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HomeMy WebLinkAboutEasement Agreement *411510490EASQ Control Number WIID Number Instrument Type 411510490 2001151-000225 EAS TAR �o WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE (THIS PAGE FORMS PART OF THE INSTRUMENT) 3 *** DO NOT REMOVE SEAti THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT EAS - EASEMENT FEE PAGES 37 TOTAL PAGES 37 RECORDING FEES MORTGAGE TAXES STATUTORY CHARGE $5.25 MORTGAGE DATE RECORDING CHARGE $111.00 MORTGAGE AMOUNT $0.00 RECORD MGT. FUND $4.75 EXEMPT RP 5217 $0.00 TP-584 $5.00 YONKERS $0.00 CROSS REFERENCE $0.00 BASIC $0.00 MISCELLANEOUS $0.00 ADDITIONAL $0.00 SUBTOTAL $0.00 TOTAL FEES PAID $126.00 MTA $0.00 SPECIAL $0.00 TRANSFER TAXES CONSIDERATION $0.00 TOTAL PAID $0.00 TAX PAID $0.00 SERIAL NUMBER TRANSFER TAX# 30675 DWELLING RECORDING DATE 06/21/2001 THE PROPERTY IS SITUATED IN TIME 09:57:00 WESTCHESTER COUNTY, NEW YORK IN THE: TOWN OF RYE WITNESS MY HAND AND OFFICIAL SEAL LEONARD N. SPANO Record&Return to: WESTCHESTER COUNTY CLERK GERARD ROMSKI ESQ ROSS & COHEN LLP 711 THIRD AVENUE NEW YORK, NY 10017 3 t�-Y F- GARDEN AND SCENIC EASEMENT AGREEMENT BY AND BETWEEN OLC/RBAG RYE BROOK, LLC AS GRANTOR AND THE VILLAGE OF RYE BROOK AS GRANTEE SECTION: 1 BLOCK: 15 LOT: 14.5 COUNTY OR TOWN: WESTCHESTER STREET ADDRESS: 24 RED ROOF DRIVE RYE BROOK, NEW YORK 10573 RECORD AND RETURN BY MAIL TO: Gerard Romski, Esq. Ross & Cohen, LLP 711 Third Avenue New York, New York 10017 0C.�5 . GARDEN AND SCENIC EASEMENT AGREEMENT MA AGREEMENT, made this day of AVA4, 2001 by and between OLCIRBAG Rye Brook, LLC, ("OLC") with offices at 585 Stewart Avenue, Garden City, New York 11530, Estelle and Stanley Berg residing at 2 Kings Park Drive, Rye Brook, New York 10573, hereinafter referred to as "Owner", and THE VILLAGE OF RYE BROOK, with offices at 938 King Street, Rye Brook, New York 10573, hereinafter referred to as "The Village". WITNESSETH: WHEREAS, OLC is the owner of the subdivision known as Blind Brook Estates; a 1 WHEREAS, OLC is under contract with Owner to sell to Owner the premises known as 24 Red Roof Drive, Rye Brook, New York, 10573, also know as and by tax rnap identification number Section 1, Block 15, Lot 14.5 and more particularly described in Exhibit "A" annexed hereto and made a part hereof(the "Owner's Property"); and WHEREAS, OLC,the Village and Owner desire that the disputes between the Village of Rye Brook and OLC related to (i) the facade of the house that was constructed on. Owner's Property by OLC and (ii) the deck that OLC will construct on Owner's Property, be finally resolved to the mutual satisfaction of the Village, OLC and the Owner; WHEREAS, in accordance with the April 11, 2001 Resolution of the Board of Trustees of the Village of Rye Brook, a copy of which is attached as Exhibit"B", OLC_and Owner are desirous of granting an easement to the Village and the Village is desirous of accepting said easement over a portion of the Owner's Property in strict accordance with the terms and conditions hereinafter set forth; #26839v8-EASEMENT AGREEMENT- BERG.wpd I I i NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein the parties agree as follows: 1. OLC represents that it is the present owner in fee of the Owner's Property described on Exhibit "A" annexed hereto and does hereby grant a garden and scenic easement, as more particularly described herein, in favor of the Village over a portion of the Owner's Property as described in Exhibit "C" annexed hereto and made a part hereof (hereinafter the "Property Covered by the Easement".) 