursuant to the authority of the Second War Powers Act approved March 27, 1942 (Public Law '507 - 71th Congress) and under the further authority of the Act of CoWes,s approved.August 1 8;1890 (BS Stut.316)sae amended by the Acts of Con- gress approved July .2, 1911 (40 Stat. 241), April 11, 1918 (40 Stat, 518, 50. U.S,C. see. 171) and the Act of Congress approved September 9, 1940 (Public Law 781. 76th 0ongeess) upon its Amended Notice and Petition in Condemnation duly verified the 30th day of September, 1943, for an adjudication that the public use requires the condemna- tion of certain real property situate in the Town of Southold, County < of Suffolk, State of hew York, for military purposes, and that the United States of America is entitled to have and to'hold such property t I- i for the .public use; and it appearing That bn the 4th day of March, 1943, ei plaintiff duly filed in the office of the Clerk of the United States District doutt for the 14astern District of 0aw Ygrk, Declaration of Taking NO, 1 dated the 22nd day pf Februatyj 1943, ekecuted by the Hon. Henry L. Stimson, Secretaky df War, declaring that the public use , requires the condemnation of Tract leo. 3 therein described and that simultaneously therewith deposited the sun of Twenty-eight Thousand and 00100 ($28,000.00) Dollars as the estimated just compensation therefor; and on the 15th day of March, 1943, the said petitioner plaintiff duly filed in said Clerkts office Declaration of Taking No. 2 dated the lot day of March, 1943 executed by the Hon. Henry L. E Stimson, Secretary of Var, declaring that the public use requires the condemnation of Tracts Nos. l and 8 therein described and that s-i- multaneously therewith deposited the sum of Forty-one Thousand and 00/100 041,000.00) Dollars as the estimated just compensation there.- for. That on the 5th day of March, 1943, a Judgment on Decl.arati'on of Taking No. 1 was duly entered and filed in this Court and on the 15th day of March, 1943, a Judgment on Declar4tion of Tak- ing No. 2 was duly entered and filed in this Court, both instruments adjudicating that title to the lands described therein vested in the United Statew of America. That a copy of said Amended Notice and petition in Condemnation having been duly served upon all of the defendants. here in who owned or claimed to own some right, title, interest or lien upon the subject property, and due proof of the service thereof hav- ing been duly filed, herein, all in compliance with the law and statutes in such case made and provided, and the application having come on to be heard before this Court on the 3rd day of November, 1943, and the following defendants having appeared by their respect- -2.. i i ftl1 1� ive attorneys, none of whom denies, disputes or opposes the relief prayed for in said .Amended Notice and Pqtition, to wits Francis W. Cole by Moran, Galli & McGlinn, Esqs.; Fishers Island Estates, Inc. and George J. Bender by Sage, Gray, Todd & Sims, Esqs.; County of Suffolk by Edgar V. Hazleton, Esq.; Maxwell S. Porter by Jackson, Nash, Brophy, Barringer & Brooka-, Esqs; The New York Trust Company by White and Case, Esqs., and the following defendants having defaulted in appearances The people of the State of New York, Town of Southold, Nina V. D. Vuilliams, Lillian W. Franchot, Manufacturers & Traders Trust Company, N 0 W, upon reading and filing the Amended petition and the Notice annexed thereto,- and upon.all the proceedings hereto for had herein, and it appearing to my satisfaction that pursuant to the Acts of Congress, aforesaid, the petitioner-plaintiff is entitled to the relief prayed. for, and no objection having been made, N 0 N, on motion of W4.RRY T. DOL!'X, Special Assist- ant -to the attorney General of the united States, attorney for the petitioner-plaintiff, it is ORDERED, ADJUDGED and DECW that the public use requires the condemnation of the subject land and described in the Amended Petition. as Tracts Nos. 1, 3 and S, together with all build- imgs and structures thereon which are part of the realty, except re- movable fixtures, and all appurtenances thereunto bel.onging, together with all riparian rights appurtenant thereto, subject, however, to existing easements for public roads and highways, for public utilities, for railroads and for pipe lines and further subject to easements heretofore granted to the Fishers