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HomeMy WebLinkAboutMailler, E B J ~ 'II> Q. Qi " ~ " U- c<: "1"'1 C'J "- C ~J Standard N.J{, B.T. U. Form 8034.. 9_67_8M_Release oj Patt of Mortgaged Premises. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. IBER6453 PACE 226 THIS INDENTURE, made the "'-' 1 -- day of' Oc tober , nineteen hundred and sixty-eight BETWEEN EDITH B. MAILLER, residing at Southold, Suffolk County, New York, party of the first part, and DANIEL T. SMITH, GEORGE HERBERT SMITH and WILLIAM B. SMITH, all residing at Southold, Suffolk County, New York, party of the second part, WHEREAS, the party of the first part is the holder of the following mortgage secured thereby: Mortgage dated the 29th day of January GEORGE HERBERT SMITH and WILLIAM B. to EDITH B. -MAILLER and of the bond ll1KKOtIKX , 1966, made by SMITH, DANIEL T. SMITH, in the principal sum of $24,800.00 of mortgages, page 122 in the office of the on February 2, 1966, and recorded in liber !!8 7l. j ~ Clerk of the C~f Suffolk covering certain lands and tenements, of which the lands hereinafter descri"bed are part, and WHEREAS, the party of the first part, at the request of the party of the s~cond part, has - agreed to give up and surrender the lands hereinafter described unto the party of the second part, and to hold' and retain the residue of the mortgaged lands as security for the money remaining due on said mortgage NOW THIS INDENTURE WITNESSETH, that the party of the first part, 111 pursuance of said agree- ment and in consideration of - ONE ($1.00) - Dollarl, lawful money of the United States, paid by the party of the second part, does grant, release and quitclaim unto the party of the second part, all that part of said mortgaged lands described as follows: ~ UBER6453 PAGE 227 ALL those certain tracts, pieces or parcels of land, situate, lying and Being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows:- PARCEL ONE - CUSTER AVENUE: BEGINNING at the northwes~ corner of Lot No. 12 as shown on a certain realty subdivision map entitled "Subdivision Plan - Smithfield Park, Southold, Town of Southold, Suffolk County, New York" filed in the office of the Clerk of Suffolk County on December 27, 1966 as Map No. 4770, and running thence from said point of beginning North 9 degrees 40 minutes 40 seconds East along a realty subdivision entitled "Fairview Park" filed in the offi,:e of the Clerk of Suffolk County on August 9, 1961 as Map No. 3388, ?O.OO feet to the land of D. T., G. H. and W. B. Smith; thence easterly along the land of D. T., G. H. and W. B. Smith and of C. O. Christiansen the following courses and distances: (1) South 80 degrees 19 minutes 20 seconds East, 1.20 feet; (2) South 77 degrees 33 minutes 40 seconds East, 302.10 feet; (3) South 84 degrees 47 minutes East, 129.58 feet; (4) North 82 degrees 37 minutes 10 seconds East, 211.68 feet to a monument set in the westerly terminus of a road mnown and designated as "South Street"; thence southerly along the westerly terminus of said "South Street" to a point 50. feet distant at right angles from the last mentioned point; thence westerly along the north- erly terminus of Mailler Court, said road being shown on aforesaid map of Smithfield Park, to the northwesterly terminus of the arc of a curve connecting the southerly line of the herein described Custer Avenue with the westerly line of aforesaid Mailler Court; thence westerly along the northerly lines of Lot No. 23 and of No. 13, as shown on said map of Smithfield Park, the following courses and distances: (1) South 82 de- grees 37 minutes 10 seconds West, 111.21 feet; (2) North 84 degrees 47 minutes West, 138.26 feet; (3) North 77 degrees 33 minutes 40 seconds West, 78.83 feet; thence westerly along the northerly terminus of Breitstadt Court, said road being shown on aforesaid map of Smithfield Park, to the northwesterly terminus o-f the arc of a-curVe connecting' the southerly line of the herein described Custer Avenue with the west- erly line of the aforesaid Breitstadt Court; thence North 77 degrees 33 minutes 40 seconds' West along the northerly line 'of Lot No. 12, as shown on said map of Smithfield Park, 125.17 feet to the point or place of beginning. PARCEL TWO - BREITSTADT COURT: BEGINNING at the northwesterly terminus of the arc of a curve connect ing the southerly line of Custer Avenue with the westerly line of the herein described Breitstadt Court, said Custer Avenue and Breitstadt Court being shown on a certain realty subdivision map entitled "Sub- division Plan - Smithfield Park, Southold, Town of Southold, Suffolk County, New York" filed in the office of the Clerk of Suffolk County on December 27, 1966 as Map No. 4770; and running thence from said point of beginning easterly along the southerly line of said Custer Avenue to the northerly terminus of the arc of a curve connecting the southerly line of Custer