HomeMy WebLinkAboutNotice of Acquisition ,
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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In the Matter of the Application of the CO.UN'TY OF NOTICE OF ACQUISITION
SUFFOLK,to Acquire Certain Properties as Set Forth
on Maps Entitled,"Maps Showing Properties to Be Index No. 00-09654
Acquired for the Reconstruction of a Portion of C.R_48,
Middle Road,Town of Southold,
Suffolk County,New York. Maps 1-4, :inclusive
C.P. #5518
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PLEASE TAKE NOTICE that on June 22,2000, an Order of this Court,wherein
title to the real property hereinafter described, became vested in the COUNTY OF
SUFFOLK, was granted and,thereafter, duly filed on June 26,2000, in the Office of the
CIerk of the County of Suffolk, and thereafter, the Acquisition Maps were duly filed on
June 26,2000, in the Office of the Clerk of the County of Suffolk.
The Real Property Acquired is described in Exhibit 1, annexed liereto.
PLEASE TAKE FURTHER NOTICE that the condemnees of the subject property
shall, on or before three (3)years of the service of this Notice of Acquisition, file a
written claim, or notice of appearance,pursuant to New York State Eminent Domain
Procedure Law Section 503 with the condemnor and the Clerk of the Court of Suffolk
County in which the enclosed Order has been filed.
DATED: HAUPPAUGE,NY
July 10, 2000
ROBERT J. CIMINO
Suffolk County Attorney
Attorney for the Petitioner
By: David P.Fishbein,Asst. County Atty./Bureau Chief
Office&P.O.Address
H. Lee Dennison Bldg. 6"'FL
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge,NY 11788
Tel. (631) 853-5133
14!Me—cpndannlCoudeinn\Veryuib.\CR 48 Nouce of Acquisition.doc
01/08/2001 MON 10:38 (TX/RX NO 56591 0 002
E)( iIBIT I
GENERAL DESCRIPTION
OF PROPERTIES TO BE ACQUIRED
FOR
THE RECONSTRUCTION OF CR 48,1VIIDDLE RO,!�D
IN THE VICINITY OF CHAPEL LANE
TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK
CP 5518
A strip of land tapering fron-10'to approximately 28' wide which extends along CR.48,
Middle Road from approximately 200'west to 300' east of Chapel Laiae.
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H.\Rt�-wndemn\C nidemn%Vesting\CR 48 Gmcral Description for Notice of Acquisition 7-1 O-W,doc
01/08/2001 MON 10;98 (TX/RX NO 56591 IM009
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At a Special Tem�Pat MV, re ,
supreme Cc o!'the State pffv`ew•;
York,held in and'for the County of
Suffolk at the Surireme Courthouse,
Cohalan Court Complex,400
Carleton Avenue, Central Islip,
Suffolk County,blew York,on the
day of�� -
2000.
PRESENT:
HON. �! /
J.S-C.
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In the Matter of the Application,of the COUNTY OF VESTING ORDER
SUFFOLK,to Acquire Certain Properties as Set Forth
on Maps Entitled, "Maps Showing Properties to Be Index No. 00-09654
Acquired for the Reconstruction of a Portion of C.R. 48,
Middle Road, Town of Southold,
Suffolk County,New York. Maps 1-4,inclusive
C.P. #5518
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Upon the Petition of the County of Suffolk, duly verified on May 12,2000, and all
of the papers submitted herewith, and the Court having found that the Petitioner has
complied with all of the procedural requirements of the Eminent DOmedu Procedure Law,
it is
ORDERED,that the Petition is granted iif all respects, and it is further
ORDERED,that the Petitioner is directed to file the Or er and the Acquisition
Map with the Clerk of the County of Suffolk and the Clerk of the Supreme Court; and it
is further
ORDERED,that the Suffolk County Clerk shall record and index this Order
against the properties described as follows:
COO
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Map No. 1 :-
To be acquired from Evelyn Ban&Barbara Allaire Draft,reputed owners -
Tax Map Index Number 1000 045.00 01.00 003.000
All that piece or parcel of land situate at or near the intersection of Middle Road with
Chapel Lane in the Hamlet of Greenport, Town of Southold, County of Suffolk, State of
New York, for the reconstruction of a portion of Middle Road and described as follows:
Parcel "A' Fee Taking
BEGINNING AT A POINT on the northerly boundary of Middle Road, at the
division line between the lands of Evelyn Bang and Barbara.Allaire Draft,reputed
owners on the west and Robert Wallkam,reputed owner on the east, mid point located
from centerline station 11+12+and off left of centerline 29±feet; thence,preceding
westerly along said northerly boundary on a curve to the right having a radius of 683.20
feet and an arc length of 9+feet,to a point located from the centerline on station 11+03+
and left of center 30+feet; thence, continuing westerly along said northerly boundary to a
point which is at centerline station 10+24.05, and left of center 33.00 1.'eet, said point also
being the centerline P.C.;thence, easterly through the lands of Bang aad Draft along a
curve to the left having a radius of 921.93 feet and an arc length of 85_+feet and to a point
on the division line between the lands of Bang and Draft on the west and Wallkam on the
east, said point located from centerline station 11+13+and left of said centerline 33.00
feet; thence, southerly along said division line 4+feet to the Point or Place of Beginning.
