HomeMy WebLinkAboutKlipp, Fred AFFIDAVIT OF APPLICANT.
STATE OF NEW YORK,
COUNTY OF SUFFOLK, }Ss.
e. . .. . . . . . . .. . .
in the County of. . . . .. . . . . . . . .
being duly sworn, says
1st. That. .lie.. .
ithe person named in the annexed printed notice,
A PPLICATION FOR GRANT OF LAND as the applicant for a grant of the land under
that I FDER red Klipp WATER undersigned,herebygiven
vil- water, therein particularly described.
lage of Greenport,in the town of Southold,
county of auffblk and State of New York,own- 2d. That the said land Is situated in the Towner in tee and occupant of the land under water
and the docks and bulkheads built thereon,
adjoining the land below high water marls of of Southold, in the County Of Suffolk, and in the
�terhng harbor or basin, as hereinafter de-
scribed,will make application to the Board of
Trustees of the Toun of touthold,in the said State of New York, and is. . .-. .
County of r uflolk,at the office of Hon Henry
A Reeves.Clerk of said Board,in the village
of Greenport,in said Lown,on :ii *1 y,the within the corporate limits of an ineciruorated il-
fitteenth day of June,19o1,at one o'clock m the
afternoon,for a grant in perpetuity to me,the
said Ired Klipp,by the said town,'for the pur- lage, or city, viz.
poses of commerce,of the lands under water
and below high water mark in front of the
land under water and the doclis and bulkheads 3d. That. .lie. . . . ... . . . . .. . . . . . . . . . . . .
built thereon owned and occupied by me,in
the village and town aforesaid,which lands so owner in fee of the adjoining upland desciib;d in
applied for,are bounded and described as fol-
I! lows,viz: Beginning at a point on the edge of
the present buikhead and on the northwesterly said annexed notice, and.. . . . . . .in
corner of the land applied for and from which
Eomt of beginning the end of the Breakwater
bears southtrfty-five degrees and forty-five the actual occupation thereof.
minutes east,and running thence north thirty
degrees and fifteen minutes east twenty-five
feet,thence south sixty degrees and forty min- 4th. That the matters of fact set forth in said
utes east two hundred and sixty-one and five-
tenths feet,thence south seventy-three degrees annexed notice are true to the best of the knowl-
and forty-five minutes west seventy-five feet,
and thence north fifty-two degreee and ten
minutes west two hundred and thirteen feet edge and belief of deponent.
the said last course being along the land now
owned by this applicant to the point of begin-
ning and containing by survey two hundred '"Jr�Glf"®�17R1L�fl b Owne( y apl�-Gh ad-
and twenty-four thousandths of an acre. The
upland adjoining the land to be so applied for acent to the=preceding
hereby d-or were assessed
is bounded northerly by lands under water ]
owned by this applicant,easterly by the docks
and bulkhead lands of this applicant,southerly at the sum . ... . . . . . .
by the several lands of the estate of Henry
Fordham, deceased, and lands of Tuthill &
Higbie and westerly by lands underwater of dollars on tessment-roll of the
this applicant 'Ihe soundings once in fifty feet
on the whole exterior line OF said piece of land
to be so applied for,beginning at the north- sai Town in which said uplands are situated, and
westerly corner thereof and going thence
around said piece are as follows: First,eight
feet; second,six feet; third•four feet; fourth. — glands are of the area Of .. . . ... . . . . ... ..
three feet six inches;fifth tour four six inches;
sixth,five feet-and seventli five feet six inches
All of the said soundings being taken at high • •• • • •• • •.. ' • . . . . . . . . . .
water marls and said courses being the true
magnetic courses of said boundary lines "'6th. That,,�ib--4�a • , ,intend(�...
ated,1(th May,1901,
FRED KLIPP,Applicant.
ALBERTSON CASE,Attorney,Southold,N Y forthwith to appropriate the land applied for to
the purposes of commerce, by erecting thereon a
dock or docks.
'7t�i9-�iliat_tl d a )lied for is necessary
and proper, and not more than is ne ry for the,
purpose of the beneficial ; yment of the said ad-
joining i nc s, for the following reasons
... . . . . . .. . . ... . . . . .. . . . . . . ... . . . . .... . . . .... . . .
. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . .. . ... . . . . . .... . . . . . . . . . . . . . ... . . .... . . . ... . . . . .
... . . . . . . .. . . . . . . . . . . .. . . ... . . ... .. . . ... . . . . . . . . .. . . . .. . . . . I .. . . . . .. . . . . . . . . . . .. . . . . ... . . .
2. . . . . .. . . . . . . . . . . . ... . . ... . . . . . . . . . . . . . . . . . .. . . . . . . . . .... . . . . . . . ., . . . ... . . .
.. . .... . . . . . . . . . . .. .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ... .... . . . ... . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . ... . . . . .
3. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ... . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . ... . . . . . .... . . . .. . . . . . . . . . . . . ... .. . . . . . . . . . .
. . . . . . . . . . . . . . .. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . ... . . . . . .... . .
. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . ... . . . . . . . . . . . .
... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . .. . . . . .... . . . . . . . . . .
Sworn to before me, this. . .
day of. . ..