Island• Estates, Inc. for the purpose Y of constructing and maintaining power and telephone lines in, across over and upon the said lands substantially along lines as shown on plat of R11derness Point Site prepared by the U. S. Engineer office; and it is further -3- t - - _ L ORDERED, ADJUDGED and DECREED that tho full, com- plete and unqualified title to the lands described in the Amended Petition as Tracts 1, 3 and 8, a metes and bounds description of which is as follows= TR&CT No. 1 A certain parcel of land-with the buildings thereon, together rrith all appurtenances be- longing thereto, situated in the Town of Southold,' in the County of Suffolk and the State of New York, being more particularly bounded and described as follows; Beginning at a stone bound on the southerly side of a public highway at a corner of land of the Fishers Island Estates, Inc. and land of the United States of America, known as '"Mt. Prospect Reservation" which stone bound has coordinates N 583.21 V. 3,014.71 referred to reference mark No. 2•- of 4ilderness Feint O.P. as the aero of coordinates the said reference mark No. 2 being a copper disc stamped AAOP 2 (1940); thence from the stone bound at the point of beginning i0F / northerly along land of the said Mt. ProspecT Reservation in a direction, pErpendicula r to the southerly bound line of said public highway; thence in a gener- al easterly direction along the southerly bound- ary line of said public highway a distance of 18071 to the point of bgginning of a new di- vision line through land of said Fishers Island ,;states, Inc; thence by the said new division ,line through the land of said Fishers Island Estates, Inc., S 720 031 E 1176.11 f to a stake whose coordinates are N 479.61 7 28-5.31; thence N 800 09t E 190.91 to the southwesterly corner of land of Maxwell S. Porter; thence by the _ land of said Porter N 670 44t E 222.51 to a corner of land of Nina V. D. Williams; thence by the land of said Williams in part and by land of the Fishers Island Estates, Inc. S 740 451 3. 184tto the M.H.17. line of Long Island Sound; thence in a general southe rly direction by said M.Hoi. line of Long Island Sound 1531 L to a point at property corner of land of Clarence F. Bennett; thence by land of said Clarence F. Bennett S 87" 371 Vi 701 A thence 5 680 22t W 374.91/; thence S 300 451 V: 315.11 to a stone bound at the extreme westerly corner of the property of Clarence F-. Bennett, said stone bound having coordinates S 12.51, W 310.4t; thence by land of said Bennett S 350 041 E 40t to a point at the extreme northerly corner of land of Lillian Ii. Franchot; thence by said land of Franchot by a curve having a radius of 710.71 and deflecting to the right a distance -4r 1 i f of 303.31 to the northeasterly corner of land of George J. Bender; thence by land of said Bender by the following courses and distances: westerly by a curve having a radius of 261.57f and deflecting to the right a distance of 134.471; southweSterly..by a curve having a radius of 34.791 and deflecting to the loft a distance of 59.11=; 8 11° 291 30" W a distance of 78.401/; southwesterly by a curve having a radius of 201.91 and deflect- ing to the left a distance of 48.471; S 2° 26f E a distance of 73.811 /; S 300 2t E a distance of 2201 / to the M.H.W. of Long Is- land Sound; thence in a general southwesterly direction by said M.H .. 'line 4351 to the property of C. Z . Vanderpool; thence by land of said Vanderpool the following courses and distancess N 000 051 7 571/; thence by a curve having a radius of 841 and deflecting to the left a distance of 85.7►; N 580 38f W. 18.61; thence by a curve having a radius of 182.81 and deflecting to the left for a distance of 157.21; 8 72° 13f 7; 200.1# to the extreme northerly cor- ner of the land of Francis Vi. Cole; thence by land of said Cole the following two courses; S 72° 131 `iZ 212.6+; thence on a curve having a radius of 238.81 and deflecting to the left for - a distance of 64.21 to a stone bound at the ex- treme northerly corner of the property of Charles Littlefield, said stone bound having coordinates S 660.6f and Vi 1.7211; thence by land of Charles Littlefield the following courses and distances: On a. curve having a radius of 238.81 and deflect- ing to the left for a distance of 166.9t; S 166 461 Tr 84.31; thence on a curve having a radius of 208.31 and deflecting to the right for a distance of 47.11; thence S 456 251 E 1571 to the line of Long Island Sound; thence—in a general southwesterly and northwesterly direction along said Long Island Sound 10251A thence about N 56° 001 W 2401/; thence in a genet-al northwesterly direction 'T151/ along the M.H.