Being 112+square feet or.003 acres,more or less.
Parcel "B" Permanent Easement
.BEGINNING AT A POINT on the northerly boundary of Middle Road said
point being focated at centerline station 10+00,00 and off 33.00 feet left of center;thence,
easterly 112±feet through the lands of Evelyn Bang and Barbara Allaire Draft to a point
on the division line between the lands of Bang&Draft,reputed owners on the west and
Robert Wallkam,reputed owner on the east, said point located from tk,e centerline at
station 11+15±and off left of center 45.32 feet;thence,proceeding southerly along said
division line 12+feet to a point located from centerline station 11+13-L and off left of
centerline 33.00 feet;thence,westerly along the northerly boundary of parcel "A" on a
curve to.the right having a radius of 921.93 feet and an are length of 8 5±feet to a point
on the northerly boundary of Middle Road, said point located from the:centerline P.C.
which is at station 10+24.05 and off left of center 33.00 feet; thence, continuing westerly
along the northerly boundary of Middle Road 24±feet to the Point or;Place of Beginning;
Being 785+square feet or 0.01 S acres,more or less.
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01/08/2001 MON 10:38 [TX/RX NO 56591 16005
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To be acquired from Robert Wallkam,reputed owner
Tax Map Index Number 1000 045.00 01.00 006.000'
All that piece or parcel of land situate at or near the intersoction.of Middle
Road with Chapel Lane in the Hamlet of Greenport, Town of Southold, County of
Suffolk, State of New York, for the reconstruction of a portion-of Middle Road and
described as follows:
Parcel "A" Fee Taking
BEGINNING AT A POINT on the northerly boundary of]Sfiddle Road at the
division line between the lands of Robert Wallkam,reputed owner on the easr and Evelyn
Bang and Barbara Allaire Draft,reputed owners on the west, said point located at
centerline station 11+12+and off left of centerline 29+feet;thence,proceeding northerly
4+feet along said division line to a-point located from the centerline on station 11+13+
Q left of center 33.00 feet; thence,proceeding easterly from said point through the —
lands of Wallkam on a curve to the left having a radius of 921.93 feet and an arc length of
3 6+feet,to a point on the division line between the lands of Robert Wallkam,reputed
owner on the west and Rose M. Stewart,reputed owner an the east, s.dd point located at
centerline station 11+49+' and left of center 3100 feet;thence,proceeding southerly
along said division line 7±feet,to a point on the northerly boundary of Middle Road
which is located from centerline station 11+48+and left of centerline 27 feet more or
less;thence,proceeding westerly along said northerly boundary along a curve to the right
having a radius of 683.20 feet and an arc length of 35 feet more or less,to the Point or
place of Beginning; Being 183+square feet or.004 acres,more or less.