*NOTE.—In cases of applications for purposes of commerce,omit the 5th and 7th paragraphs; and in cases of applica-
tions for beneficial enjoyment, omit the 6th paragraph.
N o
AFFIDAVIT OF TWENTY YEARS POSSESSION, ETC.
STATE OF NEW YORK,
COUNTY OF SUFFOLK, 88. :
TOWN OF SOUTHOLD,
of the Town of Southold, in the County of Suffolk,
in the State of New York, being duly sworn, says:
1. That he is well acquainted with the lands of
. . I.. . .. . . . . . .. . . . . . .
.. . . . .. . . . . . . . . . . ... . . . . . . . . . . . . . . .
described in the annexed printed notice, and has
been so for more than twenty years last past.
APPLICATION FOR GRANT OF LAND
UNDER WATER—Notice is hereby given 2. That 1 he uplands have been more than
that I,Fred Klipp,the undersigned of the vil- P
lase of Greenport,in the town of touthold,
county of Suffolk and btate of New York,own- tweet last past in the,possession of said
own-
er in fee and occupant of the land under water y years
and the docks and bulkheads built thereon,
adiofnmg the land below high water mark of
bterling harbor or basin, as hereinafter de- !•"'• •
scribed,will make application to the Board of
Trustees of the'lown of bouthold,in the said
County of.uftolk,at the office of Hon Henry ... . . . ... . . . . .. ... .. . . . .. .
A.Reaves.Cleric of said Board,in the village
of Greenport,in said Town,on c aturday,the
fifteenth day of June,1901,at one o'clock in the .. . . . . ... . . . .. . . . . . . ... . . . . . .. . . . . .. . . . . . . . .
afternoon,for a grant in perpetuity to me,the
said Fred lilipp,by the said town,for the pur-
1 poses of commerce,of the lands under water and those under and through whom he now holds
and below high water marls in front of the
land under water and the docks and bulkheads
built thereon.owned and occupied by me,in and claims, and that such possession during the time
the village and town aforesaid,which lands so
applied for are bounded and described as fol-
lows,viz: l�eginmng at a point on the edge of foresaid was accompanied by a claim of title and
the present bulkhead and on the northwester),
corner of the land applied for and from which
Il ppoint of beginning the end of the Breal.water wnership by and on the part of the said.... .. . . ..
bears south fifty-five degrees and forty-five
minutes east,and running thence north thirty 2
degrees and fifteen minutes east twenty-flea
feet,thence south sixty degrees rind forty min- / ' . . ' ' ' ' '
utes east two hundred and sixty-one and five-
tenths feet,thence south seventy-three degrees
and-forty-five minutes west seventy-five feet.
and
tes west two hundred and thirteen feet
the said lastcuursebeiug along the lana now and those under and through whom he now claims
owned by this applicant to the point of begin-
ning and containing by survey two hundred
and twenty-four thousandths of an acre. the title t0 said premises, and such posseSNloIl and
upland adjoining the land to be so applied for
is bounded northerly by lands under water
owned by this applicaut,easterly by the docks claim of title were accompanied by tile following
and bulkhead lands of this applicant,southerly
by the several lands of the estate of Henry
Fordbam, deceased, and lands of Tuthill acts of ownership and use, viz.
Higbie and westerly by lands under water of ®�
this applicant. 'lhe soundings once in fifty feet
on the whole exterior line of said piece of land
to be so applied for,beginning at the north-
westerly corner thereof and going thence
around said piece are as follows: First,eight
feet; second,six feet; third,four feet; fourth.
three feet six inches;fifth four four six inches;
sixth.five feet;and seventh five feet six inches. �¢.a/�� ,, , , , , , , , , ,,
All of the said soundings teing taken at high
water mark and said courses being the true
magnetic courses of said boundary lines. , , ,, , , , , , ,,, , , ,, , , , ,, , , , , , , ,
Dated,ifth May,001.
FRED KI.IPP,Applicant.
ALBERTSON CASE,Attorney,Southold,N Y . . ... . . . . ... . . .
. . . . . . . . . ... . . . . . . .. . . . . . . . . . . . . . .... . .
.. . . . . . . . . . . . .. . . . . . .. . . . . . . . . . ... . . . . . . . . .
. . . . . . ... .. . . . . . . . . .. . ... . . . . . . ... . . . . . . . .
._"'-.-------- . . .. . . . .. . . . . . ... .. . . . .. . . ... . . . . . ... . . . . . .
3. And deponent further says that he has no
interest in said premises, or in this application, or
r--
in the result thereof.
Sworn to before me, this. . f. .
day of..
AFFIDAVIT OF SERVICE ON PRESIDENT OR CLERK, ETC.
STATE OF NEW YORK,
COUNTY OF SUFFOLK, 38.
TOWN OF SOUTHOLD, J
. . . . . . . . . . . . .. . . . . . . . . . . .
/ted$the Town of Southold, in the County of Suf-
folk, aforesaid, being duly sworn, says that on the
. . . . . ..dav of. .
