Preview
FILED: ERIE COUNTY CLERK 08/24/2021 03:14 PM INDEX NO. 811747/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
CHARTER OAKS CONDOMINIUM BOARD OF NOTICE OF
MANAGERS, PENDENCY
Plaintiff, Date Filed:
v. Index No.
MARIE PAPACHATZIS;
DISCOVER BANK;
CALVALRY SPV I, LLC
#1"
AND "JOHN DOE THROUGH "JOHN DOE #100",
Defendants.
NOTICE IS HEREBY GIVEN, that an action has been commenced and is pending
in the Court upon a complaint of the above-named plaintiff against the above-named
defendants for the foreclosure of a lien for unpaid common charge assessments pursuant to
a declaration recorded in the Erie County Clerk's Office in Liber 8705 of Deeds page 102 as
amended by that certain amendment to declaration and By-Laws recorded in the Erie
County Clerk's Office in Liber 10958 of Deeds, page 9768, and as further amended by that
certain amendment to declaration and By-Laws recorded in the Erie County Clerk's Office
in Liber 11083 of Deeds, page 7788. The notice of lien dated April 23, 2021 was filed by the
plaintiff against Marie Papachatzis in the Erie County Clerk's Office on April 27, 2021 in
the principal amount of $5,940.35.
AND NOTICE IS FURTHER GIVEN, that the premises affected by the said
foreclosure action, were, at the time of the commencement of this action, and at the time of
the filing of this notice, situate in the County of Erie and the State of New York, and are
- Legal Description"
further described as set forth in "Schedule A annexed hereto and made
a part hereof, intending to describe the same premises described in the notice of lien
aforesaid, which premises are commonly known as 40 Charter Oaks Drive, Unit 1, Town of
Amherst, New York.
1 of 4
FILED: ERIE COUNTY CLERK 08/24/2021 03:14 PM INDEX NO. 811747/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/24/2021
The Clerk of the County of Erie is directed to index this notice against the names of
the defendants and the premises identified above.
Dated: June , 2021
PHILLIPS YT P
Richard J. Evans, Jr., Esq.
Attorneys for Plaintiff
Office and Post Office Address
28 East Main Street, Suite 1400
Rochester, New York 14614
(585) 758-2110
2 of 4
FILED: ERIE COUNTY CLERK 08/24/2021 03:14 PM INDEX NO. 811747/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/24/2021
LEGAL DESCRIPTION
ALL THAT CERTAIN PIECE OR PARCEL OF REAL PROPERTY, with
improvements therein contained, situate and being part of a condominium in the Town of
Amherst, County of Erie and State of New York, known and designated as the following
unit(s) and undivided interest(s) in the common elements of the condominium hereafter
described as the same is defmed in the Declaration of Condominium hereinafter referred
to as:
Residential Unit No. 40 Charter Oaks Drive-Unit One together with a .4606% undivided
interest in the common elements.
The real property above described is shown on the plans of a condominium certified by
6th
Joseph Glajch, P.E. and filed in the Erie County Clerk's Office on the day of October,
1.978, as Map No. 2425 as defmed in the Declaration of Condominium entitled Charter
Oaks Apartments, (a New York partnership composed of W.N.Y. Property Mgmt., Inc.