2. It is agreed by and between the parties hereto that the Property Covered by the Easement shall hereinafter be used for no purpose other than as a garden and scenic area containing grass, trees, plants, shrubs, flowers, etc, and a drip irrigation system. (A copy of the March 14, 2001 Landscaping Plan approved by the Village is attached as Exhibit"D"). The Property Covered by the Easement shall not be materially changed by the Owner except as set forth below. The Village shall not enter upon the Property Covered by the Easement, except for the'purposes set forth herein and as otherwise required by law, it being the intent of the above that the appearance of the Property Covered by the Easement shall forever be maintained in substantial compliance with the landscaping plan attached as Exhibit "D" as same may mature. Notwithstanding the above, the Owner, or any subsequent owner of the Owner's Property, shall be entitled to plant additional grass, trees, plants, shrubs, flowers and similar items to further enhance and beautify the Property Covered by the Easement. This Easement shall not relieve the Owner, or any subsequent owner of Owner's Property, of any obligations under law for property maintenance. 3. OLC has contracted with a reputable Landscaper to install, in accordance with the March 14, 2001, Landscaping Plan approved by the Village and attached as Exhibit"D", various grasses,trees,plants,shrubs, flowers, etc. on the Property Covered by the Easement #26839v8-EASEMENT AGREEMENT- BERG.wpd 2 (the "Improvements"). OLC has also agreed to engage a reputable Landscaper (the "Landscape Contractor") to provide Maintenance to the Improvements (as defined below) for a five (5) year period, commencing on the date of completion of the Improvements. 4. Owner, and any subsequent owner of the Owner's Property, shall water the Improvements in accordance with the directions provided by Contractor and as permitted by law by use of the drip irrigation system previously installed on-the Property Covered by the Easement by OLC. Owner, and any subsequent owner of the Owner's Property, shall maintain said drip irrigation system. 5. Owner, and subsequent owners of the Owner's Property, agree to provide the Contractor with access to the Property Covered by the Easement so that the Contractor can provide Maintenance to the Improvements. 6. "Maintenance" shall mean the fertilizing, pruning and spraying and f replacement of any grass, trees, shrubs and flowers, which has died or substantially deteriorated. It being the intent of the above that the Improvements shall be maintained in substantial compliance with the landscaping plan attached as Exhibit "D" as same may mature. Replacements shall be made with like-kind equivalent plants. 7. After expiration of the 5 year period in paragraph 3 in which the Landscape Contractor will be maintaining the Improvements,the Owner shall perform the Maintenance of the Improvements until such time as Owner shall convey the Owner's Property to person(s) or an entity not associated with Owner. Upon such conveyance the new owner of the Owner's Property may provide and/or perform the Maintenance to the Improvements. The foregoing shall not relieve the new owner from the obligation to permanently maintain and utilize the drip irrigation system and to refrain from cutting down,removing or damaging 926839v8-EASEMENT AGREEMENT- BERG.wpd 3 the Improvements. 8. After the expiration of the 5 year maintenance period in paragraph 3 in which the Landscape Contractor will be maintaining the Improvements and upon the failure of the owner(s) of the Easement to perform the "Maintenance" of the Improvements, the Village shall be entitled, but not obligated, after providing the said owner with a written seven (7) day Notice to Maintain, to enter upon the Property Covered by the Easement and provide Maintenance to the Improvements, at the Village's expense. Access to the Property covered by the Easement shall be permitted only to the extent reasonably required to provide Maintenance to the Improvements. 9. This Easement shall run with the land, shall be binding upon and enforceable against all subsequent owner(s) of the Owner's Property and shall be for the benefit of the Village.. 