�----. . . .l 01,.he personally served upon
! ,! PPLICATION FOR GRANT OF LAND
t� UNDER WATER—Notice Is hereby graven
that I,Fred Klipp,the undersigned,of the vii- -
lage of Greenport,in the town of Southold,
county of Suffolk and State of New York,own-
er in fee and occupant of the land under water . . . . who was t0 hlin person-
and the docks and bulkheads built thereon,
adjoining the land below high water mark of
,terhng harbor or basin, as hereinafter de- ally known t0 be the.. . . . . . . . . ..
scribed,will make application to the Board of • • . .•• • • - •
Trustees of the Town of ,outhold in the said
County of cuffolk,at the office of hon Henry
A Reeves.Clerk of said Board•in the village
ofGreenport,in said Town,on c aturday,the • . • • • • • ' • ' . ' ' ' ' ' ' . . ' • • • • • •. • • • • •'• • • .
fifteenth day of June,1961,at one o'clock in the
afternoon,for a grant in perpetuity to me,the
said Fred Klipp,by the said town,for the pur- of the Village of Greenport, Town of Southold, in
poses of commerce,of the lands under water
and below high water mark in front of the
land under water and the docks and bulkheads
built thereon owned and occupied by me,in the County of Suffolk, in the State of New York, a
the village and town aforesaid,which lands so
applied for,are bounded and described as fol-
lows,viz: Beginning at a point on the edge of I
the present buikhead and on the northwesterly notice of which the annexed is a printed copy, by
corner of the land applied for and from which
ppoint of beginning the end of the Breakwater
bears southfitty-five degrees and forty-five an
hdin thd lin it with hint.
minutes east,and running thence north thirty e same to anleaving
degrees and fifteen minutes east twenty-five
feet,thence south sixty degrees and forty min-
utes east two hundred and sixty-one and five- C }
tenths feet,thence south seventy-three degrees °, _ _
and forty-five minutes west seventy-five feet. t J y
and thence north flits-two degreee and ten
minutes west two hundred and thirteen feet
the eaid last course being along the land now
owned by this applicant to the point of begin-
nfnt ancontaining by survey two hundred
and tand containing
thousandths of an acre The
upland adjoining the land to be so applied for
is bounded northerly by lands under water
—
owned by this applicant,easterly by the docks
and bulkhead lands of this applicant,southerly
by the several lands of the estate of Henri
Fordham, deceased, and lands of Tuthill
Higbie and westerly by lands under water of [/
I this applicant 1 he soundings once in fifty feet
on the whole exterior line of said piece of land
to be so appliad for beginning at the north-
westerly corner thereof and going thence ;
around said piece are as follows: First,eigbt d/ C v
feet; second,six feet; third•four feet; fourth. << C
three feet six inches;fifth four four six inches; /
sixth.five teat;and seventh,five feet six aches
All of the said soundings being taken at high
water mark and said courses being the true
magnetic courses of said boundary lines
Dated,ltth n7ay,(901.
FRED KLIPP,Applicant
ALSERTsoic CASE,Attorney,Southold,N Y
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AFFIDAVIT OF POSTING NOTICES ON TOWN CLERK'S OFFICE.
STATE OF NEW YORK,
COUNTY OF SUFFOLK, �Ss.
TOWN OF SOUTHOLD, J
-
.. . . . . .. . . . . . . . I . . . . . . . . ... . .. . ... . . . . . . . . . .
of the Town of Southold, in the County of Suffolk,
being duly sworn, says:
1. That on the. ./.1r.. , . . .day of .
1' v(. . .he securely posted and put up and left
upon the outer door of the Town Clerk's office of
I
the Town of Southold, in the County of Suffolk, in
PPLICATION FOR GRANT OF LANDAINDd hereby FredKlpp,the undersigned,oth
the State of New York, a notice, of which the an-
lage of Green ort,in the town of Southold,county of auffolk and state of New York,own-
er in fee and occupant of the land under water neXed is a printed copy.
and the docks and bulkheads built thereon,
adjoining the land below high water mark of
bterling harbor or basin, as hereinafter de-
scribed,will make application to the Board of
Trustees of the'loiin of touthold,in the said
County of;uffolk,at the office of Hon Henry
A Reeves,Clerk of said Board,in the village
of Greenport,in said'lown,on :aturdav,the
fifteenth day of June,1914,at one o'clock in the
afternoon,for a grant in perpetuity to me,the
said s red Klipp,lie the said town,for the i) �^
Poses of commerce,of the lands under water
✓�-.�,�
and below high water marls in front of the
land under water and the does and bulkheads
built thereon owned and occupied by me,in
the village and town aforesaid,which lands so
applied for,are bounded and described as fol-
lows,viz: Beginning at a point on the edge of [J
the present buikhead and on the northwesterly
corner of the land applied for and from which
Point of beginning the end of the Breakwaterfive
bears southtifty-flue degrees and forty-five
minutes east,and running thence north thirty
degrees and fifteen minutes east twenty-five
feet,thence south sixty degrees and forty min-
utes east two hundred and sixty-one and five-
tenths feet,thence south seventy-three degrees <
I and forty-Rue minutes west seventy-five feet, a at least twenty-eight days before th date'of appli a `
and thence north fifty-two degreee and ten
minutes west two hundred and thirteen feet
the said last euurse being along the land now
owned by this applicant to the point of begin-
ning and containing by survey two hundred
and twen0-four thousandths of an acre '1 he
upland adjoining the land to be so applied for
is bounded northerly by lands under water
owned by this applicant,easterly by the docks
and bulkhead lands of this applicant,southerly
by the several lands of the estate of Henr$$
Fordham• deceased, and lands of Tuthill S
Higbie and westerly by lands under water of
this applicant 'I he soundings once in fifty feet
on the whole exterior line OF said piece of land
to be so applied for,beginning at the north-
westerly corner thereof' and going thence
around said piece areas follows: First,eight
feet; second,six feet; thud,four feet; fourth.
three feet six inches;fifth,four four six inches-,
sixth,five feet;and seventh,five feet six inches
i All of the said soundings being taken at high
water marls and said courses being the true
magnetic courses of said boundary lines.