Avenue with the easterly line of the herein described Breitstadt Court; 'thence southerly-along Lot Numbers 13, 14, 15, 16, as shown on said map of Smithfield Park, the following courses and dis- tances: (1) on a curve to the left with a radius of 23.82 feet and a distance of 38.56 feet; (2) South 9 degrees 40 minutes 40 seconds West, 257.48 feet; (3) South 20 degrees 51 minutes 30 seconds West, 146.97 feet; (4) on a curve to the left with a radius of 25.00 feet and a dis- tance of 39.27 feet to the southeasterly terminus of an arc of a curve connecting the easterly line of the herein described Breitstadt Court with the northerly line of Clearview Avenue; thence westerly along the northerly line of Clearview Avenue to the southwesterly terminus of an arc of a curve connecting the northerly line of Clearview Avenue with the westerly line of the herein described Breitstadt Court; thence north erly along Lot Numbers 10, 11, 12 as shown on said map of Smithfield Pan the following courses and distances: (1) on a curve to the left with a radius of 25.00 feet for a distance of 39.27 feet~ (2) North 20 degrees 51 minutes. 30 'seconds East, 142.08 feet; (3) 'North 9 degrees 40 minutes 40 seconds East, 255.00 feet; (4)'on a curve to the left with a radius \0+ 26.23, .~eet for a distance of 39.94 feet to the point or place of beginning; u__ __j L!8ER6453 pm228 " " SCHEDULE A (Description of Premises - continued) PARCEL THREE - MAILLER COURT: BEGINNING at the northwesterly terminus of an arc of a curve connecting the southerly line of CusteriAvenue with the easterly line of the herein described Mailler Court, said Custer Avenue and Mailler Court being shown on a realty subdivision map entitle , "Subdivision Plan - Smithfield Park, Southold, Town of Southold, Suffolk County, New York" filed in the office of the Clerk of Suffolk County on December 27, 1966 as Map No. 4770, and running thence from said point of beginning North &2 degrees 37 minutes 10 seconds East along the southerly line of said Custer Avenue to a point in the westerly line of the land of S. Gagen; thence South 5 degrees 25 minutes 20 seconds West along the ~.sterly line of land of S. Gagen 109 feet, more or less, to the north~~st corner of Lot No. 24, as shown on said map of Smithfield Park; thence southerly along Lot Numbers 24, 25, 26, 27 and 28, as show on said map of Smithfield Park, the following courses and distan- ces: (1) South 5 degrees 01 minute 40 seconds East, 321.27 feet; (2) on a curve toethe right with a radius of 270.72 feet for a distance of 177.36 feet; (3) South 32 degrees 30 minutes 30 seconds West, 83.01 feet; (4) on a curve to the left with a radius of 25.00 feet for a distance of 39.27 feet to the southeasterly terminus of the arc of a curve connecting the easterly line of the herein described Mailler Court with the northerly line of Clearview Avenue; thence westerly along the northerly line of Clearview Avenue to the southwesterly terminus or an arc of a curve connecting the northerly line of Clearview Avenue with the westerly line of the herein described Mailler Court; thence north- erly along Lot Numbers 19, 20, 21, 22 and 23, as shown on said map of Smithfield Park, the following courses and distances: (1) on a curve to the left with a radius of 25.00 feet and a distance of 39.27 feet; (2) North 32 degrees 30 minutes 30 seconds East, 83.01 feet; (3) on a curve to the left with a radius of 220.72 feet for a distance of 144.60 feet; (4) North 5 degrees 01 minute 40 seconds West, 399.52 feet; (5) on a curve to the left with a radius of 23.99 feet for a distance of 38.67 feet to the point or place of beginning. PARCEL FOUR - CLEARVIEW AVENUE: BEGINNING at the southwest corner of Lot No. 10 as shown on a realty subdivision map entitled "Subdivision Plan - Smithfield Park, Southold, Town of Southold, Suffolk County, New York" filed in the office of the Clerk of Suffolk County on December 27, 1966 as Map No. 4770, and running thence from said point of beginning easterly along Lot No. 10, along the southerly terminus of Breitstadt Court, along Lot Numbers 16, 17, 18 and 19, along the southerly terminus of Mailler Court, and along Lot Numbers 28 and 29, said lots and Courts being shown on said map of Smithfiel Park, the following courses and distances: (1) South 66 degrees 00 minutes East, 11.39 feet; (2) South 69 degrees 08 minutes 30 seconds East, 232.08 feet; (3) on a curve to the right with a radius of 1030.23 feet for a distance of 209.48 feet; (4) South 57 degrees 29 minutes 30 seconds East, 344.90 feet; (5) on a curve N05./1 I'M f:Ierlr ~AN E. KLIPp' SUffOlk County r " lIBER6453 PAGE 229 SCHEDULE A - Page Two PARCEL FOUR - CLEARVIEW AVENUE (cont'd) to the left with a radius of 358.70 feet for a distance of 147.87 feet; (6) South 81 degrees 06 minutes 40 seconds East, 15.00 feet , to the westerly terminus of C1earview Avenue, as heretofore laid out