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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