Dated,itth lila$,,1901
FRED KLIPP,Applicant
ALBERTSON C,WE,Attorney,Southold,N Y
I
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II
it
1 AFFIDAVIT OF SURVEYOR.
STATE OF NEVA YORK,. /
COUNTY OF SUFFOLK, SS.
TOwN OF SOUTHOLD, `
—_ —. - - . . . . . . . . . . . . . .. . . .. . . ... . . . .. .
A PPLICATION FOR GRANT OF LAND
t� UNDER WATER—Notice is hereby given
that I,Fred Klipp,the undersigned,of.the vil-
lage of Greenport,in the town of Southold,
county of Suffolk and State of New York,own- 4Atthe Town of Southold, County of Suffolk, being
er in fee and occupant of the land under water
and the docks and bulkheads built thereon,
adjoining the land below high watermark of duly sworn, says, that he is a practical surveyor.
aterhng harbor or basin, as hereinafter de-
scribed,will make application to the Board of
Trustees of the Town of touthold,in the said That he made the maps accompanying the pa-
County of c uffolk,at the office of Hon Henry
A.Reeves.Clerk of said Board,in the village
of Greenport,in said down,on r aturday,the pers in the matter of the application of. . . . . . . . .
flfteentb-day of June,19(.1.at one o'clock-in the
afternoon,for a grant in perpetuity to me,the
said Fred lilipp,by the said town,for the pur-
poses of commerce,of the lands under water �• • • • • • • • • • • •• • fora grant of land
and below high water mark in front of the
I land under water and the docks and bulkheads c c »
I built thereon.owned and occupied by me,in under water marked respeetiv l "A and 11B,"
i the village and town aforesaid,which lands so
applied for,are bounded and described as fol-
lowslows,viz: Beginning at a point on the edge of and signed
, . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .
the present builchead and on the northwestarl
corner of the land applied for and from whic?i
Moiof beginning the end of the Breakwater that the said snaps are accurate and contai n a cor-
rs south tifty-five degrees and forty-five
minutes east,and running thence north thirty
degrees and fifteen minutes east twenty-five rect description and plan of the lands under water
feet,thence south sixty degrees and forty min- J
utes east two hundred and sixty-one and five- as appli d for by
tenths feet.thence south seventy-three degrees
and forty-five minutes west seventy-five feet.
and thence north fitty-two degreee and.ten /
minutes west two hundred and thirteen Seet. G�/� i' ' ''-�...
the said last course being along the land pow
owned by this applicant to the point of begin-
mngnd tiventy-four thousandths of an acre. The and containing by survey two hundred and also of the adjoining lands of said applicant.
a
upland adjoining the land to-be so applied for
is bounded northerly by lands under water That the annexed printed notice contains a cor-
owned by this apphcaut,easterly by.the docks
and bulkhead lands of this applicant,southerly
by the several lands of the estate of Henry
Fordham, deceased, and lands of Tuthill & rect description (in accordance with said maps) of
Higbie and westerly by lands under water of
i this applicant. 'she soundings once in fifty feet
on the whole exterior line of said piece of land said lands under water, the exact coulrses and din-
to be so applied for,beginning at the north-
westerly corner thereof and going_thence
T around said piece are as follows: First,eight tances being given therein in words of fall length.
feet; second,six feet; third,four feet; fourth.
three feet six inches;fifth four four six inc es;
sixth.five feet;and seventh five feet six inches That one of said maps, marked "A," shows
All of the said soundings being taken at high
water mark and said courses being the true
magnetic courses of said boundary lines further the soundings once in fifty feet on the en-
Dated,irth May,(sol.
ALBERTSON CASE,Attorney,neyy,,Soutld,Applicant
fire exterior line of said lands under water and the
particular course of the shore line of the l
.. , �..,. .. . .at the points where
said lands under water are situated, together with
the lands of the adjoining owners on either side,
and all docks, bulk-heads and other improvements
thereon.
That the other ,)f said maps, marked "B," shows
the general course of said
o for
a distance of one-half mile in each direction from
the said lands under water
Sworn to before me, this. .
day
AFFIDAVIT OF PUBLICATION.
STATE OF NEW YORK,
COUNTY OF SUFFOLK, SS. :
TOWN OF SOUTHOLD, J
a
of the Town of Southold, n the County of Suffolk,
eing dungy sworn, says:
f ��the
. . . ..... . . ... .. . . . . .. . . .
a newspaper printed and published in the Town of
Southold, in the County of Suffolk, in the State of
New York.
