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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. DEEDE; FRANK D SCHAIIITURG; , CHARLES J. UcNULTY and NATHAN DAVIS, duly elected 'trusgeess party of the first part,. and HEPMERT R., CONs 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 stare; °f S® 40°00' 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 7505O ' 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 tile 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, , Gre'enport, 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 priori 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 terms 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® ICI 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 Soutlold® STATE OI{ NEW YORK, SS :- COUNTY OF S OLK. On this ��� day of February, 1931s before me personally came WILLIARI M. BEEBE; ]ARM 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 SUFFOLN ASS on t�iis day of, February.. '1901, before fine ' ers oiial:ly,_ came 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 -roregoin, ; 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 AP:0• LEASE OF LANDS MMER VIATER. (origin-al) . 17N f i i THIS LEAS$ ode -and executed between 1HE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK Ltd• State of by FRHI?ER1CiC T1iBOR; CH�RLES Jo McNUL'1T,* NATHAN DAMS; H. $FSYMOUR CEiaE and STH ART'-fiN. hlO1iT4N,' duly Bloated trustees, party of the first part, and ALBERT 17. YOUNG, df'- attitud;k ..,5uff'ok=County, -New_ York, as executor of the last will and Testament of erbert-R: onAlixzg; 16-te of the'Totem of Southold,; County of Suffolk and State of Nev, York, .deceased;` rpart af` •the second part,,,this.-first ,day of December.,,_Nineteen `Hundred and thirty- a, certain lease was heretofore'sale by the Trustees of the Toym of Southold, rto Herbert- R, Corikling and another, which, said lease-dated the 1st day of Decembers 1$3b, was for,°a period of five (5) years from the date thereof leasing to the said Herbert nt R.- Conkli and another,premises herein described, and• Jr ,y �=` REAS; the Condition in said lease provided that the lessors upon notice of not more. than sixty-(GO) days i rior to the expiration thereof, nor less than thirty ,days prior to, the expiration• thereof, in writing, •that the said lease should be extended for a narthex° period of five (5) years, and . , 71Hr,RRAS,' Alexander C. Penny Is nova deceased and by duly executed 'assignment •fbr a valuable- consideration the executors of the estate of said Alexander C. Penny relgased to the_said-fferbert`le' •Conklf,ng, his, entire interest 'in said lease, and I'HBRRAS, the notice above-mentioned...was_ duly given• by said Herbert R.' 'Conk.=ii* during his lifetime',of h1s' 1ntentioa to .exercise the option for -an 'extension, NOW,, THHRRFORF, in consideration -of the aforesaid. and of the rents and covenants here�nafter •expressed the said party of the first part has demised and leased and do s hereby demise and lease:_to,the,said party of the second ,part, all that .land under watrs in Mattf.tuck .Creek, ;IA,said ,Town,;of Southold, Suffolk-County, New York, depavibed as•,.foll6,ws e- BUGINNING.et- a stake in the channel of -Mattituck Creek, about 50 feet westerly•from; the::east share of said rcreek, _end;running, hence_ 4._4000!_ E.- 1033 Peet to a stake; 1 the-nee "3 S 4Q Bs- _270 feet -to 'a stakg;-, - - Yt -5 4O0001 W - 39 feet to a btd1te; �F _ ;N. 23?001 W-294--_feet to a stake; N. -6940, 11.