and Caldwell Development Corp. having a place of business at 5820 Main Street,
Williamsville, New York) under Article 9-B of the New York Real
Property Law dated
6th
October 6, 1978, and recorded in the Erie County Clprk's Office on the day Of
6th
October, 1978, and recorded in the Erie County Clerk's Office on the day of October,
1978 in Liber 8705 of Deeds at page 102 covering the propeity therein described. The
land area of the property is described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Amherst, Cpunty of
Erie and State of New York, being a part of Lot 75, Township 12, Range 7 of the Holland
Land Company's Survey, bounded and described as follows:
BEGINNING AT A POINT on the north line of Skinnersville Road 24.75 feet north of a
point on the south line of Lot 75 and 350 feet easterly, as measured along said south line,
form the southwest corner of said Lot;
Thence easterly along the north line of Skinnersville Road 140.00 feet to the true point or
place of beginning;
Running thence easterly along the north line of Skinnersville Road 747.22 feet to the
west line of land described in deed recorded in the Erie County Clerk's Office in Liber
3544 of deeds at page 164;
102° 37' 30"
Thence northerly ata interio.r angle of and along the west line of lands
described in deed recorded in Liber 3544 of Deeds at page 164 (which line is also the east
line of lands described in deed recorded in the Erie County Clerk's Office in Liber 6581
of Deeds at page 379) 77132 feet;
77° 22' 30"
Thence westerly at an interior angle of a distance of 405.87 feet;
89° 55' 00"
Thence aoutherly at an interior angle of a distance of 78.45 feet;
Thence westerly at right angles 521.93 feet;
89°
Thence northerly at an exterior angle of 10', a distance of 166.29 fept;
Thence westerly at right angles 120.00 feet;
3 of 4
FILED: ERIE COUNTY CLERK 08/24/2021 03:14 PM INDEX NO. 811747/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/24/2021
Thence southerly parallel with the west line of Lot 75 a distance of 705.28 feet to a point
140,00 feet north of the north line of Skinnersville Road;
89°
Thence easterly at an interior angle of 15', a distance of 138.17 feet;
Thence southerly at right angles, 139.00 feet to the true point or place of beginning.
All capitalized terms herein which are not separately defined herein shall have the
meanings given to those terms in the Declaration or in the By-Laws, of the Charter Oaks
Condominium (said Declaration and By-Laws, as the same may be amended from time to
"Declaration" "By-Laws"
time are hereinafter referred to as the and the resliectively.)
TOGETHER WITH the appurtenances and all the estate and rights of the Grantor in and
to the Unit;
TOGETHER WITH AND SUBJECT TO the provisions, benefits, rights, privileges,
easements, burdens, covenants and restrictions of the Declaration on of the By-Laws of
the Condominium recorded simultaneously with and as a part of the Declaration as the
same may be amended from time to time by instruments recorded in the Office of the
Clerk of Erie County, which provisions, together with any amendments theretp, shall
constitute covenants running with the land and shall bind any person having at any time
any interest or estate in the Unit, as though such provisions are recited and stipulated at
length herein;
TOGETHER with the benefits and subject to the burdens of other easements, agreements,
rights-of-way and restrictive covenants of record, if any;
4 of 4
Preview
FILED: ERIE COUNTY CLERK 08/24/2021 03:14 PM INDEX NO. 811747/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE CHARTER OAKS CONDOMINIUM BOARD OF NOTICE OF MANAGERS, PENDENCY Plaintiff, Date Filed: v. Index No. MARIE PAPACHATZIS; DISCOVER BANK; CALVALRY SPV I, LLC #1" AND "JOHN DOE THROUGH "JOHN DOE #100", Defendants. NOTICE IS HEREBY GIVEN, that an action has been commenced and is pending in the Court upon a complaint of the above-named plaintiff against the above-named defendants for the foreclosure of a lien for unpaid common charge assessments pursuant to a declaration recorded in the Erie County Clerk's Office in Liber 8705 of Deeds page 102 as amended by that certain amendment to declaration and By-Laws recorded in the Erie County Clerk's Office in Liber 10958 of Deeds, page 9768, and as further amended by that certain amendment to declaration and By-Laws recorded in the Erie County Clerk's Office in Liber 11083 of Deeds, page 7788. The notice of lien dated April 23, 2021 was filed by the plaintiff against Marie Papachatzis in the Erie County Clerk's Office on April 27, 2021 in the principal amount of $5,940.35. AND NOTICE IS FURTHER GIVEN, that the premises affected by the said foreclosure action, were, at the time of the commencement of this action, and at the time of the filing of this notice, situate in the County of Erie and the State of New York, and are - Legal Description" further described as set forth in "Schedule A annexed hereto and made a part hereof, intending to describe the same premises described in the notice of lien