10. This Easement has been entered into and is to be substantially performed in the State of New York and shall be governed and construed and enforced in accordance with the laws of said State of New York. 11. All notices, requests, demands and other communication hereunder, shall be in writing and shall be deemed to have been duly given if delivered by hand or mailed Certified or Registered or overnight mail with postage paid to the owner(s) of the Owner's Property at 24 Red Roof Drive, Rye Brook,New York 10573, or the Village at Village Clerk 938 King Street, Rye Brook, New York 11530. Notice of any change should be provided in accordance with this provision. 12. This Easement sets forth the entire agreement and understanding between OLC ##26839v8-EASEMENT AGREEMENT- BERG.wpd 4 and owner as to the subject matter hereof,and merges and supercedes all prior discussions, agreements and understandings of every and any nature between them,and no party shall be bound by any condition,defmition,warranty,orrepresentation,other than expressly set forth or provided for in this Easement,or as may be,on or subsequent to the date hereof,set forth in writing, signed by the owner(s)of the Owner's Property and OLC. 13. The obligations set forth in this Easement shall be binding on OLC immediately and shall be binding on a new owner to whom OLC shall convey the Property Covered by the Easement upon the conveyance of such property to the new owner. IN WITNESS WHEREOF,this Easement has been executed by the parties hereto as of the date first above written. OLC AG BROOK, L.L.C. By: Name: Ale Title: Vim; VILLAGE OF RYE BROOK Nam :rieAN�T r-1 11 j"OSC4 . Title: m 4y ESTELL BERG STANLEY BERG 926839v8-EASEMENT AGREEMENT-BERG.wpd 5 and owner as to the subject matter hereof, and merges and supercedes all prior discussions, agreements and understandings of every and any nature between them, and no party shall be bound by any condition,definition,warranty,or representation,other than expressly set forth or provided for in this Easement, or as may be, on or subsequent to the date hereof, set forth in writing, signed by the owner(s) of the Owner's Property and OLC. 13. The obligations set forth in this Easement shall be binding on OLC immediately and shall be binding on a new owner to whom OLC shall convey the Property Covered by the Easement upon the conveyance of such property to the new owner. IN WITNESS WHEREOF, this Easement has been executed by the parties hereto as of the date first above written. OLC/RBAG RYE BROOK, L.L.C. By: Name: Title: VILLAGE OF RYE BROOK By: 4 Z_ _."�_,I z: ��,� Name: (-,rek n c"-5 1 4 gas k., Title: m,9 I a7_ ESTELLEBERG STANLEY BERG #26839v8-EASEMENT AGREEMENT- $ERG.wpd 5 STATE OF NEW YORK } ) SS" COUNTY OF WESTCHESTER . ) On the.Z4r h' day of Ain the year 2001 before me, the undersigned, personally appeared 9LK __,personally known tome or proved tome on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public GERARD ROMSIa STATE OF NEW YORK ) 11 Public,State of New York No.41-4915338 Cu~in Westchester County S S.: O mmisskm Expires November A ,o a COUNTY OF WESTCHESTER ) On the f ,-4 a day of M&y in-the year 2 00 1.before me, the undersigned, personally appeared k h a-,s IG" personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public JANE KANNING Notary Public, State of New York 926839v8-EASEMENT AGREEMENT- BERG.wpd.. 6 No. 5062305 ouaitfied in Westchester CountY Commission Expires June 24,:I� i Gof,Aec'o'cu+- STATE OF NEW- 1� ) )SS.