-1031 fe®t--to a stake;_ rr ill: 76060, R� S& feet et to ,the point of beginning. Containing One and Ninety- four Heindredths,4 ) =acres'by survey,; for his exclusive use for the purpose of--6ultivating; -ra-Asing and harvesting=shpj}l ffsh on said land, 'with the privileges and`appurtenances'foe►and during the term ,of five. (5) s_ yea;-A., from the lst day of December, I-9;3sA ahlah term will .end December lgt;, 1340,, at noon, and they party of the second part covenants that he will pay to the party of the first part the annual resat of Fifty (650.) Dollars to be paid-annually In advance on tine Ist day of Jmuary In each year during sold term.. ` &i1iD PROUI=, that the party of the sedond part shall, fail to pay sal d 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-arty legal rpiwdyp. The premises herein described are shotm on a certain map entitled, "Hap of. Oyster 'dround surveyed for H. R. Conkling•& Co. In Httituck Creek, Toim of Southold, 14-Y-Y dated November 109 19309 Otto 1R. Van ` uyl, Greenport., N.Y... Surveyor.. In connection with the rise of said ?ands, party of the-second part agrees that he will abl,de by -all the lads of the United States of Amerlea and all lams of the State oi` New York, including the regulations of the New Stork State Conservation Department and all County and To= rules and ordinances and shall: use the premises only for the purpozes mentioned herein, _ The party of the second part: agrees that he vIll not interfere with navigation or of any lawful use of the said-Aatets of Batt:ituck Creek by the public& ' A violation if' any of the terns of this lease by the party of the second part shall, at the oleac,lon of the party of the fl.rst part,, Immedletely terminate this lease,. The party of the second part covenants and agrees that he will not assign this lease, or sublet any portion of the leased premises, without: tom,_varit:ten consent of the party of the first part; and it Is understood and agreed that no assignment or subletting of any portion of the leased premises shall be Maude without the written consent of the party of the first part, and a violation of this covenant shall constitute a cancellation of said lease. The party of_the •second part agrees that he will surrender up said premises to the party of the first part in as good condition as now, excepting such damage which may result by the reasonable use thereof as provided for herein. IN -Ti-ITNESS ; NFMOF¢ 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 its Trustees, and the panty of the second part has hereunto set his hand and seal.. in duplicate-, the -day and year first above vritten-4 i CAF _.r,4- 9-P Ts�istees cif t- --he 'or n of Sout'hb 100cutol` t f the-Estate Herbert ' o ondc3 ingg =- deceased, STATE OF NHV; YORK, COUNTY OP SUFFOLK. -Ore -this �' day of November, 1.935, �ef®rp me personally came :. FREDERICK. TABOR; CHARLES J., McMULTY* N.THAN DAVIB i Ha SEYVTOtJR-_CASE- and STEW. ART W. HORTuILi each to me knotm, vho being by me-severally daily svflrn, 4 1 each, "Or hi Olf say that he resides in said Town. of Southold,* that he Is a TrUstoe of salsa Tow,,,. the c9ppopation described In and Vhiah executed the foregoing InstrtuQerct; Ghat: he ��vr�• tlae seal of said corpor�Ltlona that the seem fflxed to such rostrum t is such ecsrpQrat seal; drat; ; was so affixed by order-of the said Z=ustees and that he artlyzed hiq name-then-eft by likes- order._ 3dotary I ibllc, S• PP. Goa ST,K`s''E OR M15 YORK.R COUNTY OF SUPFLK. Ori this ��` day of November, "1935', before ffie -personally eame ALBE.I;T W. YOUNG.. as Executor of the last V-1111 and Testament of Herbert R. ConklIngs_ deceased, to me knovn and known to me tic; the Individual described in and who executed the foregoing Lease and duly acknowledged to me that he executed the same as such Ex tor*,. Notary Public,, Suff.Co. e j.i r li 9 FRED;3RICf TABOR; CHi:RLES J. McNULTY; NATHAN DAVIS; H. SEYMOUR CASE and STEM"JART tA!. HORTON, Trustees, -to- i ALBERT ',%. YOUNG, as executor of the j last 67i11 and Testament of Herbert R. Conkling, deceased. I k i - L E A S E . (duplicate original) i i - C ` 66tth O ej ru � � o r, t e i { +L3 • f • 1 o ° SVe A � M i9 P o F" OYSTER G'P 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. k - � C 111 N 7` So'E• f :1 -86• G 6 4 Q z E zURVEYEd i-olZ N /S?4 7-7'/TUG CrRUE-S"�- No e<crr�be� /D /.930 . G'rc�rr�nt�r N.Y.