FILED: WESTCHESTER COUNTY CLERK 09/08/2015 01:26 PM INDEX NO. 59999/2015 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/09/2015 SUPREME COURT: STATE OF NEW YORK WESTCHESTER COUNTY -FRA.Ncfs-M. - -c A EsA.R <liisa.-n - c-iis A if-------, Plaintiff( s ), -against- US BANK NA solely as trustee of the J.P. Morgan Alternative Loan Trust 2007-A2; HSBC BANK USA NA solely as trustee of the JP. Morgan Mortgage Trust 2007-A2; and CITIBANK NA Defendant( s). i j NOTICE OF PENDENCY OF ACTION Index No.: 59999-2015 NOTICE IS HEREBY GIVEN that a quiet title action has been commenced and is pending in this Court upon a complaint of the above named Plaintiffs against the above named Defendants pursuant to Article 15 of the New York Real Property Actions and Proceedings Law to cancel and discharge, with respect to the property located at 19 Hayrake Lane, Chappaqua, New York, 10514, Section 92.7, Block 2, Lot 10 in the Town of New Castle (herein the "Premises") the following mortgage purportedly held by the defendant HSBC Bank USA, NA, solely as trustee of the JP Morgan Mortgage Trust 2007-A2 and purportedly held by the defendant US Bank NA, solely as trustee of the JP Morgan Alternative Loan Trust 2007-A2: MORTGAGE: Mortgagor: Mortgagee: Francis M. Caesar and Lisa N. Caesar, Husband and Wife PHH Mortgage Services Amount: $2,155,000.00 Dated: January 22, 2007 Recorded: February 22, 2007 Control No.: 470370535 ASSIGNMENT OF MORTGAGE: (1) Assignor: PHH Mortgage Services Assignee: Mortgage Electronic Registration Systems, Inc. Dated: February 26, 2007 Recorded: June 1, 2007 Control No.: 471500070 1
ASSIGNMENT OF MORTGAGE: (2) Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: US Bank NA as Trustee of the J.P. Morgan Alternative Loan Trust 2007-A2 Dated: January 20, 2011 Recorded: March 22, 2011 Control No.: 510763503 And further to cancel and discharge, with respect to Parcel I of the Premises, the following mortgage held by Citibank NA: MORTGAGE: Mortgagor: Mortgagee: Francis M. Caesar and Lisa N. Caesar Citibank, N.A. Amount: $295,000.00 Dated: October 23, 2008 Recorded: November 10, 2008 Control No.: 483080306 NOTICE IS FURTHER GIVEN that the Premises affected by said quiet title action, at the time of the commencement of said action and at the time of the filing of this notice, was situated at 19 Hayrake Lane, Chappaqua, NY 10514, the County of Westchester and the State of New York, and is more particularly described on the Schedule A appended hereto, expressly being and intended to be the same premises as conveyed to the party of the first part by deed from John Mangialardi, Esq., Referee dated May 4, 2006 to and recorded on October 11, 2006, in the Westchester County Register's Office in Control Number 462640608). Dated: Chappaqua, New York September 9, 2015 Francis Plaintifj ro e 19 Hayrake ane Tel: 914-772-7635 2
SCHEDULE A -- DESCRIPTION OF PREMISES PARCELi ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being in the Town of New Castle, County of Westchester and State of New York which is more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Sunset Drive as shown on a certain Map entitled, "Section No. 1, Map of Roaring Brook Farms, in the Town of New Castle, Westchester County, New York", made by Harold F. Campbell, Surveyor, July 6, 1953 and filed in the Office of the Westchester County Clerk, Division of Land Records formerly Register's Office of Westchester County, New York, on October 7, 1953, as Map No. 8442, which point of beginning is distant 974.59 feet Easterly as measured along the Southerly side of Sunset Drive as shown on said Map from the Easterly end of a curve having a radius of 25.00 feet and a length of 25.99 feet, connecting the Southerly side of Sunset Drive with the Easterly side of McKesson Hill Roads; THENCE RUNNING from said point of beginning Easterly, along the Southerly side of Sunset Drive on a curve to the left having a radius of 37.50 feet, a central angle of 49 degrees 56 minutes a distance of 32.68 feet to lands now or formerly of Frank W. Shelton, Jr. and Jean C. Shelton; THENCE RUNNING in an Easterly direction part of the way along said lands of Shelton, South 78 degrees 00 minutes East 405.16 feet to other lands of Stuart L. Bradley, John A Swiefel and Patrick Prendergast; THENCE RUNNING in a Southerly direction along said lands of Stuart L. Bradley, John A Swiefel and Patrick Prendergast, South 5 degrees 30 minutes 00 seconds West 461.63 feet to a point; THENCE RUNNING in a Westerly direction, and still along other lands of Stuart L. Bradley, John A Swiefel and Patrick Prendergast North 84 degrees 30 minutes 00 seconds West 469.37 feet to a point; THENCE RUNNING in a Northwesterly direction and still along said lands of Stuart L. Bradley, John A Swiefel and Patrick Prendergast, North 52 degrees 00 minutes West 68.00 feet to a point; THENCE RUNNING in a Northeasterly direction, along other lands of Stuart Bradley, John A Swiefel and Patrick Prendergast herein