A PPLICATION FOR GRANT OF LAND
that I Frred app,the uTER nders gned,of the vii 2. That a notice, of which the annexed is a
lage of Green ort,in the town of Qouthold,
county of bufl'o11c and State of New York,own-
er in fee and occupant of the land under water printed copy, has been published in said newspaper
and the and buleas built adjoiniingdthe eland be ow high water mark f
bterhng harbor or basin, as hereinafter de- for four weeks s;iacessively, commencing on the
scribed,will make application to the Board of
Trustees of the Town of touthold in the said
County of:uflolk,at the office of lion-Henry . • . • . • .�X11. '�-. . . .day of...
.. . .. .
A.Reeves.Clerk of said Board,in the village
of Greenport,in said town,on z aturday,the
fifteenth day of June,19U1,at one o'clock in the ,
E afternoon,for a grant in per etuity to me,the .
said Fred Klipp,by the said town,for the par-
poses
belowhighrwater of the
insfrontiof the
land underwater and the doclis and bulkheads
built thereon owned and occupied by me,in
the village and town aforesaid,which lands so
applied for,are bounded and described as fol-
lows,viz: Beginning at a point on the edge of
the present buikhead and on the northwesterly
corner of the land applied for and from which
point of beginning the end of the Breakwater
bears south fifty-five degrees and forty-five
minutes east,and running thence north thirty
degrees and fifteen minutes east twenty-five
feet,thence south sixty degrees and forty min-
utes east two hundred and sixty-one and five-
tenths feet.thence south seventy-three degrees
and forty-five minutes west seventy-five feet,
and thence north fifty-two degreee and ten
the Laid last euurse befug alonn thirteen
nd now
owned by this applicant to the point of begin-
ning and containing by survey two hundred
and twenty-four thousandths of an acre 1he
upland adjoining the land to be so applied for
is bounded owned by this arphpl claut easter y bythe docks t least twenty-eight clays before the date of application.
and bulkhead lands of this applicant,southerly
by the several lands of the estate of Henr
Fordham, deceased, and lands Tuthill
Higbie and westerly by lands under water of
this applicant. `rhe soundings once in fifty feet
on the whole exterior line of said piece of land
to be so applied for,beginning at-the north-
westerly cornea thereof and going thence
around said piece are as follows: First,eight �tlAy/d�
tact; second,six feet; third,four feet; fourth.
three feet six inches;fifth four four sax inches;
sixth,five feet;and seventh five feet sax inches.
All of the said soundings Being taken at high
water mark and said courses being the true
magnetic courses of said boundary lanes.
Dated,fifth May,1901. `
FRED KLIPP,Applicant.
ALBERTSON CASE,Attorney,Southold,N.Y
x
1
IN THE MATTER OF THE APPLICATION OF
A�4
TO THE '
Trustees of the Town of Southold,
Suffolk Co., N. Y.,
FOR A
GRANT OF LAND (UNDER WATER.
.dt
ss nqom- '
Dated--Z��
Attorney for Applicant.
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4 X*5 jnA,eftV'0 n2ade.in duplicate the day of
1 ��, between the Town of Southold, of the County of Suffolk,
and State of New York, by a n,ajoritJ of its duly elected Trustees, and in pursuance of
Chapter 615 of the Laws of New York passed in 1898, and in pursuance of a written
resolution adopted by a majority of the Board of!Wtstees of said Town of Southold at a
7neeting held pursuant to Lice duly_given to all the n,en,bers thereof on the
day of , 10/; party of the first part, and
9
pmyf the second part,
art
,
it esseth, That,the party of the first part in consideration of the sun, of
Dollars, to said Town duly paid,
before the delivery hereof, doth hereby _'rant, bar fain, sell and release unto the said
party of the second part, h 6,0 heirs and assigns forever, ',XXX that certai7 tractor
pare l of land under water, situate ���
,� the Toivn of Southold,County of Suffb1k, and State of New York,bounded/land described
as follows, to wit:
J—
G22?� -d�GQ/ GZy1iGf� - /2
- zj� i
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gorotther with the appurtenances, and all the rif'ht, title, and interest of the said Town of
Southold therein.
,,,,o hzxuz and to hiald the above mentioned and described premises with the appurten-
ances unto the said part of the second part, hz✓ heirs and assigns forever,
&x .eptlnxg and vcserving to the said Town of Southold the full and free rif'ht, liberty, and
privilege of enterinff upon and usinff all and every part of the above described premises
in as lawful a manner as said Town mi,'ht have done had this conveyance not been given
until the same shall have been actually appropriated and applied to the purposedof
ba
and these presents are upon the express condition that if the said
and assigns shall not within two years from the date hereof actually appropriate and
apply the above described premises to the purposaf 10
7
by the aforesaid �o
then these presents, and
everything herein contained shall cease,determine and become void, and the said prem-
ises immediately revert to the said Town of Southold.
rb.
1 �n-xvltmss xv Txmeof, the said Town of Southold has hereunto caused
,hese p esents to be subscribed by a majority of the Board pf Trustees of
�� w
said Town
by
IT
,Majority of the Board of Trustees of the Town of Southold.