-4. line cf Long Is- land Sound to the land belonging to the United States of Lmerica, known as, "Mt. prospect Re- servatioe; thence along said Reservation bound- ary line N 406 041 E 6021{ to a concrete bound; thence along said boundary line N 096 33"V. 577.71 to a concrete bound; thence still by said boundary line N 236 2511W 177.71 to the point of beginning. Containing 80.52 acres, more or less. TRACT No. 3 A certain parcel of land with the buildings there- on, together with all appurtenances belonging thereto, situated in the Town of Southold, in the County of Suffolk and the State of New York, being more particularly bounded and described as follows; -5- 1 f 1 Beginning at the extreme westerly corner of the g•emi ses herein described and the extreme northerly corner of land of Charles Littlefield, at a stone bound having coordinates South 660.61 and gest 17211 refert4ed to reference mark No. 2 of wilderness point O.P. as the Zero of coordinates, the said reference mark No. 2 being a copper disc stamped AAOP 2 (1940); thence along land of the Fishers Island Estates, Inc. on a curbe ha v ng a radius of 238.81 and deflecting to the right for a distance of 64.2* ; thence N 72° 131 E 212.61 to a point at the extreme westerly corner of land be- longing to C. I.. Vanderpool; thence by .land of said Vanderpool S 34° 401 E 2181 / to the M•H• W. =_ line of Long Island Sound; thence southwesterly along said M.H.-ti. line 245' / to the land of Charles Littlefield; thence "Ey land of said Little- field N 400 42► W 2611 to the point of beginning. Containing 1.36 acres,-more or loss. TR&CT No. 8 A certain parcel of land with the buildings there- on, together vt th all appurtenances belonging thereto, situated in the Town of Southold, County of Suffolk and the State of New York, being more particularly bounded and described as follows= Beginning at a point on the southerly boundary line of a.401 road, said point being the north- easterly corner of the.premises herein described and the extreme northwesterly corner of land now or formerly belonging to Lillian V.. Franchot; thence running t 310 181 E for a distance of 330'/ to a point located on the mean nigh water line of Long Island Sound; thence turning and running in a southwesterly direction along said mean high water line fof a distance of 2851to a point; thence turning and running N 300 �21 7. for a dis- tance of 2201/ to a point; thence turning and run- ning N 2° 261:L for a distance of 73.81;/ to a point •of curved thence turning and running in a northeasterly direction along the arc of a Curve having a radius of 201.91 and deflecting towards the right a distance of 48.471/ to a point; thence turning and running N 11° 291 7011 E for a distance of 78.40f/ to a point of curve; thence cahtinuing in a nortFeasterly direction along the are of a curve having a radius of 34.791 and deflecting towards the right for a distance of 59.111/ to another point of curve; thence tuz'ning and-running in a southeasterly direction along the arc of a curve having a radius of 261.571` and deflecting towards the left for a distance f .134.47#/ to the point of beginning. Containing 2:30 acres,-more or less, vested in fee simple absolute in the petitioner-plaintiff, free from all liens, encumbrances, charges, servitudes, easements,restrictions, -6- i r 1' c_ covenants and appurtenances, subject only to and excepting therefrom the particular rights, interests or easements pocifically set forth in said amended Notice and Petition upon the filing of Declaration of Taking to. 1 covering Tract No. 3 on March 4, 1943 and Declaration of Taking No. 2 covering Tracts Nos. 1 and 8 on Birch 15, 1943, and the depositing in the. Registry of this Court of the said sums of Twenty- eight Thousand and 00100 (W28,000.00) Dollars and Forty-one Thousand and 00100 (641,000.00) Dollars, respectively, as hereinbefore*re- cited, and that the said lands are deemed to have been condemned and taken fcr the public use of the United States of America; and it is further ORDERED, ADJUDGED and DECREED that the petitioner- plaintiff, the United States of ionerica, is