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HomeMy WebLinkAboutConkling, Herbert THIS LEASE made and executed between THE TOTOT Or, SOUTHOLU, County of Suffolk and State of New- fork., by WILLIAH Zvi. DEERE; FRANK D SCHAIIITURG; , CHARLES J. UcNULTY and NATHAN DAVIS, duly elected 'trusgeess party of the first part,. and HEPMERT R., CON"LING and ALEXANDER C TENNEY, both of Mattituck, Suffolk County, Ndw York, 'pa�ties of the second part' - this first d.ay, of December; Nineteen Yiundred -and thirty. In consideration of the rents and covenants hereinafter expressed the .said party of the first part -has clemised and leased and does hereby demise and lease- to the said panties of the second part, all that land under waters of Mattituck Creek in the said Town of Southold, Suffolk County, New York, described as follows:- BEGINNING at a stake in the channel of Matti-tuck Creek, about 50 feet westerly from the east 'shore of said creek, and running thence S. 4900? E.-1033 feet to a, stake; thence S• 15040? Eo-270 feet to a stake;°f S® 40000' W.- 39 feet to a stake; it Na 230001 Wo -294 feet to a stake; PP N. 50401 W®-1031 feet to a stake; n No 70050 ' E.- 86 feet t,o the point of beginning- Containing One and Ninety-four Hundredths (1094) acres, by survey,,,-, for their exclusive use for the purpose of cultivation, raising and harvesting of shell fish on said land, witli tie privileges and appurtenances for- and during the tern of five • (5) years from the 1st clay of December, 1930, which, tern will end December , l, 1935, at noon, and the parties of the second part covenant that they will pay to the party of the ,first part for the use of said premises the annual rent of FIFTY (*50*) Dollars to be paid annually in advance on, the lst day of January in each year during said term- And Provided, that the parties of the second part shall fail to pay said rent, or any' part thereof, when it becomes due it is .agreed that the said party of •the first part may, sue for same, or at its option cancel this lease, ,or resort to any legal remedy:- map of the said premises entitled ff11ap of oyster Ground surveyed for II• Re Conlrling & Co. in YIattituck Creek Town of Southold, Nov* ,- dated November 10, 10009 { Otto W. 'Va,n. Tuyl, , Greenport, I`Io is attached hereto and - made, -a part hereof o The party of the' first part agrees that this lease . shall be extended for a further period of five .(5) years From the date of expiration hereof provided that not more' than sixty days -prior to the expiration thereof., nor less 'than 'thirty 'days prion to the expiration thereof, parties of the- second. party shall notify. the party of the first part, in writing, of their intention to exe-rc,ise the option to extend this lease for a' further petiod.-�of five- years® -ln c:onnection with the use of said lands parties of the second part agree that they will abide by all, the laws of the' United States of America and all laws of the Mate of New York, including the regulations of the New York Mate. Conservation Department and all County and Town, rules and ordinances and s,iall use -the premises- only for the purposes mentioned herein- The parties o'L the second part agree that they will or not interfere ,with navigation'Aof any lawful use of the said waters of Mattituck Creek-by the public. A violation of any of the teras of this lease by the parties of the second part shall, at the election of' the pasty of the 1'first- part, immediately terminate this lease* The parties of the second part covenant and agree that they =vill ,not assign this lease, nor sublet any portion of -zt'He.,. leased premises without the written consent of the party of the first part and a violation of, this covenant shall constitute a cancellation of said. lease• Tlid. parties of the 'second part agree that .they will surrender up said premiseso the party of the first pat in as, good condition as now., excepting 'such damage which may result by the reasonable use thereof as provided for herein® ISI FITNESS VrTrRREOF, the party of the first part has hereunto caused its corporate seal .to be attached ,and these presents to' be subscribed by a majority of it's Trustees, and -the parties of the second past have hereunto set their hands and seals, .in duplicate, the,Aay, and year first above written. e_ Trustees of the 1'ot _ f Soutl3old® STATE OI{ NEW YORK, SS :- COUNTY OF SOLK. On this ��� day of February, 1931s before me personally came WILLIARI M. BEEBE; ]SRM B• SCHAMMURG; `- C'IA'RLES J. McNULT70 and NA`i'BAN DAVIS , each to me kn' own, who being by me severally duly sworn did each for himself say that he resided in said Town of Southold; that he is a Trustee of said. Town, -the corporation described in and ifhi ch executed-the foregoing instrument; that he knew the seal "'of said corporation; that the seal affixed to such instrument was such corporate seal; that it -'teas so 5 aff fixed by o de'r of the said Trustees` and that 'he affixed his Halm thereto -by, like order•• N otary, Pubili,c, Suff C o•'" ' STATE, OF NEW •YORE, r , COUNTY OF SUFFOLK SSS Ori t�iis day of, February.. '1901, before fine ' ers oiial:ly,_ carne HERB RT' R• : C OI�T.�LING 'and.ALM NDER C. PENNEY_'.'to me Imowh and keno-mn to me to ,be the two individuals described -in and who executed the -ror'egoin, ; lease and sevei°ally AdlmoWledged- to-"ine tli,at.-they -executed ; 'Notary Public-, Suff• C.o•, 4 i THE, TOWN Or, SOUTHOLD, s and- HEMERT R. C ONKLi11TG AND ANO• LEASE OF LANDS MMER MATER. (origin-al) . 17N f - C ` 66tth O ej ru � � o r, t e i { +L3 • f • 1 o ° SVe A � M i9 P o F" OYSTER 6-PZ 0U" SURVEYEl7 FO/Z s To vv of SovrHo4.D, /Y Y. Sca/c /00 �-��� Novc-mher /D /3,3o , t�I Gr e'rr�orl� N.Y.