Parcel "B," Permanent Easement
BEGI14NI1vG AT A PONT on the division line between the lands of Robert
Wallkam,reputed owner on the east and Evelyn Bang&Barbara Allaire Draft,reputed
owners on the west, said point located at centerline station 11+13+and off left of
centerline 33.d0 feet;thence,proceeding northerly 12+feet along saiddivision line toz.
point on the division line between the lands of Wallkam on the west and Rose an the east,
said point located from the centerline on station 11+15+and left of said centerline 45.32
feet;thence,proceeding easterly though the lands of)Aia-Ilkam 3 6+feet,to a point on the
division line between;the lands of Robert Wallkam,reputed owner on the west and Rose
M. Stewart,reputed owner on the east, said point located from centerline station 11+52+
and left of center 46.50 feet;thence,proceeding southerly along said division line 14+ —
feet to a point located from the centerline station 11+49+and left of centerline 33.00—feet;
thence, continuing westerly along the northerly boundary of Parcel "A." along a curve to
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New York
CQUMY
01/08/2001 MON 10:38 [TX/RX NO 56591 0006
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The above mentioned map No..2 is a map on file in the Office of the
.-C . .. "'�
Commissioner of � �,4:,.
Public Works, Suffolk County,N.Y. Y
Map No. 3
To be acquired from Rose M. Stewart,-reputed owner
Tax Map Index Number 1000 045.00 01.00 005.000
All.that piece or parcel of land situate at or near the intersection of Middle
Road with Chapel Lane in the Hamlet of Greenport,Town of Southold, County of
Suffolk, State of New York,for the reconstruction of a portion of Middle Road, as shown
on Map No. 3 and described as follows-
Parcel "A" Fee Taking
BEGINNING AT A POINT on the northerly boundary of Middle Road at the
division line between the lands of Robert Wallkam,reputed owner on the west and Rose
M_ Stewart,reputed owner on the east, said point located at centerline:station 11+48+and
off left of centerline 27+feet;thence,proceeding northerly 7±feet along said division
line to a point located from the centerline on station 11+49+and left of center 33.00 feet-,
thence,proceeding easterly from said point through the lands of Rose M. Stewart on a
curve to the left having a radius of 921.93 feet and an are length of 222+feet, to a point
which is on the division line between the lands of Rose M. Stewart, reputed owner on the
west and Breezy Sound Corporation, reputed owner on the east, which is located from
centerline station 13+76±and left of center 33.00 feet;thence,proceeding southerly
along said division line a distance of 12+feet to a point located on the:northerly boundary
of Middle Road located from centerline station 13+73±, and left of center 22+feet;
thence,proceeding westerly on a curve to the right along said northerly boundary along a
curve to the right having a radius of 683.20 feet and an are length of 222+-feet to the
Point or place of Beginning; Being 2,280±square feet or 0.052 acres,more or less.
Parcel "B" Permanent Easement
BEGINNING AT A POINT on the division line between the lands of Robert
Wallkam,reputed owner to the west and Rose M. Stewart,reputed owner to the east,,said
point located at centerline station 11+49±and off left of centerline 33.00 feet;thence,
proceeding northerly 14+feet along said division line to a point, said.point located from
the centerline on station 11+52+and left of said centerline 46.50 feet;thence,proceeding
easterly through the lands of Rose M. Stewart the following two cour"es and distances;
93+feet to a point which is located from centerline station 12+50.00 Fend left of c rater
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01/08/2001 MON 10:38 [TX/RX NO 56591 1@007
o�i tlic•divisio�'lime '
;.: a an V •of V v~ V 'Stewart;`rep owner on the we and Breezy Sound
Corposaiion,reputed owner on the east, and located from centei"e station 13+80±and
left of centerline 45.64 feet;thence,proceeding southerly along said(vision line 14+
feet to a point located from centerline station 13+76±and off left of center 33.00 feet;
thence,proceeding westerly along the northerly boundary of parcel ".A" on a curve to the
right having a radius of 921.93 feet and an are lengtl 'of 222±feet to the Point or Place of
Beginning; Being 2,462±S.F. or 0.057 acres,more or less.
The above mentioned map No. 3 is a map on file in the Office of the
Commissioner of Public Works,Suffolk County,N.Y.
