HomeMy WebLinkAboutBayberry Road CERTIFICATE OF ABANDONMENT
PURSUANT TO NEW YORK REAL PROPERTY L.~
BARRY MALLIN and GAIL KR-EtGEL MALLIN, husba~
residing at 4525 Wunneweta Road, Cutchogue, New York 11935, for purposes
of abandoning and canceling the subdivision of a certain tract of land owned by
them and hereinafter described pursuant to New York Real Property Law
§335(3), do hereby certify as follows:
1. A certain map was filed which subdivided such tract of land and
other land situate in the Town of Southold, County of Suffolk, State of New
York, into lots, plots, blocks, or sites with opened and proposed roads, entitled
and named as "Amended Map of Nassau Point", and filed in the Office of the
County of Suffolk on August 16, 1922 as Map No. 156.
2. More than twenty years have elapsed since the filing of said map.
3. The tract of land which is to be abandoned and canceled is situate in
the Town of Southold, County of Suffolk, New York State and is a portion of the
street known as Bayberry Road, more particularly described in Schedule "A"
which is annexed hereto and made a part hereof.
4. Barry Mallln and Gail Kr-eigel Mallin own the property bounded by
the portion of said street to be abandoned, being the same premises conveyed
by deed dated by December 19, 1997 and recorded on January 6, 1998 in the
office of the Suffolk County Clerk at Liber 11871, Page 457 as well as Deed dated
December 22, 1997 and recorded on January 6, 1998 in the office of the Suffolk
County Clerk at Liber 11871, Page 458. The portion of said street to be
abandoned, more particularly described in Schedule "B" which is annexed hereto
FILED SEP 2 6 2000
and made a part hereof, is entirely within the bounds of the property to be
abandoned, and such portion thereof is neither open, nor public highway, nor
l 1 7 #AB$. No. FILED
8EP 2 6 2000
used by the public, nor necessary for the use of owners, occupants or any other
persons having an interest in any part of the subdivision.
5. The undersigned do hereby abandon and cancel the subdivision of
such tract of land described in Schedule "A", including a portion of said street
known as Bayberry Street, which shall no longer exist upon the approval and
recording of this certificate.
6. A copy of this Cer~ficate of Abandonment has been approved and
endorsed by the Assessor of the Town of Southold. A copy of said endorsement
is annexed hereto as Exhibit "C" and made a part hereof.
7. An abst[act of title for the property to be abandoned covering a
period of at least twenty years is annexed hereto as Exhibit '~)" and made a part
hereof. Said abstract prepared by Fidelity National Title Insurance Company of
New York (No.9923822) includes a tax search which states that there are no
unpaid tax liens against such property to be abandoned, and said abstract shall
be submitted and approved by the Suffolk County Clerk when the certificate is
presented for recording.
IN WITNESS WHEREOF, this Certificate of Abandonment is made and
executed this ~ day of ~'~ ~,~ ,2000.
BARRY MALLIN
GAIL KRliJ.I~L MARLIN
-2-
CERTIFICATE OF ABANDONMENT
PURSUANT TO NEW YORK REAL PROPERTY LAW ~ 335(3}
TWOMEY, LATHAM, SHEA & KELLEY, LLP.
33 West Second Street
P.O. Box 398
Riverhead, New York 11901
(631) 727-2180
STATE OF blEW YORK)
COUNTY OF
ss:
On the ~ day of /0 ~1 °~t , in the year 2000, before me the
undersigned, personally appeared Barry Mallin personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument,
the individual, or the person upon behalf of which the individual acted, executed
the instrument.
