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Turning Point for Montauk

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Turning Point for Montauk Turning Point for Montauk Welcome. This premiere issue of The parcels to themselves, the buyer. and Montauk Gazette contains exciting news for everyone who had taken title to land through Montauk property owners. By order of the them or their estate in Montauk. These New York State Supreme Court dated covenants were written to "attach to and run February 18, 1994, our common private with the land." which means, essentially. property rights to the Benson "Reservations" forever. were upheld! Because the Benson estate initially A not-for-profit corporation. the owned all of Montauk, and legal title to all Montauk Friends of Olmsted Parks, Inc. land in Montauk originates from them, all (MFOP), has been established to recover the Montauk property owners are the legal "reservation" properties into trust and act as beneficiaries of these covenants. trustee of them. In this first Federal edition of The not-for- If Montauk profit Gazette status " you'll has uk Pt. find been the two applied for, JUthw H 11 legal papers have Wompenanit subdivision maps been filed, and now. with this of Hither Hills and mailing, the first drive to welcome members Wompenanit and the wording of the is underway. covenanted agreements utilized to establish The basis of our rights is really quite our rights. You will be introduced to the simple. Montauk - in its entirety - was Montauk Friends of Olmsted Parks. Inc.. a formerly the exclusive private property of one democratic Trustee corporation for Montauk. man, Arthur W. Benson. Alter he died, his You will also learn about some of the major heirs hired the firm of Frederick Law issues before us in Montauk today (such as Olmsted, a world famous landscape architect protecting our water supply, the Benson and community planner with a reputation for "reservation" litigation, and more) and how working with large estates to preserve natural we can now, through the MFOP. take action landscape, to draw two very large subdivision concerning them. maps of their Montauk property. A Montauk-wide property owners' Between 1904 and 1956 the Benson association can only be a positive force for heirs used these maps, which were filed with Montauk. As a democratic corporation the Suffolk County clerk, to sell numbered established to protect our real property lots. Whenever they sold one of these lots the interests, the MFOP will protect and enhance Benson heirs included "covenanted the quality of life in Montauk. Please agreements" in the deed which reserved the consider becoming a member today. rights to the roadways and "reservation" a cA,tontau-wide Thomw Ownon,' Jociatio,, Page Two The Montauk Gazette October, 1995 The Montauk Gazette and the About the Author This premiere edition of the Montauk Gazette has been written by MFOP World Wide Web site Robert A. Ficalora. the founder and acting president of the MFOP. The Montauk Gazette is published both sponsors for resolutions. Excerpts from Mr. Ficalora was born in 1957 in as a quarterly journal (in paper format) the forums will be published in the San Jose. California. the son of an and electronically as the world-wide quarterly Gazette. IBM manufacturing executive. His web site of the Montauk Friends of The MFOP web-site will also family moved throughout his Olmsted Parks. Inc.. In the pages of the serve as a bulletin board for upcoming childhood, living for varying periods Gazette you will find coverage of the MFOP events such as picnics, concerts, of time in New York. Montevideo. major issues of importance to Montauk guided tours, and caucus schedules and Milan. Stamford. and London. property owners and residents such as locations. He received his high-school taxation, land use, property rights and diploma from the American School in water supply. London in 1975. earned a bachelor of The quarterly Gazette will arts (BA) degree in economics from function something like The Drew University in 1979. and. while Congressional Record of the United Web Site is being set up for working for IBM. took a masters States Congress. Proposed and adopted the MFOP at degree in business administration resolutions of the caucuses and the http://www. montauk. corn (MBA) in financial management from Montauk Assembly will be published Pace University in 1982. Mr. here, as will ballots for positions within Ficalora spent thirteen years with the corporation. IBM in finance and planning and in As a result. the record of our technical marketing support. He assemblies will be compiled in the Coming on the Web considers himself an economist by Gazette, establishing the policies and avocation. direction of the corporation's activities. The initial selection of documents In 1991 he was advised to stop which will be available on the Web are work because of continuing World-Wide Web Page exacerbation and an increasingl} ✓ The full copy of Justice chronic condition of multiple sclerosis. His condition remains A real-time complement to the Underwood's February 18th, 1995, decision upholding the Benson chronic yet he feels that his retirement Gazette is being set up on the World together with diet have allowed him Wide Web of the Internet covenants; ✓ to slow the progression of the disease. (http://www.montauk.com ) and The Charter, Constitution and Mr. Ficalora's effort in negotiations have been started about Bylaws of the Montauk Friends of establishing a local access telephone Olmsted Parks, Inc.; establishing the MFOP is the result of number for Montauk. This popular ✓ A selection of the legal briefs his feelings of personal responsibility for the matters which came by chance multi-media resource is accessible via a filed in the case of The Breakers Motel before him. At various times prior to computer modem and is capable of et al. vs. Sunbeach Montauk II and retirement from IBM lie had overseen presenting information in audio, video Nicola Biase; the Benson "reservations" litigation and text formats. ✓ The legal papers filed in the for the Breakers Motel and has upcoming actions to protect our water The "Web Page" of the monitored it since. His experiences supply and consolidate title to the Gazette will have forums, archives of with the politics of the case convinced "reservations". of legal documents, reviews and him that the properties would not be ✓ announcements of upcoming events, Updates on the organizing protected without establishing a and more.. efforts of the corporation in preparation democratic trustee corporation. for our caucuses; The "forums" on the web-site will Mr. Ficalora's wife. Helen. is a ✓ allow members to browse or participate Forums for discussion of the co-owner of the Breakers Motel on in dialogues on Montauk's many issues issues; the Old Montauk highway. They Forums serve both to better inform the ✓ Up to date information of have two boys and make their membership on the issues and activities concern to the membership; primary residence in Olympia. of the corporation and to assist in ✓ And much, much more! Washington. where they spend their developing, perfecting and locating winters. Copyright 1995. Montauk Friends of Olmsted Parks, Inc. October, 1995 The Montauk Gazette Page Three The i3eusoa foieuants "A general right of way is hereby reserved to the covenants above specified, shall attach to and run with parties of the first part in common with all grantees the land: and it shall be lawful not only for the said from them or from the late Arthur W. Benson, deceased, parties their heirs or assigns but also for any owner or of land at Montauk, over such of the roads laid down on owners of any lot deriving title from or through the said said map [Hither Hills or Wompenanit] as may be parties of the first part or through the late Arthur W opened from time to time to the nearest public road or Benson, deceased, to institute and prosecute any highway: and also a right of way over such roads as proceedings at law or in equity against the person or may be opened from time to time to the various lots or persons violating or threatening to violate same, it parcels of /and known and designated on said map as being understood, however, that these covenants are "Reservations ", which said "Reservations" shall be for not enforceable personally for damages against the the common use of the said parties of the first part, said parties, their heirs or assigns unless they may be their grantees, and the grantees of the late Arthur W the owner or owners of the said premises, or some part Benson, deceased, of land at Montauk. A right of way thereof at the time of the violation of said covenants, or is also reserved, in favor ofpedestrians only, along the any of them." beach at the foot of the cliffs or bluffs and the edge of - Liber 546 of deeds, pages 524ff.. February 1904 the Atlantic Ocean or the Block Island Sound. And, it is (Wompenanit); Liber 585 pages 416ff.. April 1906 (Hither expressly understood and agreed that the said several Hills). Approx. 90 original deeds were conveyed by the Benson estate with these covenants between 1904 and 1956. 11011 PLAN OF PART OF HITHER HILLS MONTAUK L. I. 1' S Prqxerty Prank Rmm Bensm and Mary Bana,xi SHEET I Indnihig Lots Ito 140 DAT1HN MONTAUK co SCALES — e it. .a1 th C0it n4(nu,g ,_t _•• SW *----_.. ........ A'LANTIC OCEAN - Ass,. SW thus------------------------ - tiutiug t,tidffi. S. thd$St5. ----------------- The Hither Plain and Bathing Reservations - the subject of the Breakers case. Courtesy: National Park Service, Frederick Law Olmsted National Historic Site, Brookline, Massachusetts. The Damon 01 the Siiprem.t Court of the State olilew ork This court directs that judgment be entered in to remove any and al/fences and structures and restore favor of the plaintiffs and against the defendants.
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