Parcel "C" Temporary Easement
BEGINNING at a point on the division line between the lands of Rose
M. Stewart, reputed owner on the east and the lands of Robert W allkam, reputed
owner on the west at the intersection of the said boundary with the division line
between the lands of Evelyn Bang and Barbara Allaire Draft, reputed owners on
the north and the same lands of Rose M, Stewart,reputed owner on the;south, said
point being.72+feet distant northerly, measured radially from station 11 + 58+of
the hereinafter described survey centerline for the proposed reconstruction of
Middle Road, County Road No. 48; thence, northerly along the Iasi. mentioned
division line and along said division extended through the lands of Rose M.
Stewart,reputed owner,the following two (2) courses and distances:
1)92±feet to a point 54+feet distant northerly,measured
radially from station 12+50 of said centerline; and
2) southeasterly 11+ feet to a point on the northerly
boundary of the. existing Parcel "B" easement area, the last
mentioned point being 43.00 feet distant northerly, measured
radially from, station 12 + 50.00 of the said centerline; thence,
southwesterly along said northerly boundary 93+ feet to its
intersection with the division line between the lands of Rose M.
Stewart r/o on the east and the lands of Robert Wallkarn r/Q on,the
west, thence, northerly along the last mentioned division line 25+
.feet to the point of beginning; being.1,685± S.F. or 0.039 acres
more or less.
The above easement is a temporaxy easement and will expi:;-e 6 months from
the date of completion of construction unless previously released by the Commissioner
of Public Works.
The above mentioned survey centerline is a portion of the survey centerline for
the proposed reconstruction of Middle Road, County Road No. 48, as shown,on a map
on file in the Office of the Commissioner of Public Works.
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01/08/2001 MON 10t38 (TX/RX No 56591 14008
To be acquired from Breezy Sound Corporation,reputed owner
Tax Map Index Number 1000 045.06-01,00 002.'1..''_.;,;.;,:.
All that certain piece or parcel of land situate at or near the intersection of Middle
Road with Chapel Lane in the Hamlet of Greenpott,Town of Southold, County of
Suffolk, State of New York, for the reconstruction of a portion of Middle Road, and
being more particularly described as follows:
Parcel "A" Fee Taking
BEGINNING AT A POINT on the northerly boundary of]vfiddle Road
located at centerline station 15+00±and off left of centerline 33.00 feet;thence,
proceeding easterly on a curve to the Ieft through the lands of Breezy Sound Corporation,
said curve having a radius of 921.93 feet and an are length of 69±feet.to a point located
at centerline station 15+71+and left of the centerline 33.00 feet;thence,proceeding
westerly from said point along the gxisting northerly boundary of Middle Road a distance
of 41+feet to a point located at centerline station 15+28+ and left of:paid centerline 30+
feet; thence, continuing westerly along the north road line of Middle P oad 28±feet to,the
Point or Place of Beginning; Being 86 st or 0.002 acres,more or less.
Parcel "B" Easement Area
BEGINNING AT A POINT on the northerly boundary of Middle Road, said
point being an extension of the division line between the lands of Rost,M. Stewart,
reputed owner on the west, and Breezy Sound Corporation,reputed owner on the east„
said point located at centerline station 13+77±and off left from said centerline 35+feet;
thence,proceeding northerly along said division line 11+feet to a point being located
from centerline station 13+80+and off left of centerline 45.64 feet; thence, easterly
through the lands of Breezy Sound Corporation a distance of 115+feet to a point that is
located from centerline station 15+00+and left of center 33.00 feet; thence,proceeding
westerly long.the northerly boundary of Middle Road 119+feet to the Point or Place of
Beginning; Being 607+s.f. or 0.014+acres, more or less.
The above mentioned map No. 4 is a map on file in the office of the cou=issioner of
Public'Works of Suffolk County,
and it is further
ORDERED,that title to the property is vestede County of Suffolk upon the
filing of the acquisition map and the filing of this Order of the Court with the Suffolk
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01/08/2001 MON 10:38 [TX/RX NO 56591 Z 009
County Clerk for the property described herein, acquired for highway purposes for the
reconstruction of a portion of C.R. 48, Middle Road, Town of Southold, Suffolk County,
New York, and it is further
ORDERED,that any claims, demands or Notices of Appearance for damages
pursuant to Section 503 of the Eminent Domain procedure Law must be made within
three (3�s of the service of the Notice of Acquisition, and the Order of the Court
together with Notice of Entry thereof,by filing said claims, demands, or Notices of
Appearance with the Clerk of the Supreme Court and with the County Attorney of the
County of Suffolk.
fi
ENTER:
J.S.C.