Notar~ Public
SHANNON A. ENGLEBRECHT
Notary Public, State of New Yorl{
No. 02EN6004867 ~ , ,~ ~,~
Qualified in
ss:
STATE OF NEW YORK)
COUNTY OF
On the ~ day of /q-~.~'~1-~ , in the year 2000, before me the
undersigned, personally appeared Gall Kr~i~gel Mallin personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual
the instrument. /t
acted, executed
'Notary Public
SHANNON A. ENGLEBRECHT
Notary Public, State of New York
No. 02EN6004867
Qualified in
Commission Expires March
-3-
TITLE NO. FNT9923822
DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and
being at Nassau Point, Town of Southold, County of Suffolk and
State of New York, known and designated as part of Lot 222 as shown
on a certain m~p entitled, ~Amended Map of Nassau Point" filed in
the Suffolk County Clerk's Office on 8/16/22 under Map #156 azld a
portion of Bayberry Road, said part of lot and part of Bayberry
Road being bounded end described as follows:
BEGINNING at a monument on the northerly side of Bayberry Road
where the same is intersected by the division line between Lots 139
and 140 on the above mentioned map, said point of beginning also
being on the easterly side of ~,~eweta Road where same is
intersected by the division line between Lots 139 and 140 on the
above mentioned map;
RUNNING THENCE Southeasterly along the northerly side of Bayberry
Road along an arc of an irregular curve bearing to the left the
chord of which runs along a bearing of South 54 degrees 02 minutes
East, 135.82 feet to a point in another chord;
THENCE Southeasterly still along the northerly side of Bayberry
Road along the arc of an irregular curve bearing to the right, the
chord of which runs along a bearing of South 65 degrees 50 minutes
East, 171.84 feet to a point;
THENCE Southeasterly and southerly still along the northerly side
and easterly side of Bayberry Road along the arc of an irregnlar
curve bearing to the right the chord of which runs along a bearing
of South 42 degrees 23 minutes East, 116.54 feet to a point in
another chord;
THENCE Southerly along the easterly side of Bayberry Road along the
arc of an irregular curve bearing to the right the chord of which
runs along a bearing of South 7 degrees 30 minutes East, 100.16
feet to a point in another chord;
THENCE Southerly still along the easterly side of Bayberry Road
along the arc of an irregular curve bearing to the left the chord
of which runs along a bearing of South 4 degrees 25 minutes West,
103.84 feet to a point in another chord;
THENCE Southerly still along the easterly side of Bayberry Road
along the arc of an irregular curve bearing to the left the chord
of which runs along bearing South 2 degrees 13 minutes West, 102.80
feet to a point in another chord and the point of intersection
between the division line between Lots 133 and 134 on the above
mentioned map and the easterly side of Bayberry Road;
THENCE Southerly still along the easterly side of Bayberry Road
along the arc of an irregular curve bearing to the left the chord
of which runs along a bearing of South 9 degrees 06 minutes East,
99.90 feet to a point in another chord~
THENCE Southerly along the easterly side of Bayberry Road along the
arc of an irregular curve bearing of South 61 degrees 55 minutes
East, 43.64 feet to the northerly side of Wunneweta Road;
THENCE Westerly along the northerly side of Wunneweta Road along
the arc of an irregular curve bearing to the right the chord of
which runs along a bearing of South 72 degrees 26 minutes West,
269.21 feet to a point in another chord;
THENCE Northerly along the northerly and easterly side of W~mneweta
Road along the arc of an irregular curve bearing to the right the
chord of which runs along a bearing of North 46 degrees 00 minutes
West, 167.66 feet to a point in another chord;
THENCE Northerly along the easterly side of ~nneweta Road along
the arc of an irregular curve bearing to the right the chord of
which runs along a bearing of North 14 degrees 22 minutes West,
178.91 feet to a point in another chord;
THENCE Northerly along the easterly side of Wunneweta Road along
the arc of an irregular curve bearing to the right the chord of
which runs along a bearing of North 4 degrees 59 minutes East,
215.35 feet to a monument on the southerly side of Bayberry Road;
THENCE North i degree 46 minutes East crossing Bayberry Road, 75.40
feet to the monument on the northerly side of Bayberry Road, the
point or place of BEGINNING.
BEGINNING at a point along the easterly side of Wunneweta Road where the same ~s intersected
by the northerly line of lot 139 Map of amended Map "A" Nassau Point filed on August 16, 1922
as Map No. 156 and the northerly side of Bayberry Road.
THENCE along the tie lines of the irregular curves of lots 132 through 139 and Bayberry Road of
said map the following tie line bearings and distances:
South 54 degrees 02 minutes 00 seconds East, 135.83 feet to a point;
South 65 degrees 50 minutes 00 seconds East, 171.84 feet to a point;
South 42 degrees 23 minutes 00 seconds East, 116.54 feet to a point;
South 07 degrees 30 minutes 00 seconds East, 100.16 feet to a point;
South 04 degrees 25 minutes 00 seconds West, 103.84 feet to a point;
South 02 degrees 13 minutes 00. seconds West, 102.80 feet to a point;
South 09 degrees 06 minutes 00 seconds East, 99.90 feet to a point;
South 61 degrees 55 minutes 00 seconds East, 43.64 feet to a point along the northerly side of
Wunneweta Road;
THENCE westerly along a tie line of the irregular curve of Wunneweta Road Noah 72 degrees
26 minutes 00 seconds West, 94.45 feet to a point;
THENCE northerly and westerly along tie lines of the irregular curves of Bayberry Road the
following tie line courses and distances:
Noah 50 degrees 39 minutes 28 seconds
North 09 degrees 06 minutes 00 seconds
North 02 degrees 13 minutes 00 seconds
North 04 degrees 25 minutes 00 seconds
Noah 07 degrees 30 minutes 00 seconds
North 42 degrees 23 minutes 00 seconds
North 65 degrees 50 minutes 00 seconds West,
North 54 degrees 02 minutes 00 seconds West,
South 70 degrees 50 minutes 03 seconds West,
Wunneweta Road;
East, 28.52 feet to a point;
West, 72.00 feet to a point;
East, 105.76 feet to a point;
East, 101.71 feet to a point;
West, 89.70 feet to a point;
West, 103.50 feet to a point;
169.23 feet to a point;
70.00 feet to a point;
45.54 feet to a point along the easterly side of
THENCE northerly along the tie line of the irregular curve of Wunneweta Road North 01 degrees
46 minutes 00 seconds East, 75.40 feet to the point and place of BEGINNING
APPROVAL OF THE SOUTHOLD TOWN
ASSESSOR FOR ABANDONMENT OF REAL PROPERTY
WITHIN THE TOWN OF SOUTHOLD
I, SCOTt A. RUSSELL, the Assessor of the Town of Southold, Suffolk
County, State of New York, have examined and reviewed the Certificate of
Abandonment annexed hereto.