entitled to have and to hold in fee simple absolute the real property referred to as Tracts Nos. 1, 3 and 8 and described as aforesaid, for the public use and that each of the defendants in this proceeding and all persons claim- ing or deriving any interest in or lien upon or title to the said property or any part thereof be and they are forthwith barred and foreclosed of and from all right, title and interest, lien, claim and equity in and .to the subject premises and e ach and every part thereof upon making just compensation therefore; and it is further ORDERED, ADJUDGED and DECREED that the petitioner- plaintiff may apply for such orders, decrees and judgments as may be necessary or proper to fully effectuate the objects of the Picts of Congress, aforesaid, in so far as ,they relate to the acquisition of • the subject lands, and for a judicial determination to ascertain and determine the just compensation which should be paid by the petition- er-plaintiff to the owners of the property aforesaid, as their inter- onto may appear and to effectuate distribution of such awards that may be judicially determined to represent the just compensation to be -7- t f F made, the law and statute$ in such case made and provided, and that ti the Cleric of this Court is hereby directed to place this. cause on the civil non-jury calendar and to assign to it a calendar number on proof that due notice of trial has be.en given. United Sa es District judge a k r -8- ��.�'rmoai nnuino� Irr�:��i�� ��� w�������. ����i���� d VIII�I�.��,„���.�...,� 9...1. ���� � II��I�� III ���. � ����......�.d..........��__...... _... �� ..,..�.�•.ti�.W.�....��� ��.�.� __ mu ii i � ��� �„���i ,i .�i�,i.i iii �.o..�..�.�.....�,��....��— -�.���.—_..... ...�__.�. ...................... N0. C. P.11 UNITED STI�TES DISTRICT COURT E"STERN DISTRICT OF NEgv YORK UNITED STATES OF LZERICL, Petitioner-Plaintiff, • - versus - 94.42 acres of land, more or less, at Fishers Island, Town of South- old, County of Suffolk, State of New- York, a nd'Fi shers Island estates, Inc., et- al, Defendants. i - - JUDGMENT^OF CONDEMN.,-TION - - - C TON Tracts Nos. 1,3,8 NOTICE OF SETTIEMENT EiRRY T. DOL,N Special I�ssistant to the Attorney General attorney for Petitioner Office & P. 0. :.ddress 305 Vashington Street Brooklyn 1, New York, N,yo I l UNITED STATES; DISTRICT COURT EASTERN DISTRICT OF IM 11 YORK UNITED STATES OF AIIERICA, Petitioner-Plaintiff, NO. C.P.31 versus - NOTICE OF SETTLEME ITT 0.16 of an acre of land, more or ` less, situate in the Town of South- _ old, County of Suffolk, State of New York, and Fishers Island Es- F tate s, Inc. , Town of Southold, County of Suffolk, State of New York, The New York Trust Coripany, Defendants.' - - _ - _ _ - _ _ - -x S I R S PLEASE TAIM 170TICT that the within Judgment of Condermation will be presented for settlement and signature to the Hono Grover Ms Moscowitx, United Staters, District Judge, in the office of the Clerk of the United States District Court for the Eastern District of New York, in they Federal Building, 271 Washington Street, .Brooklyn, New York on the 29th day of September, 1943 at 10:30 o'clock in t}ie forenoon or as soon there- 'after as counsel can be heard. Dated: Brooklyn, New York Septeriber 23, 1943. i 'Tours, etc. , BARRY T. DOTJ N Special Assistant to The Attorney General Attorney for Petitioner Office and P.O. Address 305 Washington Street Brooklyn, X.Y. T0: Fishers Island Estates,Inc. , c/o..Franklin 11. Haines 2 Vest 45th Street, New York, N.Y. E Ir Town of Southold c/o Town Clerk, Southold, L.I. , N.Y. County of Suffolk c/o County Clerk Riverhead, L.I. , N.Y. The People of the State of Now York c/o Nathaniel L. Goldstein Attorney' General of the State of New York, 80 Center Street, New Yore, N.Y. k White w Case Attorneys for The New York Trust Company 14 LAA street New York, N.Y. -2- C r r- At a Stated Term of the District Court of the United States, held in and for the Eastern District of New York, held at the United States Courthouse in the Borough. of Brooklyn, City and State of New York, on the day of September, 1943, P R E S E N T - fiON. GROVER M. 11OSCOWITZ District Judge. - - - - - - - - - - - - - - - -x UNITED STATES OF AMRICA, Petitioner-Plaintiff NO. C.P.31 - versus - JUDGIMIT OF - 0.16 of an acre of land, more or C GNDLc.IIaATION less, situate in the Town of South- old, County of Suffolk, State of New York, and. Fip 4�.