- COUNTY OF f;,412r1et-D On the a6 day of „'/ , in the year 2001 before me, the undersigned personally appeared ESTELLEBERG personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. C .Notary Public DAVID A. CARBONE STATE OF ) NOTARY PUBLIC = MY COMMISSION EXPIRES MAR.31,2006 - )S.7.. COUNTY OF _ �} - F"/Q'Ijer�1 k1-D On the 2-4 day of A r in the year 2001 before me, the undersigned personally appeared STANLEY BERG personally known to me or proved to me on the basis of satisfactory evidence to be the individual 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,individualacted, executed the instrument. Notary Public #26839v8-EASEMENT AGREEMENT- BERG.wpd DAVIQ A. CARBONS NOTARY PUBLIC MY COMMISSION EXPIRES MAR.31,2006 z .r.aa E.Xlll IT A �J VV LI VVJ 5UM' BY BOSS & tr0iilwN 2fl3 ?9! 8860;# 4/ 6 MAY 7-° c'00} 03:07P FRCIM.eL.IKI MCM CZINS 91A 935 0S94 TO;121aa7a®334 P:1/2 +M1ia�NAw LOT No_ 5 DESCEWpION All that 08rtain lvt. pi®ee or pamel of land situate, " find t>eing In ft lrigage Of Rye Brook. Town of Rye, County of Wefvltester, and Stale of Newyork. Said parcel being lot No. Ig as shown on ii certain map Iliad In the Westchester County Claries OMO@, DIVIblon of LwW Recor", as Map No, 26286. Said paroel being more particularly bounded and Mmodbed ae forlowa: BEGINNING at a point on the northerly aide of Betsy Brown Road where the $amr3 Is intersected by the soudWmsteriy comer of Lot No. 5 as shown on 8 certarn map fled In the Westchester County CterwS Offloe, [Nvinion of Land 1`116 08.a$Map No.26266. THENCE northerly along the westerly We of Lot No. s H. 150 31, 01aw. 193 . 00 Feet to a corner, and a point oa the right-of-'rKrsFy lire Of Red Root 'Drive, at which point the radius of a curve bears S. 131, 13 , 13a E. to the center; THENCE northerly along the right-of-way line of Iced Roof Drive. On a curve to the right having a radlu■ of 25. 00 Feet and a central Angle of 48a 06, 52 for 20. 99 Feet, to a Point of xever$e curvature. . On a curve to the loft having a radius of 60.00 beet and a Central Angle of 65° 49' 23 for 68.93 Feet, to the northeasterly corer Of Lot No. S . THENCE southadyr along the 88sterfy We of t.at No. 5 G 340 la• 167. 925 Feet To a hon•tangerd Interserdon at ttte end of a curve c onnedIng 4he westerly Wds Of Ridge StMOt with the northerly side of Softy Brown Road; THENCE westerly along said curve: On & ra4i.us Of 30.04 Feat area a Cent'r&j Angle Of 65" 32' 20-1 for 34. 32 Feet to a point of tangency; THENCE wnterly along the northerly aide of Betty Brawn Road: 5 870 06, 20*W. 113_24 Feet To the pn(rrt or place of beginning. The Orbs er J.W. ch w m wt N*Mh eia"aww's�zs Wh is kew York soon PU NO, o� °""+ia leftem F:x�sun�raS 05/09/01 WED 18:21 1TX/RK y0 88421 Exhibit "A" Lot No. 5 as shown on a certain map filed in the Westchester County Clerk's Office, Division of Land Records, as Map"No. 26266 I APR-25-2001 12::36P FR0M:9LI,4D BROCK COOS 914 9?5 e554 TO. 12122704421 F: 1-�1 ia2g' Nog 7S'20-E 1.r�02' � � 11a.995' 99.41 1 r OTYD-2OE 211.40' ------------ Cif p -• � ZA rru ri 'Ito � �g 1M t a L5 %a . � y ti : �u � yrK 06 0 COD y ► GIt ¢ ti ,S " y h tib Ai 91 ,�. i 1 N 4 �8 r 4p14 tA N1 00 V%Ila a , Q 4z qi ZA Or ais•� ti cm !�E ICAjr. rb 295. ti ` r O E.t?S s MIDGe Qi4 fA�r,4 �QR77.r c � , i RESOLUTION RED ROOF FARM SUBDIVISION LOTS 14.3, 14.4 AND 14.5 CLARIFICATION AND/OR MODIFICATION SUBDIVISION APPROVAL AND PLAT RESTRICTIONS WHEREAS,on June 23, 1998 the Board of Trustees of the Village of Rye Brook approved the preliminary subdivision plat for the Red Roof Farm Subdivision,now known as Blind Brook Estates, subject to certain conditions, including,but not limited to, the following: c. No accessory building wall, fence or other permanent structure shall be permitted in the rear yards of Lots 3,4,and 5 along North Ridge Street or Betsy Brown Road. e. No facade of a principal dwelling on Lots 3,4 and 5 shall exceed two (2)stories in height;and WHEREAS,on September 3, 1998 the Board of Trustees of the Village of Rye Brook granted final subdivision approval for the Red Roof Farm Subdivision,subject to certain conditions,including,but not limited to,the following: 6. No building permit shall be issued for the construction of a residence on any lot in this subdivision,until the applicant demonstrates that all common driveway easements and restrictive covenants identified in the preliminary subdivision approval resolution have been executed and recorded in the Office of the Westchester County Clerk, contemporaneously with the filing of the plat, satisfactory to the Village Attorney. 