4AMES A- GNAW
M CD
-CRC QED
rc-rn ry C7
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01/08/2001 MON 10:38 [TX/RX NO 56591 16010
County Clerk for the property described herein, acquired for highway purposes for the
reconstruction of a portion of C.R. 48,Middle Road, Town of Southold, Suffolk County,
New York, and it is further ,
ORDERED,that any claims, demands or Notices of Appearance for damages
pursuant to Section 503 of the Eminent Domain Procedure Law must be made within
three (31.y� of the service of the Notice of Acquisition, and the Order of the Court
together with Notice of Entry thereof, by fling said claims, demands, or Notices of
Appearance with the Clerk of the Supzeme Court and with the County Attorney of the
County of Suffolk.
ENTER:
J.S.C.
r'JAMES A4 GOWAN
COUNTY CLERKS OFFICE
STATE OF NEW YORK Sc..:
e COUNTY OF SUFFOLK
I,EDWARD P. ROMAINE,Clerk of the County of Suffolk and
the Court of Record thereof,do hereby certify that I have compared the '
annexed with the original .Q R.8 C0� y
___ , .,, _, F1LI;D in
m
- office . ,, , • .290fl_.. . .. • . .. , and, that the same is a true
copy thereof, and of the whole of such original.
In Testimony Whereof,I have hereurbtio s 4y1 hand and affixed
the seal of said County and Court this ,. I . , g
,
�r i ,d. . Clerk.
Form No.236 12-192 12/89es
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01/08/2001 MON 10:38 [TX/RX NO 56591 Q011
1vla�No. Owners & Condemnees Interest in Premises
1 Evelyn E.Bang - Fee Owner
P.O.Box 445
Greenport,NY 11944
1 Barbara Allaire Draft Fee Owner
8704 Eagle Run Court
Richmond,Virginia 23236
1 Elizabeth,A.Kabot Fee Owner
Evergreen Road
New Can nan, CT 06108
1 Byron E. Kabot,Jr. Fee Owner
Evergreen Road
New Canaan, CT 06108
1 Philip Kabot Fee Owner
Evert een Road
New Canaan, CT 06108
2 Robert Wallkam Fee Owner
33 Timberlane Avenue
Port Jefferson,NY 11777
3 Rose M. Stewart Fee C,;mer
18 Wilson Street
Hartsdale,NY 10530
3 Southold Savings Bank Mortgagee
(NIK/A North Fork Bank)
54375 Main Road
Southold,NY 11971
4 Breezy Sound Corp. Fee Owner
38 Oak Street
Patchogue,NY 11772
01/08/2001 MON 10:98 [TX/RX NO 56591 U 012
am
�1 WHIM MAP N0, 3R
OOUMTY OF SUFFOLK .4
DEPARTMENT OF PUBLIC WORKS MISSI MAP PROPERTY TOHBEING ACQUIRED C
STEPHEN G. l4AYDU}(, PEE„ COMMISSIONER
YAPHANK, NEW YORK FROM
HIM V. smm
(REPUTED OWNERS) Jn
FOR THE RECONSTRUCTION OF A PORTION OF
C" 1� ROAD z
�, CUM DATA im OY Baum" �8 muff. N,Y.
A = 35'20'13.2' SCALE: 1"-40' D4
0 = 0s•O DO
R = 954.93' TAKING AREA
T - 304.18' Parcel A' - 2.270t SF OR 0.052t ACRES F
10- 585.1)5'
� EASEMENT AREA i
Parcel "B" - 2,758f 3F OR O,OG3t ACRES
/ \ TEMP EASEMENT AREA
i.ouVs jr v7i u,tiJNY AC:KE.S ._. � .._..---P.01L For,
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Par. '8'c i 7R �i SN 19 q" 0
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T TNUNC+LINE
�+ EASE UIff
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' CHECKED BY. DATE:DRAWN D TAX MAP INOEK NUMBER
COMPARE BY: (IL ATEr 1000 045.00 01.00 005.000
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