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Home My WebLink AboutConkling Point Estates~/ '~'~: 3'" ' :'I'3:'/~NDEX NO': 154--~-~7 -- SUPREME COURT - STATE OF NEW YORK Present: I.A.S. PART 10 SUFFOLK COUNTY RON. JOHN J.j. JONES JR. Justice DAN A. ABBOTT and MADELINE-~7 ...... ABBOTT, Plaintiffs, -against- ARNOLD BLAIR and KAREN BLAIR, Defendants· MOTION DATE: ~ MOTION NO.: MG PLTF'S/PET,S ATTY: WICKHAM, WICKHAM & BRESSLER, P.C. 275 Broad Hollow Road Melville, N.y. 11747 DEFT'S/REsP.S ATTy: WILLIAM R. PRICE 828 Front Street Greenport, N.y. 11944 · Upon the following P~.pers numbered 1 to 11 r · ~/~erS~omm~rY 3udgment an favo~ of -la' ~ ead on th~s Cross Motion a - now Ca~se and SUDDOrt~n~ -a~D lntlffs; Notice of SU~ ..... no Supp¢.r~ing DaDe~ ~ ~ pers 1-11 ; Notice of t=_.-~-fu-_.; ~Swering Affidavits an ~; Other'~' 'Rep!yingls, A~idavi~s and Supporting paper~ ORDERED, that this motion by plaintiffs, Dan A. Abbott and Madeline A. Abbott, for an order granting summary judgment in their favor in this action for declaratory relief ~elating to plaintiffs, deeded right of way OVer certain streets and paths and, further, for an order directing the removal of barriers erected by defendants, Arnold Blair and Karen Blair, which have burdened plaintiffs, enjoyment of such easements is granted, without Opposition; and it is further ORDERED that defendants shall remove any and all barriers Which they erected across Cedar Lane and Beach Court within ten 1 (10) days following service of a copy of th~i's order With notice of entry upon defense counsel; and it is further OFUDEPJ~D that upon service of a certified copy of this order on the County Clerk of the County of Suffolk, the Certificate of Abandonment purporting to abandon certain portions of Cedar Lane and Beach Court shall be cancelled. Sub~i~ jud?aen% on notice. DATED: March ~ HON. . COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: 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 or,ce ..... J~.l~/. ~ .~..~ ......... a~d, that the same is a trus copy thereof, and of the whole of such 9riginal. In Testimony Whereof, I have hereunto set my hand and a~xed the seal of said County and Court this .. ~. 2 ? 8 z~ #~s. No, ~L~ ~t~L ~ 11~5 J~t T 199S 7. k copy Of this Certificate of Abandonment has been approved and e~dor~ed by the Assessor of the Town copy of said endorsement is annexed as Exhibit C, and ~ade a part hereof. 8. An abstract Of title for the property %0 be abandoned covering a period o~ at least twenty years i$ annexed hereto as Exhibit D, an~ made a part hereof. Said abstract prepared by Chicago Title Insurance Company [No. 9508-00098) includes a tax search which s~ates that are no unpaid tax liens against ~uch ~roperty to be abandoned, and said abstract shall be ~ub~itted approved by %he ~uffolk Ceunty Clerk when ~his certificate is pre~en~ed for ~ecording. IN WITNESS WHEREOF, this ,~_ertlficate of Abandonment is made "' 7 / r~/' . '-., C~ ./~. I, d~ s) ~d_x~p~ove~e~ a~d York, being more particularly bounded and described as follow~: BEGi~ING at a point On the northerly line Of Beach Court where said line is intersected by the division line between lots 155 and 156. shown On "Map of Section 2 - Gardiners Bay Estates'., filed in Suffolk County Clerk's office On 9/23/27 as {4ap. NO. 275; RUNN!NG ~E/~CE On the extension of said division line South 42 de~rees 48 minutes 30 second Bast 15 feet, r~ore or less, to the center line of Beach Court; seco..ds West 15 feet, more cf les point on the northerly extension of the division line between lots 166 and 167 shown on said filed T~n~CE on said extension South 36 ~egree$ 57 Tdnutes 30 seconds East :~ feet. m~re or less, to the ~outherl.:. llne of ~ach Court; I~{~:CE along sa~d Southerly line, being along the northerlf' line of %o~s 167 to 172 sho~n on said filed m~p, South 36 deerees 32 minutes 30 seconds We~t 290 fee~, m~re or less, to the westerly line cf Cedar Lane; ~H~CE alon~ said line North 2~ deerees r m:nutes 30 seconds West !5 fee%. more or less, to the center line of Beach Court; ~-~.CE along said center lane North 36 degrees 32 minutes 30 Se:onds Bast 24 feet. more or less, ~e the easterly line of Cedar E~,h,'b,'+ A I:L'TZC~: ~7.00 : SS ¢O~Y OF SUFFOL~ : On the 25th day of July, i9B3. before me personally came Rudolph H. Bruer. to mu ~own to be ~.