8. The applicant shall submit final common driveway easement and restrictive covenants identified in the preliminary subdivision approval resolution which shall be subject to the approval of the Board of Trustees as to substance and subject to approval of the Village Attorney,as to form. The common driveway easement, including vehicle turnaround area.and restrictive covenants shall thereafter be executed by the property owner and recorded in the Office of the County Clerk contemporaneously with the filing of the subdivision plat; and WHEREAS,the Red Roof Farm Subdivision Plat.filed in the Office of the County Clerk as Map No. 26266,included certain notes,including,but not limited to, the following: 3. No accessory building,wall,fence or other permanent structure shall be permitted in the rear yards of Lots 3,4 or 5 along North Ridge Street or Betsy Brown Road. 12 No facade of a principal dwelling on Lots 3,4 or 5 shall exceed two (2)stories in height;and WHEREAS,a Declaration of Restrictive Covenant dated November 23, 1998 was also recorded,binding on successors and assigns,which provided that certain lots shall be forever,held,leased,transferred,conveyed,mortgaged, encumbered,occupied and possessed, subject to restrictions and covenants set forth above-,and WHEREAS,on or about November 9,2000 the Building Inspector of the Village of Rye Brook issued notices of violation for Lots 14.4 and 14.5 alleging that the construction of a deck structure in the rear yard violated note 3 of the filed subdivision plat,and that the construction of houses violated the height restriction of note 12 of said plat;and WHEREAS,thereafter OLC/RBAG Rye Brook,LLC made a conditional subdivision application to the Board of Trustees for clarification and/or modification of said plat and,in connection therewith,presented a remedial"landscape I plan dated March 14,2001 prepared by Charles Turofsky P.C., Landscape Architects, 5 Bly Court,Great Neck,New York 11023,consisting of 2 sheets labeled R-1 and R-2 (hereinafter"remedial landscape plan"),and WHEREAS,OLC/RBAG Rve Brook LLC has also instituted an Article 78 proceeding challenging the notices of violation,and WHEREAS,on February 27,2001 a presentation was made to the Board of Trustees concerning the remedial landscape plan,during which the attorney for the applicant assured the Board of Trustees that the tops of the Douglas Firs to be planted near the proposed decks would at least reach a height equal to the top of the ! rail of the proposed decks,and this representation shall be deemed a part of the remedial landscape plan. NOW,THEREFORE,BE IT RESOLVED,that the application for clarification and/or modification of notes 3 and 12 of the Red Roof Farm Subdivision Plat,is approved subject to the following conditions: 1. As soon as practicable and not later than May 30,2001,OLCIRBAG Rye Brook LLCC("OLU)shall have planted and installed all of the landscaping as shown on and in accordance with the remedial landscape plan,which plan shall include a separate underground drip irrigation system for each of Lots 14.4(Lot 4)and 14.5 (Lot 5),each to be equipped with a timer mechanism,sufficient to provide the landscaping with a reliable, slow,steady and ample supply of water,all to the satisfaction of the Building Inspector. 