� tates, Inc. ,, Town of Souihold, County of, Suffolk, State of New York, The New York Trust Company Defendants. y - - - - - - - - - - - - - - - - -x The Petitioner-Plaintiff, the United States of America, having applied to this Court, pursuant to and acting under the Second War Powers Act approved March 27; 1942 (Pub Law 507 77th Congress) and the Act of Congress approved February 26, 1931 (46 State, 1421, U.S.CTitle 40, sec. 258a) and Acts supplementary thereto and ,amendatory thereof and under the further authority of the Act of Cengress approved August 18, 1890 ( 6 Stat. 316) as amended by the Acts of Congress approved' July 2,- 1917 (40.. Stat.241)April 11, 1918 (4Q Stat,- 518, 50 U,S.C.Sec.l7l) and the Act of Congress approved September 9, 1940 (Pub.Law 781 ,- 76th ,Congress) upon its notice and' Petition in Condemnation duly veri- fied the 26th day of May, 1943, and upon an Order amend- 1 1 r f Ing said Notice and Petition entered the 13th day of August, 1943, for an adjudication that the public use requires the condemnation of a perpetual easement for the location, construction, maintenance, operation and patrol of a water main, in, over, across and under the _y lands described in the petition, said real property being situated in the Town of Southold, County of Suffolk, State of New York, and that the United States of America be entitled to have and to hold such property for the public use, and it appearing that on the 26th day of May, 1943, the Petitioner-Plaintiff filed .in the office of the Clerk of the United States District Court for the Eastern District- of New York, a Declaration of Taking dated the 11th day of Ilay, 1943, executed by the Hon• Henry L, Stimson; Secretary of .lar of the United .3tates declaring that the public use requires the condemnation of a perpetual easement for the location, construction, maintenance, ' operation and patrol, of a water main, in, over,, across and under the lands described in the po'ti- tionj, and that simultaneously therewith deposited the sum of Two Hundred Fifty and 00/100- (w250.00) Dollars as the estimated just compensation. That on the 27th day of May., 1943, a Judgment on the Declaration of Taking was duly entered and ,filed in this Court adjudi- eating that a perpetual easement for the location., con ► struction# maintenance, operation and patrol of a water main# in, over, across and under the lands described in the petition, vegtod in the United States of Aimerica. That a. copy of said Notice and Petition In Condemnation having been duly- personally served upon all of the Defendants herein who owned'or claimed to own _ 2M some rights title or lion upon the subject property, and a copy of the Order entered the 13th day of August, 19430 having been duly served upon the additional party in the proceeding, and due proof of service of said papers having been duly filed herein, all in compliance with the laws and statutes in such cases made and pro- vided, and the application having come on to be heard before this Court on the 15th day of September, 1943s and the following defendant hav$ng appeared by its attorney, vjho does not deny, dispute or oppose the relief prayed for in said petition, to tit: The New York Trust Company, by White Case, Esgs. , and .the following do - fendants who have defaulted in appearance: Fishers Island Estatas, Inc., Town of Southold, County of Suffolk# The People of The State New York, and no parties appeared and opposed the application of the petitioner- plaintiff, N 0 Vii, upon all the proceedings heretofore had herein and it appearing to my satisfaction that pursuant` to the Acts of Congress aforesaid, the petitioner-plaid tiff is entitled to tho relief prayed for, N 0 W, on motion of Harry, T. Dolan, Special Assistant to the Attorney General of the United States, attorney for the, potitioner-plaintiff, it is ORDERED, ADJUDGED and DECREED, that the public use requires the condemnation of a perpetual easement for the location, construction, maintenance, operation and patrol of a water main, in, over, across and under the lands hereinafter described, and it is ORDERED.. ADJUDGED and DECREED, that the full, complete and unqualified title to s-aid perpetual, easement -3- i- i t _L I- for the location, construction, maintenance, operation and patrol of a water main, in, over, across and under the lands described in the petition, which lands are described by metes and bounds as follows : TRACT N0. 