as a public highway; thence South 6 degrees 12 minutes 00 seconds West along the westerly terminus of said Clearview Avenue, 50.06 feet to the northeast corner of Lot No.1 as shown on said map of Smithfield P~rk; thence westerly along lot No. 1 and 2, along the northerly terminus of a road, and along Lot Numbers 3, 4, 5, 6, 7, 8 and 9, as shown on said map of Smithfield Park, the following courses and distances: (1) North 81 degrees 06 minutes 40 seconds West, 17.35 feet; (2) on a curve to the right with a radius of 408.70 feet for a distance of 168.48 feet; (3) North 57 degrees 29 minutes 30 seconds West 344.90 feet; (4) on a curve to the left with a radius of 980.23 feet for a distance of 199.31 feet; (5) North 69 degrees 08 minutes 30 seconds West, 233.45 feet to the easterly line of a realty subdivision entitled "Fairview Park" filed in the office of the Clerk of Suffolk County on August 9, 1961 as Map No. 3388; thence North 9 degrees 40 minutes 40 seconds East along the easterly line of said "Fairview Park", 51.60 feet to the point or place of beginning. PARCEL FIVE - LANDING PATH: Designftted Rn map hereinafter referred BEGINNING at the northwes€OcB~ne~O~P Lot No. 2 as shown on a certain realty subdivision map entitled "Subdivision Plan - Smithfield Park, Southold, Town of Southold, Suffolk County, New York" filed in the Office of the Clerk of Suffolk County on December 27, 1966 as Map No. 4770; and running thence from said point of beginning South 32 degrees 30 minutes 30 seconds West I along said Lot No.2, 251.75 feet to the land of Lillian M. Howell; thence North 57 degrees 29 minutes 30 seconds West, 50.00 feet along the land of Lillian M. Howell to the southeast corner of Lot No.3, as shown on said ~ap of Smithfield Park; thence North 32 degrees 30 minutes 30 seconds East along said Lot No.3, 251.75 feet to the southerly line of Clearview Avenue, said avenue being shown on said map of Smithfield Park; thence South 57 degrees 29 minutes 30 seconds East along the southerly line of Clearview Avenue, 50.00 feet to the point or place of beginning. -0- p ii' i II " '3 --vv NORM,II f!M CIti (J/ 'AN E. KLIPp' . Suffolk County LlBE 6453 PAGE 230 ~ . TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the <:oCenter lines thereof and in and to any fixtures and articles of personal property which are now contained in said premises and which may be covered by said mortgage. TOGETHER with the hereditaments and appurtenances thereunto belonging, and all right, title and interest of the party of the first part, in and to the same, to the intent that the lands hereby released may be dis- charged from said mortgage , and that the rest of the lands in said mortgage specified may remain mortgaged to the party of the first part as heretofore. TO HAVE AND TO HOLD the lands and premises hereby released and quitclaimed to the party of the second part, and to the heirs, successors and assigns of the party of the second part forever, free, clear and discharged of and from all lien and claim under and hy virtue of said mortgage aforesaid. IN WITNESS WHEREOf, the party of the first part has executed this release the day and year first above written. IN PRESENCE OF: A?~)../, ,.. g ~ a.t)YlA -((~.; P-6L. S. ) (Edith B. Mailler) L;..: lY ;; :.I.',c. I;'r; :11 LLljr\JL .,~ L"': \-1'\ I 1 E:;- STATE Of NEW YORK, COUNTY Of On the rJ: day of October SUFFOLK 55.: , nineteen hundred and sixty-eight before me personally came EDITH B. MAILLER, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged tbat she executed the same. RENSSELWER Ik 'tERRy;, iIII\ N(Y]'.ARY PUBLIC; State of Ntlw: 'tnli Residing in SuffolJ( CoOnly No. 52-3954850 :My Commission Explree Mardi ~O'. I9'rr ti:.....I..- ~ ~ Nota lie. STATE Of NEW YORK, COUNTY Of 55.: On the day of , nineteen hundred and before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. "r c l1 R " ED' NOV 12 1968 · 3.11 f? NORMAN E "L M. .. rI . n. IPp Suffolk County .- . ~ STATE OF NEW YORK, COUNTY OF 55.: On the day of before me personally came J nineteen hundred and to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF 55.: On the day of before me personally came , nineteen hundred and subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he was present and saw execute the same, and that he, said witness, thereupon at the same time subscribed h name as witness thereto. 0/ ' ~tlta~t OF PART OF MORTGAGED PREMISES TITLE No. SECTION BLOCK LOT COUNTY OR TOWN EDITH B. MAILLER , * "'- DANmL T. SMITH and TO SMITH, GEORGE HERBERT WILLIAM B. SMITH Rccord~d At Request of The Title Guarantee Company RETURN BY MAIL TO: ~ ~;PNO STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distrjbutsd by THE TITLE GUARANTEE COMPANY _~~... _ m NEW YO'K .\ ~~ o '-!l",. ~r\ .. r6 ...., o . , ~ ~ .~ ' o '" ',-,- !r:;z ~ ~ '" ~~ ~ -. .. ~ .. ~ .. ,.. ~ """ AlNnOJ \1l8:130S .:JD >n~ =n~1 ddl"],-I':; ;!'iHDH 89, Hd tt S ZI MN