~e individual described in and who executed the foregoing instrument a~ attorney-in-fact of Patric£a Sargent, who resides at 8 Park Village l~,st, London NWl, and to me known to be the attorney-in-fact of the sold t'a%£icia Sargent, and who acknowledged to me that he executed the fore\..ng ~nutrum~nt as the ~ct and ~uud of tho said P~tricia Sarg0nt, by v~rtuu of a power of attorney dated 'July 6, ~983 and intended to be r~'cu£dud in the 0ffic~ of the Cl~rk of tho County of Suffolk simultaneously with this instrument. william H. Price, Jr., Esq. 828 Front Street Greenport, New York 11944 I, Scott A. Russell, the Assessor c.~ the T~.. of So~thold, Suffolk County, State o~ New York, .have examined and reviewed the Certi.~icate Of Abandonment a.nnexed ~.ereto. 11992~7371 Number of pa§es TORRENS ! Serial # C¢ffificale # Pr or Cfi. # RECORDED 990CT-I AHII: 59 £O'EAFk3 p. E'CMAINE CLU~K O? - SUFFOLK CO INTY 41 Page I Filing Fee EA-52 17 (County) A flidavit Certified Copy Reg. Copy FEES 500 /o .%b To,al ~:1 0 Real Properly Tax See,'ice Agency Verification Salislhction~'Di,;charges/Releases List Property Ox~ners Mailin R£CORD & RETURN lO: TD 'ID TD Title Company InformafioR o. Name Tide # Suffolk County Recordin &g_.~.ndorsement Pa e . .~ , (SPECIFY 'I~PE OF INS'II~[JN~NI' ) t [ [3 ~ ~ ~ cl~ ~ ¢[ ~ lhe premiss heroin is silmlcd in SUFFOLK COUN'I'f, NEW YORK, In the VILLAGE or tlAMLET of~ THRU 9 MUg, I' B: 'Y ~ED O ~. Is ~. lq' 'ED N ) .ACK NK ONI.Y I'RIOR l'O REC'OI~.DING OR HI.IN(,. (OVER) m~de~e 25th dayd July STEFAN SARGENT and PAT~CIA SARGERT, his wife, both residing. at 8 Park Village East, London NWl DISTRICT: 1000 SECTIC~ = 03] .00 BLOCK: 07.00 LOT: 61o.0ol pARCEL I ARNOLD B~AXR and F.M~N B~.AIR, his wife. both E. 47th Street, New York, New ~ork 10017 Ten ($10.00) ........................ hwf~ ~ d ~ U~t~d ~ AIL ~.~ ~ p~ ~ ~ ~ 0f ~. ~ ~e b~tdln~ .~d ~p~ ~ ~ ~. l!~d~nl~ Town of Southold, County of Suffolk and S~aLe of New yo~k, ~o~ and designated as lots 156 through 160, inclusive, on a certain ~p entitled, "Map of Section 2, Gardiners Bay Estates", and filed in ~e Suffo~ Coun~ Clerk's Offi~ on 9/23/27, as ~p NO. 275, said lots ~ p~t of ~t,. ~en t~en together, being more particularly ~unded a~ demcri~d as follows: BEGGING at a point on the easterly side of Ced~ ~e at the extre~ northerly end of the curve which connects the easterly side of Cedar ~e with the north~sterly side of Beach Court, ~d fr~ said point of ~ginning; ruling thence along the easterly side of Cedar ~e Nor~ 26 07 ~nutes 30 seconds West 178.00 feet to the division line ~en lots 150 ~d 151 on said map; running thence along said division line ~d alo~ ~e 4ivis~oh lline ~t~en lots 152 and 153 on said map North 36 degrees 32 ~nutes 30 seconds East 234.6i feet to ~e ~u~erly side of P~e Place~ ruling thence along the south~ly sideof Pine Place South 83 deoree: 15 minutes 20 seconds East 35.43 feet; running thence South 36 degrees 32 ~nutes 30 seconds West 49.96 feet; ruling thence South 42 degrees 48 ~inutes 30 ~conds East 157.38 feet to the north~sterly si~e of ~a~ Court; ru~lng ~ence along the nor~sterly side of ~ach Court]~ S~ 36 ds~rees 32 minutes 30 seconds West 238.00 ~et to ~e ~ter~y end of the cu~e first a~ve ~tioned; running thence in a general ~sterly ~ction along ~e ~c of said curve bearing to the right a distanc~ of 41.O0 feet to the easterly side of C~ ~e, the ~int or place of ~G~G. ALL that certain plot, piece or p~cel ~ing in ~e ~ of Southold, kno~ ~d desigma~d as ~ts ~7 ~rou "Map of Section 2, County Clerk' s office .PBDIST0042~4MAY1800~.0005<< SUFFOLK COUNTY R.P.T.S.A. SYSTEM Dist Sect Blk Lot Wk Liber-page Pp Document # Cde ~1000 03700 0700 010002 ~ 09398 0202 BSD ....... Owner's name & address ......... BLAIR ARNOLD BLAIR KAREN 301 EAST 47TH ST NEW YORK NY 10017 ...... Dates ...... Document Record 07-25-1983 08-02-1983 Percent Type Title TE /ovlp TE ......... Physical address .......... ....... Filed map information ................... Map Sec Blk Lotl Lot2 Lot3 Sch 2 (1) 00275 2 151 153P 156 Ref (2) Hyd (3) Lfg ..... Condominium .... No Sec Bldg Unit Special districts ......... Fire 26 Lgt 41 Wtr Ambl Prk 65 Swr WWD Hist Med Dck Sect Blk Lot Prev: 037.00 07.00 010.001 New: Remark: ALSO LOTS 1571160 Item-nbr ---Acreage .... 00000000 Front Depth <---deed calc---> 38 VAR IRR 1.30 Last Owner ---Centroids--- Update code Land use east north 08-08-1995 00 000 000 2457724 329157 ADDITIONAL Owners · ~ Pre/new lot · ~ Remarks ~ History .Y~ ~ ~ xmit~@~