7 } A certain parcel 4of land situated in the Town of Southold, County of Suffolk,State of New York, bounded and described as follows: Beginning at a point, 320.15 foot, more or less, distant in a Southeasterly direction from the extreme Northwesterly corner of land belonging to the United States of America, and known as Tract No. 1, being on the ,Southerly boundary line of a prig- vate highway; thence turning and running in a Northwesterly direction by an interior angle of 4511 55, 3011, from the last men" tioned course, across said highways fora distance,.of• 44 feet, .more or less, to .a point; thence continuing along the above- mentioned course for a distance of 422 foots more or less, to tha center line of an existing water main thence turning and run- ning in a Southeasterly direction along said canter line for a_distance of 17 foot, more or less; thence turning and running in a Southeasterly direction and parallel to the first-mentioned course for a dies Lance of 4617 reef, more or less, to a pbint located on the Southerly boundary line of a private highway; thence turning and rung ning , in a Northwesterly direction along said Southerly boundary line for a distance of 1945 feet, more or legs, to the point or plane of beginning. Containing .16 of an acre, more or less* vested in tkw United States of America on the 26th day of May, 1943, , free from all liens, encumbrances, chargeav servitudes, easements, restrictions and covenants, upon the filing of said Declaration of Taking and depositing Two Hundred Fifty and 00/100 (0250.00) Dollars, , as hereinbefore recited, and that` the -said property is deemed to have been condemned and taken for the public use of the United States of America, and it is 4- ORDERED, ADJUDGED and DECREED that the peti- tioner-plaintiff is entitled to have and to hold such perpetual easement herein described, for the public use, and that each of the defendants in this proceeding and all persons claiming or deriving any interest in or lien upon or title to the said perpetual easement or any part thereof. , be and they are forthwith barred and foreclosed of and from all right, title, interest, lien, claim and equity in and to the said perpetual easement, and each and every;part thereof upon making; just compensation therefor, and it is further ORDERED.. ADJUDGED and DECREED that the peti- tioner--plaintiff may apply for such orders, decrees and 'Judgments as may be necessary or proper to fully effec- tuato distribution of such award that may be judicially- determined to represent the just compensation to be made) the law and statutes in such cases made and provided, and that the Clark of this Court is hereby directed to place this cauda on tho civil hon-jury calonaar and to assign to it a calendar numberi S. D. J. 116,........... ........ . . ... . . . . ....... .... ... .,.,., NO.C.P. 3 a UNITED STATES DISTRICT ODURT EASTERN .DISTRICT OF '11&-. YORK UNITED STATES OF 4TT::RICA, Petitioner-Plaintiff, versus 0.16 of an acre of land,more or less,situato in too Town of Southold, County of Suffolk etc, and Fishers Island Estates,Inc., et al. Defendants. MG-11B,NT OF CONDMMATION WITH NOTICE OF SETTLE11ENT - - - - - - - - - - - - HARRY T. JjOLAM Special 14sistant ,to `. the �,ttornoy Genc ral .'Attorney or Petitioner Office & P.O. Address 305 WashiuGton Street Brooklyn, ' lily, „. o , i UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NE+W'YORK - - - - - - - - - - - - - - - - - - - - - x UNITED STATES OF AMERICA, Petitioner-Plaintiff, - versus - No. C. P. 13 94.42 acres of land, more or less, at Fishers Island, Town of Southold, County, of Suffolk, NOTICE OF SETTLEMENT State of New York, and Fishers Island Estates, Inc., The New York Trust Company, Charles i . Littlefield, Georgie B. Littlefield, Francis. W. Cole, Cornelai Y . Vanderpool, Manufacturers �- and Traders Trust Company, Clarence F. Bennett, j Blanche H. Bennett, George J. Bender, Maxwell S. Porter, Nina V. D. Williams, Town of South- old, County of Suffolk, People of the State of New York., Defendants. - - - - - - - - - - - - - - - - - - - - x SIRS: PLEASE TAKE DYOTICE that an Order denying the motion of _ Maxw©11 S. Porter , by Jackson, Nash, Brophy, Barringer & Brooks, A, Esqs., for a modification of the Judgment of Condemnation in the