The undersigned, Assessor of the Town of Southold, Suffolk County, State
of New York, does hereby consent and approve the annexed Certificate of
Abandorunent, which .is to be properly filed in the Office of the Suffolk County
Clerk.
Signed this I q~C~. day of ~,, ~000 at Southold Town Hall, 53095
Main Road, Southold, County of Suffolk, New York.
SCOTT A. RUSSELL
The 8ete-.Assessor of the Town of Southold.
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
Onthe / q~dayof ~ , in the year 2000, before me the
undersigned, personally appeared Scott A. Russell personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument, the individual or the person upon behalf of which the
individual acted, executed the instrument.
Notary Public
Commisskm tal~,~ D~'' ~' ~
TITLE NO. FNT9923822 AMD
CERTIFICATE OF ABANDONMENT
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, hereby
certifies to the Town of Southold, and/or County of Suffolk that it
has searched the title to the premises herein described from a date
20 years prior to the date hereof and finds that title to said
premises herein described is vested in:
BARRY MALLIN AND GAIL KRL~GEL MALLIN
Subject to such mortgage, taxes, tax sales and assessments as
appear in the annexed schedules, all of which are part of this
certificate.
This certificate is made and accepted with the understanding that
the Company's liability hereunder is limited to such interest as
herein set forth and in no event is the liability of the Company to
exceed the sum of One Thousand Dollars ($1,000).
DATED: 7/31/00
FIDELITY NATIONAL TITLE INSIFRANCE
COMPANY OF NEW YORK
SANDRA J. G~ESKI
Assistant Vice President
TITLE NO. FNT9923822
DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and
being at Nassau Point, Town of Southold, County of Suffolk and
State of New York, known and designated as part of Lot 222 as shown
on a certain map entitled, ~Amended Map of Nassau Point" filed in
the Suffolk County Clerk's Office on 8/16/22 under Map #156 and a
portion of Bayberry Road, said part of lot and part of Bayberry
Road being bounded and described as follows:
BEGINlqING at a monument on the northerly side of Bayberry Road
where the same is intersected by the division line between Lots 139
and 140 on the abo~e mentioned map, said point of beginning also
being on the easterly side of Wunneweta Road where same is
intersected by the division line between Lots 139 and 140 on the
above mentioned map;
RUNNING THENCE Southeasterly along the northerly side of Bayberry
Road along an arc of an irregular curve bearing to the left the
chord of which runs along a bearing of South 54 degrees 02 minutes
East, 135.82 feet to a point in another chord;
THENCE Southeasterly still along the northerly side of Bayberry
Road along the arc of an irregular curve bearing to the right, the
chord of which runs along a bearing of South 65 degrees 50 minutes
East, 171.84 feet to a point;
THENCE Southeasterly and southerly still along the northerly side
and easterly side of Bayberry Road along the arc of an irregular
curve bearing to the right the chord of which runs along a bearing
of South 42 degrees 23 minutes East, 116.54 feet to a point in
another chord;
THENCE Southerly along the easterly side of Bayberry Road along the
arc of an irregular curve bearing to the right the chord of which
runs along a bearing of South 7 degrees 30 minutes East, 100.16
feet to a point in another chord;
THENCE Southerly still along the easterly side of Bayberry Road
along the arc of an irregular curve bearing to the left the chord
of which runs along a bearing of South 4 degrees 25 minutes West,
103.84 feet to a point in another chord;
TITLE NO. FNT9923822
DESCRIPTION
continued
THENCE Southerly still along the easterly side of Bayberry Road
along the arc of an irregular curve bearing to the left the chord
of which runs along bearing South 2 degrees 13 minutes West, 102.80
feet to a point in another chord and the point of intersection
between the division line between Lots 133 and 134 on the above
mentioned map and the easterly side of Bayberry Road;
THENCE Southerly still along the easterly side of Bayberry Road
along the arc of an irregular curve bearing to the left the chord
of which runs along.a bearing of South 9 degrees 06 minutes East,
99.90 feet to a point in another chord;
THENCE Southerly along the easterly side of Bayberry Road along the
arc of an irregular curve bearing of South 61 degrees 55 minutes
East, 43.64 feet to the northerly side of Wunneweta Road;
THENCE Westerly along the northerly side of Wunneweta Road along
the arc of an irregular curve bearing to the right the chord of
which runs along a bearing of South 72 degrees 26 minutes West,
269.21 feet to a point in another chord;
THENCE Northerly along the northerly and easterly side of Wunneweta
Road along the arc of an irregular curve bearing to the right the
chord of which runs along a bearing of North 46 degrees 00 minutes
West, 167.66 feet to a point in another chord;
THENCE Northerly along the easterly side of Wunneweta Road along
the arc of an irregular curve bearing to the right the chord of
which runs along a bearing of North 14 degrees 22 minutes West,
178.91 feet to a point in another chord;
THENCE Northerly along the easterly side of Wunneweta Road along
the arc of an irregular curve bearing to the right the chord of
which runs along a bearing of North 4 degrees 59 minutes East,
215.35 feet to a monument on the southerly side of Bayberry Road;
THENCE North 1 degree 46 minutes East crossing Bayberry Road, 75.40
feet to the monument on the northerly side of Bayberry Road, the
point or place of BEGINNING.