State of New York,
ss
County of Suffollc, f
Upon the clay of 19 before 77?,e personally came
The Trustees of the Town of,.Southold,in the County and State aforesaid,with whom I an?,
personalty ac4itainted, who being by 7766 each severally club sworn, said that he resided
in the said Town of Southold, and that he was one of the Board of Trustees of said .'Gown;
that the seal affixed to the avithin i stru-
7nent that it avis affixed by order of the Boar`ofiJTrtcstees of said
Town of Southold; and that, he si fined his name thereto by the like order as one of the
Trustees of said Town.
Ci a �
iSta; a
le of New York
:ss.
County of Suffolk. :
On t%is day of n the year one thou-
.sand nine hundred and t4e- Mdfgre me ,personally c e TTRY As REEVES,
JONATHAN B. TERRY, EDWL-.ATHAV-1, JOS11UA• :'- BREBE and OTTO P. HALLoO.K,
;the Trustees of the Town-o,f Southold J. the ,CQunty and Stag aforesaid,
,the corporation described in and, which executed -the aforesaid grant , w lith
;whom I am personally acquair'ted , who being ' bN� me each severally duly
sworn said that he res-ided in said ,TP,jvn of Southold; that he was one o
it�.e Board of '�T.rus t'ee's `o•f, ,said Town; that the seal affixed to the within
,instrument is, such, corp-orate, ,seal.;. ,that+ it,••wa-s, .a.ffixed by order of the
lBoard of Trus:tee's of: said To'-Val df ' So"uthold'-ahs �hk he signed his name
thereto by like order as one of said Trustees of said Town.
Q
RECORDED IN SUFFOLK COUNTY
CLERK'S OFFICE IN LIBER .3^4 O CF
PAGE d ON THE
DAY OF 1903 9fl AT cls
O'CLOCK MINV E �'1, AND EXAMINED,
. I
trlul
---�--- .-- -`---_vl�.! _--_-_ -----`�-c; .- _tea,__� ,,r> . _ _ • ._<-r r ___ ._ -•- ,---T-' . _ �__ _-_--- ..�.---- - - :- y - - -•�-. •=��
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made in duplicate the day of
1 gam/ , between the Town of Southold, of the County of Suffolk,
and State of New York, by a 77aajority of its duly elected Trustees, and in pursuance of
Chapter 615 of the Laws of New York passed in 1893, and in pursuance of a written
resolution adopted by a 772ajority of the Board of Trustees of said Town of Southold at a
7neeting held pursuant to notice duly_iven to all the 772em bers thereof on the �cJ
clay of , 1�67 , party of the first part, and �
v L
0��ew part o the second art
7 y f part,
`( itntssdIx, That the party of the first part in consideration of the sum. of
G� Dollars, to said Town duly paid,
before the delivery Hereof, doth hereby grant, bargain, sell and release unto the said
party of the second part, h� heirs and assigns forever, All that certa'2 tract or
parcel i
7 cel of land under water, sit
i�-Own Southold,County of Sicffolk, a/nd State of New Yor7,bounded and described
as follows, to wit: 12 12
awe -
corgetlur with the appurtenances, and all the right, title,, and interest of the said Town of
Southold therein.
ire anxT to hoW the above mentioned and described premises with the appurten-
A
ances unto the said part of the second part, h t� heirs and assigns forever,
gxcepting and res.exuing to the said Town of Southold the full and free right, liberty, and
privilefe of enterinff upon and using all and every part of the above described premises
in as lawful a manner as said Town mif'ht have done had this conveyance not beengiven
until the same shall have been actually appropriated and applied to the purposedof
by
C
and these presents are upon the express condition that if the said
and assigns shall not within two nears from the date hereof actually appropriate and
apply the above described premises to the purpose4of
by the f
oresaid
a
then these p-Pesents, and
everything herein contained shall cease,,determine and,become void, and the said pren23
ises immediately revert to the said Town of Southold.
gn xultu ss xulxexeuf, the said Town of Southold has hereunto caused Us
t7iese6presents to be subscribed by a majority of the Board of Trustees of
said Tow7�
�lxe //,-
TOXVIX a �xx lxalcT,
by
C4
Jl2ajority of the Board of Trustees of the Town of Southold.
State of .New Fork, 1
ass :
County of Suffolk, 1
Upon the day of , 19e/, before nae personally came
The Trustees of the Town of Southold,in the County and b%ate aforesaid,with whomb Ian?,
personally acquainted, who beim' by nae each severally duly sworn, said that he resided
in the said Town of Southold, and that he was one of the Board of Trustees of said Town;
�pthat the seat a xecl to the zv Min i7astru-
717,071 ; that it was aff.ved by order of the Board of Trustees of said
Town of Southold; and that he signed his name thereto by the like order as one of the
Trustees of said Town.
GC�t
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-----------------------------------------------------------------------------------------------------------------------
t�7d4-4,
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THE TRUSTEES OF THE VREEHOLDERS ANI)COMMONALTY OF THF;
TOWN OF SOUTHAMPTON,Respondents,v. NATHAN C.JESSUP,
Appellant.
(Decided January-6, 1903.)
