The Oneida Daily Dispatch, LEGAL NOTICE STATE OF NEW YORK SUPREME COURT : COUNTY OF MADISON NOTICE OF SALE Index No. 11-1896 ALLIANCE BANK, N.A., Plaintiff, -vs- JAMES M. BARRES, et al., Defendants. In pursuance and by virtue of a Judgment of Foreclosure and Sale duly granted by this Court and entered in the Madison County Clerk’s Office on the 14th day of January, 2013, I, the undersigned Referee, duly appointed in this action for such purpose, will expose for sale and sell at Public Auction to the highest bidder at the Lobby of the Madison County Office Building, Wampsville, New York on the 6th day of August, 2014 at 10:30 in the forenoon of that day, the mortgaged premises directed in and by said Judgment to be sold and in said Judgment described in “Exhibit A” annexed hereto. Property address: 9171 Snell Road, Canastota, New York 13032 Dated: June 26, 2014 Michel J. DeBottis, Esq. Referee RIEHLMAN, SHAFER & SHAFER Attorneys for Plaintiff 397 Route 281 PO Box 544 Tully, New York 13159-0544 (315) 696-6347 THE LAW FIRM OF RIEHLMAN, SHAFER & SHAFER IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM IS A DEBT COLLECTOR. EXHIBIT A - LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Lenox, County of Madison and State of New York, being part of Lot No. 1 of the Oneida Creek Tract, bounded and described as follows: Commencing in the west line of a 50 foot right of way and in the northerly line of State Highway No. 31, said right of way being on the former Dorothy Snell property as deeded to her by Ernest Giffs; thence N. 2º 00’ E., a distance of 2606.5 feet along and on the west line of said 50 foot right of way to the place of beginning; thence continuing N. 2º 00’ E., a distance of 80 feet to the south line of an east-west 25 foot right of way on said tract; thence N. 88º 00’ W., on the south line of said east-west right of way a distance of 100 feet; thence S. 2º 00’ W., a distance of 80 feet to a point; thence S. 88º 00’ E., a distance of 100 feet to the place of beginning of the premises hereby conveyed; containing within said bounds the above described premises, by the quantity of land more of less. This conveyance is made and accepted subject to the restrictive covenants of record running with the land. Also conveyed is the right to the use of the rights of way on said tract, subject to the use of other owners for the purpose of ingress and egress from New York State Route 31 to the south shore of Oneida Lake and the property herein being conveyed. Being a part of the premises conveyed to Sgarlata and Barres by warranty deed dated July 28, 1971 and recorded in the Madison County Clerk’s Office July 30, 1971 in Liber 658 of Deeds at page 100. ALSO BEING the same premises conveyed to James Barres and Virginia Barres by warranty deed dated December 16, 1971 and recorded in the Madison County Clerk’s Office on December 20, 1971 in Liber 661 of Deeds at page 131. ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND, situate in the Town of Lenox, County of Madison and State of New York, being part of Lot 1 of the Oneida Creek Tract, bounded and described as follows: Commencing in the west line of a 50 foot right of way and in the southeast corner of the premises heretofore conveyed to James Barres and Virginia Barres by warranty deed dated December 16, 1971 and recorded in the Madison County Clerk’s Office, December 20, 1971 in Liber 661 of Deeds at page 131, thence N. 88º 00” W., a distance of 100 feet along and on the southerly line of the premises described in the aforementioned deed; thence S. 2º 00” W., a distance of 80 feet to a point; thence S. 88º 00’ E., a distance of 100 feet to the west line of the 50 foot right of way leading northerly from State Highway No. 31 to the south shore of Oneida Lake; thence N. 2º 00’ E. a distance of 80 feet to the place of beginning of the premises hereby conveyed, be the quantity of land more or less. This conveyance is made and accepted subject to the restrictive covenants of record running with the land. There is also conveyed the right to the use of the rights of way located on said tract subject to the use of other owners for the purpose of ingress and egress from New York State Route No. 31 to the south shore of Oneida Lake and to the property hereby conveyed. Being a part of the premises conveyed to Sgarlata and Barres by warranty deed dated July 28, 1971 and recorded in Madison County Clerk’s Office July 30, 1971 in Liber 658 of Deeds at page 100. Being the same premises conveyed to James Barres and Virginia Barres by warranty deed dated May 30, 1974 and recorded in the Madison County Clerk’s Office on June 3, 1974 in Liber 679 of Deeds at page 32. All premises and rights conveyed being the same premises conveyed to James N. Barres by James Barres and Virginia Barres by warranty deed dated March 13, 1986 and recorded in the Madison County Clerk’s Office on March 17, 1986 in Liber 813 of Deeds at page 276. Being the same premises conveyed by James M. Barres to James J. Barres by warranty deed dated November 23, 1993 and recorded on March 14, 1994 in the Madison County Clerk’s Office in Book of Mortgages 986 at page 114. ALSO CONVEYING any and all rights to a right of way from the property located in the Town of Lenox and purchased from Donald J. Fitzgerald (by deed dated January 29, 1980 and recorded on January 29, 1980 in the Madison County Clerk’s Office at Book 719 of Deeds at page 471) to a road commonly known as Snell Road. This right of way has commonly been described as a 25-foot strip of land intersection with Snell Road and lying to the west of Snell Road, with its northerly boundary being 230± feet from the shores of Oneida Lake. Being the same right of way conveyed to James M. Barres by quit claim deed dated March 3, 1986 and recorded in the Madison County Clerk’s Office on March 17, 1986 in Liber 812 of Deeds at page 283. Being the same premises conveyed by James M. Barres to James J. Barres by Warranty Deed dated November 23, 1993 and recorded March 14, 1994 in the Madison County Clerk’s Office in Book of Deeds 986 at page 107. Being the same premises conveyed to Virginia M. Barres and James M. Barres by Warranty Deed dated March 2, 2000 and recorded in the Madison County Clerk’s Office in Book 1153 of Deeds at page 159. Being the same premises conveyed to James M. Barres by Virginia M. Barres by Quit Claim Deed dated October 21, 2004 and recorded in the Madison County Clerk’s Office October 22, 2004 in Book 1316 of Deeds at page 165.
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