TITLE NO. FNT9923822
CHAIN OF TITLE
Letty Garber and
Albert Pollack
to
Edward N. Cartnick and
Marie M. Cartnick, his wife
Edward N. Cartnick and
Marie M. Cartnick, ~is wife
to
158th Street Realty, Inc.
158th Street Realty,
to
Barry Mallin and
Gail Kr~gel Mallin
Edward N. Cartnick and
Marie M. Cartnick, his wife
to
Daniel Silverm~n and
Henrietta Silverman, his wife
Henrietta Silverman, as Executrix
of the Will of Daniel Silverman,
deceased and Henrietta Silverman
to
Henrietta Silverman
Kenneth P. Silverman, as
Executor of the Estate of
Henrietta Silverman under
the Last Will and Testament
of Henrietta Silverman, deceased
to
Barry Mallin and
Gail Kriegel Mallin
Deed Liber 6978 cp 392
Dated: 8/2/71
Rec'd: 8/3/71
(Premises and more)
Deed
Liber 9349 cp 110
Dated: 4/22/83
Rec'd: 4/27/83
(Tax Lot 007.001)
Deed
Liber 11871 cp 457
Dated: 12/19/97
Rec'd: 1/6/98
(Tax Lot 007.001)
Deed
Liber 9349 cp 100
Dated: 4/22/83
Rec'd: 4/27/83
(Tax Lot 007.002)
Deed
Liber 10964 cp 374
Dated: 11/1/89
Rec'd: 11/13/89
(Tax Lot 007.002)
Deed
Liber 11871 cp 458
Dated: 12/22/97
Rec'd: 1/6/98
(Tax Lot 007.002)
TITLE NO. FNT9923822
CHAIN OF TITLE
Barry Mallin and
Gail Kriegel Mallin
to
The Bridgehampton National Bank
Mtg.
Liber 19283 mp 817
Dated: 12/22/97
Rec'd: 1/6/98
Amount: $340,000.00
The Bridgehampton National Bank
to
GE Capital Mortgage Services, Inc.
AOM
Liber 19283 mp 818
Dated: 12/2/97
Rec'd: 1/6/98
GE Capital Mortgage Services,
to
The Chase Manhattan Bank
AOM
Liber 19488 mp 319
Dated: 2/12/99
Rec'd: 3/15/99
Barry Mallin and
Gail Kr~gel Mallin
to
The Chase Manhattan Bank
Extension & Modification
Agreement Liber 19488 mp 320
Dated: 2/12/99
Rec'd: 3/15/99
TITLE NO. FNT9923822
PERIOD SHEET
Edward N. Cartnick
08-02-71 to 04-27-83
Marie M. Cartnick
08-02-71 to 04-27-83
158th Street Realty,
Barry Mallin
Gail Kre-igel
Daniel Silverman
04-22-83 to 01-06-98
12-19-97 to Date
12-19-97 to Date
04-22-83 to
Henrietta Silverman
04-22-83 to
FIDELITY NATIONAL TITLE INSURANCE
COMPA~-Y OF NEW YORK
SANDRA J. GOLE~KI
Assistant Vice President
TITLE NO. FNT9923822
TAXES
FIDELITY NATIONAL TITLE INSD-RANCE COMPANY OF NEW YORK, hereby
certifies that the ~999/2000 Real Estate Taxes have been paid in
full and that all prior taxes for a period of 20 years have been
paid.
FIDELITY NATIONAL TITLE INSURANCE
COMPANY OF NEW YORK
SANDRA J. ~OLESKI
Assistant Vice President