APPEAL from a judgment of the Appellate Division of the
Supreme Court in the second judicial department, affirming a
judgment entered upon a decision of the court after a trial at
Special Term.
The main facts upon this appeal are substantially the same
as they appeared upon the former appeal and as stated in 162
N. Y. 122. The judgment of the trial court restrains the
defendant "from digging, excavating, einbanking or other-
wise disturbing the lands under the waters of the Great South
Bay at or adjacent to Potunk Point, described in the com-
plaint, for the purpose of making a solid roadway or embank-
ment,and from substituting for the wooden bridge or structure
supported on piles which the defendant Nathan C. Jessup has
built across said Great South Bay at or near said Potunk Point
(or for any part thereof), the solid embankment of earthen
materials, across, over or through said Great South Bay or any
part of said bay."
The Appellate Division affirmed this judgment by a divided
vote, and the defendant appealed to this court.
Charles M. Slaforcl for appellant.
Yhomas Yowrag for respondents.
VANN, J. On the 2nd of June,1888,the plaintiffs adopted
a resolution of which the following is a copy: u Resolved :
That Nathan C. Jessup be and is hereby given:liberty to
make a roadway and to erect a bridge across the Great South
Bay, commencing at the south point of Potunk Neck; thence
running southerly to the beach, the said bridge to be a draw-
bridge of a width of not less than twenty feet, the height
above the meadow three .feet, and the draw to be twenty feet
wide, and the said Nathan C. Jessup shall not cause any
unnecessary.'delay to those navigating the waters of said
bay."
This resolution is now before us for the third time. On the
first occasion the power of the plaintiffs to adopt the resolu-
tion was strenuously contested, but we held that through the
Andros and Dongan charters they had power to authorize a
riparian proprietor to construct and maintain at the locality
in question such a structure as the state itself might have
authorized had it, instead of the town, succeeded to the title
and control of the English crown over the waters affected.
(People ex red. Eowell v. �Tesseap, 160 N. Y. 249.)
On the second occasion the plaintiffs contended that the
resolution conferred a revocable license only and that it did
not authorize the construction of a solid roadway and a draw-
bridge but simply a structure on piles with a drawbridge
therein, while we held that the right created was a franchise,
which empowered the defendant t0 make any reasonable and
ordinary roadway, out of such materials as are commonly
used for that purpose. We further held that the grantee
S e
i
waived no right by building a temporary Aructure in the first
instance. (Trustees of Southavjptoga V. Jessup, 162 N. Y.
122.)
In construing the resolution we remarked that a grant from'
the public, if ambiguous, should be construed in the interest
of the public, but that this principle should be applied only
when doubt arises, "for when the meaning is clear there is
no room for construction." We then said: "The defendant
was not to erect a bridge and roadway,but to make a roadway
- and erect abridge. * * k In the absence of specifications
in the grant, the defendant had the right to make a roadway
out of the materials in common use for the construction of
roads, such,as earth and stone. Wood is not ordinarily used
for the purpose, and the right conferred was not to build a
viaduct, but make a roadway, which is generally solid from
the ground up. If the plaintiffs wished to limit the defend-
ant to a wooden structure, resting on piles, which would have
been more like a bridge than a roadway, they should have
said so. The resolution is silent upon the subject, for the
words, `height above the meadow three feet,' refer to the
bridge, and whatever was said between the parties before it
was passed, assuming it to be admissible, showed that the
defendant wished to build a solid roadway on the south side,
such as he had" already built,on the north side. He applied
orally to the plaintiffs for authority to build a roadway and
bridge. They went over the ground with him, saw the situa-
tion, advised with the neighbors at a public meeting, and on
receiving the consent of all but one out of over two hundred,
granted his application, specifying the kind of bridge, but
making no specification as to the roadway. There is no evi-
dence to support the conclusion of the trial judge that it was
the intention of the parties to have the roadway built of tim-
ber. '` " - We think the defendant had the right to
build any reasonable and ordinary roadway, such as an
embankment of earth,but whether he could dig upon the land
of the plaintiffs in order to get the material is open to ques-
tion, and as the matter has not been fully argued we do not
now decide it. The evidence suggests, but does not show,
that the earth and sand of the roadway may, unless confined
in its place, ultimately wash away somewhat and result in the
formation of sandbars which will obstruct navigation. We
pass upon no question relating to this subject. The complaint
-should not be dismissed because the investigation upon the
trial under review was not thorough enough to exhaust the
facts and a new trial may develop a different situation in some
respects."
We have 'made this long quotation from our previous
opinion in order to show what was decided and what was
reserved. It is clear that we construed the resolution and
held that it authorized atwo different structures, to wit, a solid
roadway and a drawbridge, not a bridge on piles with a draw-
bridge in it. We adhere to our former decision and do not
wish to add further reasons for the judgment then rendered.