2. The$1,750,000 surety bond previously posted by OLC to guarantee the construction of the subdivision improvements shall not be released or its amount reduced until all of the landscaping has been installed as set forth above. This shall not relieve OLC from compliance with other applicable requirements for the release or reduction of the bond. 3 The owners of Lot 14 4 and 14.5 shall not be prohibited from installing landscaping in addition to that shown on the remedial landscape plan, provided such additional landscaping does not interfere with the purpose of the remedial landscape plan,which is to provide an attractive permanent visual buffer and scenic vista at a major intersection in the Village. 4. The owners of Lots 14.4 and 14.5 shall each permanently maintain and properly utilize their underground drip irrigation system in accordance with the recommendations of the landscaper installing and/or maintaining such landscaping under the remedial landscape plan. Landscaping installed under the remedial landscape plan shall not be removed, cut down,or damaged by the owner of the lot on which it is located. The foregoing shall not preclude replacing dead or decayed plants with equivalent like-kind plants,or from removing or cutting down landscaping for important safety reasons,such as the removal of an overhanging or decayed tree limb The Building Inspector shall be notified prior to the removal of any tree. S. Certificates of occupancy shall not be issued for Lots 14.4 or 14.5 unless and until OLC shall provide proof,satisfactory to the Building Inspector,of its compliance with the following: a.That OLC has contracted with a reputable landscaper to plant and install all of the landscaping in accordance with the remedial landscape plan. Such contract shall be pre-paid. Such contract shall also provide for periodic and as needed maintenance, including fertilizing,pruning and spraying,as well as the replacement of landscaping which has died or substantially deteriorated with equivalent,like-kind plants,for a period of 5 years after installation and planting by the landscaper,and b. That a copy of this resolution shall have been provided to any new owner to whom OLC intends to convey Lots 14.4 and 14.5 in order to make them aware of the requirement to install and maintain landscaping i as set forth in the remedial landscape plan,as well as the Lot owner's other obligations under this resolution;and c. That a clarification and/or modification of the above-identified I ' i i " declaration of restrictive covenant, substantially in the form annexed hereto, shall have been executed,acknowledged,and recorded by OLC: and d. That a garden and scenic easement for Lot 14. 4 and 14.5, substantially in the form annexed hereto_shall have been executed. acknowledged and recorded by OLC or the owners of Lots 14 4 and 14 5,permanently authorizing.but not requiring the Village to enter upon the Lot for the purpose of maintaining the landscaping in 1 accordance with the provisions of the remedial landscape plan. The easement shall not relieve the owner of any obligations under law for property maintenance or from any obligations under this resolution;and e. That OLC has offered in writing to extend landscaping along the perimeter of Lot 14.3's(Lot 3)rear yard similar to that shown as the bottom two rows of the remedial landscape plan,not inconsistent with i the landscaping installed on Lots 14.4 and 14.5,pursuant to a plan which shall be submitted to and approved by the Village's Planning Consultant. The owner of Lot 14.3 represents that an adequate sprinkler system has already been installed in the area on which the landscaping above is to be installed If the owner of Lot 14.3 agrees to allow the extension of landscaping as described above,and executes a I garden and scenic easement comparable to the easement described in "d"satisfactory to the Village Attorney and OLC,and executes a i clarification and/or modification as described in"c",OLC shall promptly install the landscaping at its cost. Upon such