and lands now or formerly of Clementine Anita Mclirevey, North 26 degrees 36 minutes 20 seconds East 187.74 feet and North 26 degrees 15 minutes 20 seconds East 229.22 feet to a point; THENCE RUNNING in a Northwesterly direction, and still along said lands of Mclirevey, North 32 degrees 37 minutes 45 seconds West 86.22 feet to the point or place of BEGINNING. TOGETHER with an easement 15 feet wide in common with others for ingress and egress of all types of travel, running in a Westerly direction across other lands of Stuart L. Bradley, John A Swiefel and Patrick Prendergast, from the Southwesterly corner of the above premises to Wolf Hill Road, the corner of which is described as follows: BEGINNING at a point at the Southwesterly corner of the above described premises and running in a general Westerly direction the following courses and distances: Due West 31.04 feet; THENCE on a curve to the right having a radius of 34.00 feet, a central angle of 8 degrees 21 minutes 40 seconds a distance of 136.30 feet to a point of tangency; THENCE North 81 degrees 38 minutes 20 seconds West 96.60 feet; THENCE North 82 degrees 55 minutes 00 seconds West 171.80 feet to a point of tangency; THENCE on a curve to the left having a radius of 649.30 feet a central angle of 15 degrees 47 minutes 00 seconds a distance of 178.86 feet to a point of tangency; THENCE South 81 degrees 18 minutes 00 seconds West 117.29 feet to a point of tangency; THENCE on a curve to the left having a radius of 2957.98 feet, a central angle of 6 degrees 13 minutes 00 seconds a distance of 320.94 feet to the Westerly terminus of said easements. (Continued on Next Page) 3
DESCRIPTION OF PREMISES (Continued) PARCEL II ALL that certain plot, piece or parcel of land, in the Town of New Castle, County of Westchester and State of New York, which is more particularly bounded and described as follows: BEGINNING at a point on the turn-around on the Easterly side of Hayrake Lane as shown on a certain map entitled, "Section No. 4, Map of Roaring Brook Farms, in the Town of New Castle, Westchester County, New York" made by Harold F. Campbell, Surveyor, dated August 24, 1955 and filed in the Office of the County Clerk Division of Land Records, formerly Register's Office of Westchester County, New York on April 6, 1956 as Map No. 10454, which point of beginning is distant 977.78 feet Easterly as measured from the Easterly end of a curve having a radius of 25.00 feet and a length of 56.16 feet, connecting the Northerly side of Hayrake Lane with the Easterly side of McKesson Hill Road; THENCE RUNNING along lands now or formerly of Lauder due East 31.04 feet to lands of Lawrence Alton Savarese and Marie C. Savarese, his wife; THENCE RUNNING along the last mentioned lands, South 52 degrees 00 minutes East 68.00 feet and South 84 degrees 30 minutes 00 seconds East 356.58 feet to other lands of Stuart L. Bradley, John A. Sweifel arid Patrick Prendergast; THENCE RUNNING in a Southerly and Westerly direction along said lands of Stuart L. Bradley, John A. Sweifel and Patrick Prendergast the following three courses and distances: South 36 degrees 23 minutes 30 seconds West 46. 70 feet; South 22 degrees 30 minutes 45 seconds West 179.80 feet; and North 84 degrees 30 minutes 00 seconds West 295.96 feet to lands now or formerly of Goldstine; THENCE RUNNING along the last mentioned lands, North 22 degrees 28 minutes 50 seconds West 104.36 feet, North 20 degrees 55 minutes 05 seconds West 55.02 feet, and North 24 degrees 02 minutes 35 seconds West 55.02 feet to a point on the Southerly side of Hayrake Lane as shown on the aforesaid filed map; THENCE RUNNING on a curve to the left, having a radius of 37.50 feet, and a central angle of 97 degrees 33 minutes 13 seconds a distance of 63.84 feet to the point or place of BEGINNING. TOGETHER with.an easement for ingress and egress 7 1/2 feet in width running in an Easterly direction from the Easterly side of Hayrake Lane to the Westerly side of the premises of Lawrence Alton Savarese and Marie C. Savarese, his wife, the Southerly line of said Easement being the first mentioned course and distance in the above described parcel. 4
SUPREME COURT: STATE OF NEW YORK WESTCHESTER COUNTY -:FRA.NcisM-:-cA.EsAR--an<lLlsA N.c.A isa:r.! Plaintiff(s), -against- US BANK NA solely as trustee of the J.P. Morgan Alternative Loan Trust 2007-A2; HSBC BANK USA NA solely as trustee of the JP. Morgan Mortgage Trust 2007-A2; and CITIBANK NA Defendant( s). Index No.: 59999-2015 TO THE CLERK OF WESTCHESTER COUNTY: You are hereby directed to index the within Notice of Pendency of Action to the names of the defendants herein, and the number of each block on the land map which is affected by this Notice is hereby designated as follows: Section: 97.2 Block: 2 Lot: 10 Town: County: Premises known as: New Castle Westchester 19 Hayrake Lane Dated: Chappaqua, New York September 9, 2015 Fran6 s M. Plaintif.J aesar, Esq. Se 19 Hayrake Lane Tel: 914-772-7635