above entitled proceeding of which the. within is a true copy will be pre- sented for settlement and signature to the Hon. Mortimer 7. Byers, United States District Judge at the office of the Clerk of the United States District Court in and for the Eastern District of New York located in the United States Courts and Post Office Build- - ing, No. 271 Washington Street, Borough of Brooklyn, City of New York, on the 15th day of February, 1944 at 10:30 o'clock in the fcn. - noon of that day or as soon thereafter as Pounsel can be heard. - Dated: Bro oklyn, New York, N.Y. February 10, 1944. Yours, etc., HARRY T. DOLAN Special Assistant to the Attorney General of the United States Attorney for Petitioner-Plaintiff Office & P. 0. Address No. 305 ►ashington Street To: Brooklyn 1, New York, N.Y.,_ Moran, Galli & McGlinn, Esgs., Attorneys for Francis Cole, 5a John..Street, New York, N.Y. i To: Sage, Gray; Todd & Sims, Esq.j Attorneys for Fishers Island Estates, Inca, George J. Bender 49 '.,;all Street, New Yorki N:Y Edgar F. Hazleton,. Esq.; Attorney for .County of Suffolk; New York Avenue, Huntington, N. Y. Jackson, Nash, Brophy, Barringer & Brooks, Esgs., Attorneys for Maxwell S. Porter, 15 Broad Street, New York, N.Y. White do Case, Esqs., Attorneys for The New York Trust Company, 14 Nall Street, Now York, N.Y. Nathaniel L. Goldstein, Esq., Attorney General of the State of New York, 80 Centre Street, New York, N. Y. Town of Southold, c/o Russel L. Davison, Town Clerk, Southold, L. I., N.Y. i Manufacturers and Traders Trust Company, Main and Swan Streets, 1 Buffalo, N. Y. i i Lillian Ti . Franchot c% G. P. Franchot, Esq., • 60 East 42nd Street, New York, N.Y. Nina V. D. Uilliams, c% Herbert D. Williams, 120 Pr oadway,. New York, N.Y. i i f t At a. Stated Term of the District Court of the United States, held in and for the Eastern District of New York, at the United States Court House, Borough of Brooklyn,- City and State of New York on the day of February, 1944. P R E S E N T : HON. MORTIMER W. BYERS, Distri ct Judge. - - - - - - - - - - - - - - - - - - - x UNITED, STATES OF AMERICA, ' Petitioner-Plaintiff, versus - No-. Co, P. 13 94.42 acres of land, more or less, at Fishers 0 R D E R Island, Town of Southold, County of Suffolk, State of New York, and Fishers Island Estates, Inc., The New York Trust Company, Charles W. Littlefield, Georgie B. Littlefield, Francis W. Cole, Cornelia YY Vanderpool., Manufacturers and Traders Trust Company, Clarence F. Bennett, Blanche H. Bennett, George J. Bender, i6axwell S. Porter, Nina V. D. Williams, Town of South- old, County of Suffolk, People of the State of New.York, Defendants. - - - - - - - - - - - - - - - - x This cause coming on to be heard before this Court at a stated term thereof upon the motion of Maxwell S. Porter, by Jackson, Nash, Brophy, Barringer & Brooks, Esgs., for a modifi- cation of the Judgment of Condemnation herein and said motion hav- ing been respectfully referred by Ron.. Matthew T, Abrusso to the Hon.. Mortimer W. Byers on the 26th day of January, 1%4 and- after readin and filing said motion and +re affidavit of Carl H. Parks, Esq., sworn to the 11th day of Januar, 1944 in support of said motion and the affidavit of Harry T. Dolan, Esq., Special As- sistant to the Attorney General, attorney for the Pertiti oner-plain- tiff, the United States of America in opposition thereto, sworn to the 31st day of January, 1944, and after reading their briefs submitted in support of and in opposition to,said motion and upon i r all the pleadings and proceedings had herein and upon due considera- tion thereof; it is ORDERED, ADJUDGED and DECREED that the motion is hereby denied and the said Judgement of Condemnation is hereby amended nunc pro tune to read Forty One Thousand One Hundred and 00/100 ($410..100.00) Dollars instead of Forty One Thousand and 00/100 ($41,000.00) Dollars; Mted Mtes is ric ge* f i i No. C. P. 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NE' YORK UNITED STATES OF AMERICA, Petitioner-Plaintiff, - versus - { 94.42 acres of land, more or less, at Fishers Island, Towti of South- old, County of Suffolk, State of New York, and Fishers Island Estates, et al, Defendants . 0 R D E R I NOTICE OF SETTIEM- NT HARRY T. D OIAN Special assistant to the Attorney deneral Attorney for Petitioner Office & P. O. address 305 1ashington Street Brooklyn 1, New York, N.Y.