installation,the provisions of paragraph 6 shall apply to the existing height of the house and the existing deck on Lot 14.3. The existing retaining wall on Lot 14.3 may remain,and the violations shall be withdrawn by the Building Inspector. f That all litigation relating to the violations referred to in this resolution including the Article 78 proceeding commenced bearing index number 3433/01,shall be discontinued with prejudice without costs or attorneys fees or disbursements to any party and a release shall be provided satisfactory to the Village Attorney. Lot 14.3 shall be included in the discontinuance and release if the owner of Lot 14.3 elects to resolve the outstanding violations with respect to such lot as provided above in"e g. The requirements of this Condition are in addition to the irequirements of law for the issuance of a certificate of occupancy. 6. Subject to compliance with all of the provisions of Condition 5 above: a. One"step-down"deck structure extending not more than 12 feet from the rear wall of the presently constructed houses,may be constructed on each of Lots 14.4 and 14.5, substantially as shown on the remedial landscape plan,and shall be deemed to be in compliance with the subdivision plat including note 3 and the declaration of restrictive covenant; b. The currently constructed house on Lots 14 4 and 14.5 may remain and shall be deemed to be in compliance with the subdivision plat including note 12 and the declaration of restrictive covenant. 7. The Building Inspector is authorized to withdraw the notices of violation issued with respect to Lots 14.4 and 14.5 relating to house height and backyard decks with prejudice and may issue certificates of occupancy for said lots i provided all other requirements for the issuance of such certificate shall have been satisfied. 8. The Mayor is authorized to execute and deliver all documents i i _ � necessary or appropriate to accomplish the purposes of this resolution. 9. This resolution shall be binding on OLC and future owners.of Lots 14.4 and 14.5. V j AND IT IS FURTHER RESOLVED,that all applicable provisions, conditions and restrictions of the subdivision plat notes, conditions of subdivision JI approval and restrictive covenants,shall remain in full force and effect, except as j modified or clarified in this resolution. i I 5We of Ye£n 'Vorh &untg of Vretc4ester so.: Pillage of �Kue �Rrnak I hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of Rye Brook which was duly passed by said Board on April 11 Zp 01 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Village of Rye Brook,this IS day of 2001 ri op ra Y� Village Clerk . E SENT BY: 5- 9- 1 - 4.17PM ROSS & MEN- 203 751 8860;9 S/ 6 I'if-,1"S-CrJv� . rJ•y.-T r TRLJI'i•OL 11tilJ GfcUlJl� a.IJ+u 71.r ?.:a � lu:1C1 G.,f L+Ji[IJ.]�1 1• :.3 3 EMCWT OCO LOT No. 5 DESCRIPTION OF EASEMENT TO BE CONVEYED M THE vaL1AoF,QF>fZ SRDOK All that oerlain lot, place or pa►ael of land Sftugt% WO aid left in the Village of Faye Brook, Town of Hye, County of Westchester, and State of New York same being an easemenL Said ees®mwd being Moro parftlarty bounded and described as foibws: BEGINNING at R point on the northerly sk% of Betsy Brown Road whum the same Is I11"rsealled by the southwesterly corner of L.ot No. a &a shown on a cefth map flied In the Wester County ClerKs Offleg, DlviWon of !„end Records. as Map No. 20266, THENCE northerly along the wfttsdy side of Lot No.S N.150 31 , 02''W, 72. 00 Peet: to a comer; THENCE easterly through Lot No. 5: U 799 2.1I 17"B. 115. 64 Feet f E To a point on the eas4teity side of Lot No.5; THENCE southerly along the easterly side of Lot No. 6 9 340 18, 45"B'. 80.00 Feet TO A non-tangent Intersection at I*and of a Guns eonnoWng the westerly side of Ridge Street with the norlherly side of Betsy Brown Road; THENCE westery along Bald curve: On a radius of 30. 