aforesaid, which premises are commonly known as 40 Charter Oaks Drive, Unit 1, Town of Amherst, New York. 1 of 4 FILED: ERIE COUNTY CLERK 08/24/2021 03:14 PM INDEX NO. 811747/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/24/2021 The Clerk of the County of Erie is directed to index this notice against the names of the defendants and the premises identified above. Dated: June , 2021 PHILLIPS YT P Richard J. Evans, Jr., Esq. Attorneys for Plaintiff Office and Post Office Address 28 East Main Street, Suite 1400 Rochester, New York 14614 (585) 758-2110 2 of 4 FILED: ERIE COUNTY CLERK 08/24/2021 03:14 PM INDEX NO. 811747/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/24/2021 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF REAL PROPERTY, with improvements therein contained, situate and being part of a condominium in the Town of Amherst, County of Erie and State of New York, known and designated as the following unit(s) and undivided interest(s) in the common elements of the condominium hereafter described as the same is defmed in the Declaration of Condominium hereinafter referred to as: Residential Unit No. 40 Charter Oaks Drive-Unit One together with a .4606% undivided interest in the common elements. The real property above described is shown on the plans of a condominium certified by 6th Joseph Glajch, P.E. and filed in the Erie County Clerk's Office on the day of October, 1.978, as Map No. 2425 as defmed in the Declaration of Condominium entitled Charter Oaks Apartments, (a New York partnership composed of W.N.Y. Property Mgmt., Inc. and Caldwell Development Corp. having a place of business at 5820 Main Street, Williamsville, New York) under Article 9-B of the New York Real Property Law dated 6th October 6, 1978, and recorded in the Erie County Clprk's Office on the day Of 6th October, 1978, and recorded in the Erie County Clerk's Office on the day of October, 1978 in Liber 8705 of Deeds at page 102 covering the propeity therein described. The land area of the property is described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Amherst, Cpunty of Erie and State of New York, being a part of Lot 75, Township 12, Range 7 of the Holland Land Company's Survey, bounded and described as follows: BEGINNING AT A POINT on the north line of Skinnersville Road 24.75 feet north of a point on the south line of Lot 75 and 350 feet easterly, as measured along said south line, form the southwest corner of said Lot; Thence easterly along the north line of Skinnersville Road 140.00 feet to the true point or place of beginning; Running thence easterly along the north line of Skinnersville Road 747.22 feet to the west line of land described in deed recorded in the Erie County Clerk's Office in Liber 3544 of deeds at page 164; 102° 37' 30" Thence northerly ata interio.r angle of and along the west line of lands described in deed recorded in Liber 3544 of Deeds at page 164 (which line is also the east line of lands described in deed recorded in the Erie County Clerk's Office in Liber 6581 of Deeds at page 379) 77132 feet; 77° 22' 30" Thence westerly at an interior angle of a distance of 405.87 feet; 89° 55' 00" Thence aoutherly at an interior angle of a distance of 78.45 feet; Thence westerly at right angles 521.93 feet; 89° Thence northerly at an exterior angle of 10', a distance of 166.29 fept; Thence westerly at right angles 120.00 feet; 3 of 4 FILED: ERIE COUNTY CLERK 08/24/2021 03:14 PM INDEX NO. 811747/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/24/2021 Thence southerly parallel with the west line of Lot 75 a distance of 705.28 feet to a point 140,00 feet north of the north line of Skinnersville Road; 89° Thence easterly at an interior angle of 15', a distance of 138.17 feet; Thence southerly at right angles, 139.00 feet to the true point or place of beginning. All capitalized terms herein which are not separately defined herein shall have the meanings given to those terms in the Declaration or in the By-Laws, of the Charter Oaks Condominium (said Declaration and By-Laws, as the same may be amended from time to "Declaration" "By-Laws" time are hereinafter referred to as the and the resliectively.) TOGETHER WITH the appurtenances and all the estate and rights of the Grantor in and to the Unit; TOGETHER WITH AND SUBJECT TO the provisions, benefits, rights, privileges, easements, burdens, covenants and restrictions of the Declaration on of the By-Laws of the Condominium recorded simultaneously with and as a part of the Declaration as the same may be amended from time to time by instruments recorded in the Office of the Clerk of Erie County, which provisions, together with any amendments theretp, shall constitute covenants running with the land and shall bind any person having at any time any interest or estate in the Unit, as though such provisions are recited and stipulated at length herein; TOGETHER with the benefits and subject to the burdens of other easements, agreements, rights-of-way and restrictive covenants of record, if any; 4 of 4