Upon the trial now under review parol evidence was received
tending to show that both parties intended that the roadway
should be of wood and although some of the trustees them-
selves gave evidence to the contrary, the trial judge held
"that it was the intention of the parties that the defendant
should have permission to build a road-bridge across the
bay and that he has no right to build a solid roadway in any
part of the bay." This evidence appears to have been
received and made the basis of the present judgment, because,
we stated in our previous opinion that we had searched the,
record to see if there was any evidence, aside from the reso-
lution itself, bearing upon the intention of the parties. We
said this because the trial court had found in the record then
before us 11 that it was the intention of said trustees and of the
defendant that there should be constructed a roadway built of
timber upon,piles driven into the mud and water." Our
object was to show that the finding was without evidence of
any kind, good or bad, to support it, but not to sanction the
introduction of parol testimony to add something to the reso-
lution which the parties had failed to insert. Some evidence
of this character had been received on that trial without
objection and we said, arguendo, that even "assuming it to
be admissible, (it) showed that the defendant wished to build
,a solid roadway on the south side, such as he had already
built on the north side." Regretting that our language should
have misled the courts below, we will now consider whether
such evidence was admissible under the circumstances of
this case.
The franchise in question is a contract in writing which,
cannot be varied by parol evidence, although if there is an
ambiguity arising out of the terms employed such evidence
may be received,not to vary the instrument,but to enable the
court to appreciate the force of the words used in reducing
the agreement to writing. (Thognas v. Scutt,127 N.Y.133;
Stowell v. Greenwich Ins. Co., 163 N. Y. 298.)
Parol evidence can neither add to nor:take from the con-
tract, but it can aid in interpreting a word or expression of
ambiguous meaning by showing, through the circumstances
surrounding the parties when their minds met and the lan-
guage used by them at the time, the sense in which the doubt-
ful language was employed. "It is received where doubt
arises upon the face of the instrument as to its meaning, not
to enable the court to hear what the parties said,but to enable
it to understand what they wrote as they understood it at the
time. Such evidence is, explanatory and must be consistent
with the terms of the contract" (Tlbognas v. Scutt, slTra,
citing Dana v. Fiedler, 12 N. Y. 40; Collender v. Dins-
More, 55 id. 202; Newhall v. A.pplaton, 114 N. Y. 140;
Sggaith V. Clews, Id. 190.) '
So Mr. Wharton says: "We are restricted,therefore,to the
interpretation of the language used, and proof of intention is
only admissible when, in cases of ambiguity, proof of inten-
tion enables us to discover what the language means. * * ;;
The contract cannot be varied; its obscure expressions may
be explained, but this is for the purpose not of moulding,
but of developing the true sense." (2 Wharton on Evidence,
§§ 937, 946. See, also, 1 Greenleaf, § 275; Underhill, 323;
Rice, § 170.)
What ambiguous word or expression of doubtful meaning
-is there in the resolution relating to the material out of which.'
the roadway was to be constructed? None whatever, for the
writing is silent upon the subject. The defendant was given
liberty to make a roadway, but nothing was said as to how it
should be made or what it should.be made out of. An
ambiguity,in order to authorize parol evidence,must relate to,
a subject treated of in the paper and must arise out of words
used in treating thai subject. Such an ambiguity never arises
out of what was not written;at all,but only out of what was
written so blindly and!imperfectly that its meaning is doubt-
ful. Nothing is said in the resolution before us upon the sub-
ject of the material to be used,or the method to be employed
in making the roadway, and hence there is no ambiguity aris-
ing out of the words used with reference to that subject.
Witnesses cannot be permitted to swear something into the
instrument, which neither explains nor interprets any lan-
guage used therein. They cannot swear a wooden roadway
into,a franchise which is silent,even to the exclusion of impli-
cation, as to the substance out of which the roadway is to be
made. That would be making a new contract instead of
explaining an old one and would violate the principle upon
which parol evidence is received to aid in interpreting an
ambiguous word or expression. Since the plaintiffs gave the
defendant the right to make a roadway, but did not restrict
him to the use of wood, he was not obliged to use wood. As
we held on the last appeal: "In the absence of specifications
in the grant, the defendant had the right to make a roadway
out of ythe materials in common use for the construction of
roads, such as earth,;and stone." We think the evidence was
not admissible for any purpose, and as that part of the judg-
ment which restrains the defendant from making a solid road-
way rests wholly upon1this incompetent testimony, it should
not be allowed to stand.
That part of the judgment, however, which restrains the
defendant from digging upon the lands of the plaintiffs in
order to obtain materials to make the roadway, does not rest
upon parol evidence, but upon the resolution itself. It is not
claimed that the defendant ever received permission from the
plaintiffs to dig earth from;their lands for the purpose of the
roadway, except through the resolution. As no express per-
mission appears therein, the only question is whether such a
right may be fairly implied from the terms of the resolution.
We find nothing from which such an implication can arise.
It is obvious that the defendant was to furnish his own mate-
rials for the roadway the same as he was-}for the bridge. The
fact that it would be very convenient for him and but slightly,
if at all, inconvenient to the plaintiffs, if he thus obtained his
materials, does not warrant the implication that they granted
him the privilege. We think he had no right to dig upon
their lands for that purpose.
Our conclusion is that the judgments below should be modi-
fied by striking out that part of the injunction which restrains
the defendant from making a solid roadway an,d that, as thus
mo dified, they should be affirmed, without costs of this appeal
to either party.
PARKER, Ch. J., GRAY and O'BRIEN, JJ., concur; HAIGHT
and CULLEN', JJ., vote for affirmance; BARTLETT, J., dissents.
Judgments accordingly.
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