00 beet and a Central. Angle of 550 32' 200 for 34 . 32 Feet to a Potnt of tivVency; THENCE wastorly along the northerly sld®of Betsy atom Woad: ! 9 $70 06. 10-w. 113.24 Feat TO the paint or PLRQ0 of begInnhng. Tho 4t11ov ar J,W.C4bM 101 Not ilraNm V• utm 2s Wh WIC I�rie.Nwr yUM FRo lb_ M b"FM0. 1 @Men 9,2001 F:7Cm1f�Daeoll-'38e�lLo�„�5 �IantiiagP.�aa,doc . D5/09/01 'n 16:21 tT%/RX NO B8421 _ _ --- - i J r .�+�+,'�'� _.ems•.-�.«�_. _. =�»� -r .. �.. - --� 1 EXHIBIT D Remedial Landscape Plan dated December 12, 2000, last revised on March 14, 2001, approved by the Board of Trustees of the Village of Rye Brook on April 11, 2001, prepared by Charles Turo Sky, P.C., Landscape Architects, 5 Bly Court, Great Neck, New York 11023, I consisting of 2 sheets labeled R-1 and R-2. For recording purposes, the two oversized sheets R-I and R-2 have been re-formatted and i reduced to 8 '/Z x 11 sheets which are attached. i ?L �N T L I Q:AN. O - `yEj b*1anchier[medensis S6o&low ' 3 Corms kousa lopmseu(logwood C T:1 Yj Cuprenorypmir leylnmdi lelatj(ypren -- hunuswolino dowerin a-m B46 d Nudolrugo mmlem Dolrglds fir ^.'�`NB F Tunipcas Caenensss Comyiet l'Srtta lWstyef . 2 f+A. ( %tseriu Campatta Pennisetum Alop—oides Dwarf Foumin Gros .- i CA: 40() FiRmclio- U Sf IRINGGtMr'WfSYi4IA s x '-4j^av��p Naw plant.Sunman shall ra goarantaed'to d+allra and in'rtporps¢'osLn for a period of two yews rol'owing aezapunr:by tlse Pane• Plant material found to be utealtty. dying or dmad within thls period.mall be reaared ad replaced in hied by the Contractor at no a we to the omen. �xIST1h1G Ni=W PLANT z VlS1AGE0F1C1�s1zvUk 3-,-0+Kero ' - -- --0LC/FF—ZA6. LI: GLh5 FIR To 6_ SIZED So Dr,,J g Title IldrriAL HSIGf ,l ATFLAKiI,* 2SMEDIAL - /I - SCR EEEH.r4CG OFTWe OF F E SLS. LANDSCAPE E�� TIZ� �z� I�� �-fp a r0'-l2r i•if.Su�3 5 S� 1RF PLAN I F m kWT ?. T� E'er. �FLMIV.IE ILs t i SC1 Es A--OLD m Ix-Sm t,2X7=0-`-:s>:a sic-482-2'n4Z3 S7�P 5'.la?e�.Ri. Charles turofsN P.C. 63 5r VILLACsE ADMelrSTKfiTLR �dl1�s�:ere �rChICQCts site plcnners Inter�ar Meslyners 6 blu :aurt•yrect nee:. mu vt ark-11023 `t"1e Ali*MN arr - f NEW r 10 CAPE Ilk r � e.re.ewn �i r y 1 Tj r -r"3�'�{ .0 s+ `' �',��- °�`�'",.r4.t'9'.irr!�,,, '� � y ;r yq•$w�fi �"+rt;j� * e, _ i l2'' r. ,^ i�k y'."yt��- .:..-:�� ��r����,�%�Q'='.•' T 'f..���M1„-.7y�.�7- ���s:5. w� � ,w� »ter. �+�il~.:iw� *-�.;�^: ti i ',`"c s'�," �b �vj,�t,• 'S .. I'' i r�+&�,. '[`' ,i 1.. '#� �"r f ,4+a tXr�.�. t: i+ ,�,�.t�' +,r rf». '� 'c 3s ' ►' t�' '�:._�`a!esa^'Qr.�y �•r a =r =n ��;. A ;• 211` xi ;. ' » _ .�.�'' '�i r +�y MSy�-�f,1 *+- � i►1T?�'� t 3�"`s � T t�.d'� '�a �.�--.� y 7�a: ':: � � ��� xyi}?�. t�'y t�7.4w�r.?. � f".�rL_ '"�Y L•�'.''+'L �"�, �jy► �`7� `�'` ��'a t -j... `w• �. `� ;. 1. 1 I I / go � • � i � � 00000' o 1-01 f I }��r VP �� r r, � SkE&r Z � 1A ' - J yl•i t' •1% r�:• -r 0 LC -R 5AC�l L 'L� ChofJ, tr es turou...: -. landscape arch�tiect� .•�:: 11 'J :�� .� - site planers Enterior designells 6tity court �9rot.nec� eui `a� A. i� g-�� ���� c�� �,...�. 77, hk' r; rr Jr TRU Al KG5 HT CAN l T`�k�ICA(r �1UlN �N �. ----- 4 r. ! rrr C S err, rrr r/r _ 11.. MEN Chi ii iii ■■M own - �..�1 Bosom .■■■■. - -- ■■■ iii � .one ! ! I! ■n■ i ■■M M■■M■■OMENS .._ ■a■ .0 ■■w 811101 ■ !. 1 .�1 -�. ■■n son_■■ _ � �-' -- �# iii ii�■i� i `gill iiai�er j 1�It•:'111: .t.al.M: � .r��_a':C /�.1A Jiti! �aC:� rTrj UEE 1 -rm r� an 6Tr=P;'EG LL - JI ' � r r ,i. IYI: f " i i�pfJ ch It, s i♦. rY.. CID N: N o P--7 H ' ; I Deciduous tray planting an slope. "N V � PITIT SCAL E ig'4 e5 REAR ELEV. .y 1 Fu68ER HOSE AT BARN •`-� GU! *WES 13) "ITE FLAG Ok EACH TO INCREASE ,�1 CORI+(R ()< `;1 'TSTY ;'TUFZ IiGHI GUY .HAis =i Itirl _C / V ORIG;hAL F�E:CIIi >'+Tun4L ;w:.r FINLLY t,4AP. C9ar�ER LW F:a.:{ r.v TO w AT W:E -- ANGLE [:i Rt �/ --- "S CjRCIf4AA .:.aC -,Il ii• Or SL Qi`C At. �`�--�--`— uULCH: ;0A bARK L. 0.40 CH.PS 75r-m (3') UN, -Ul j R _ Cul TnE ROF� FQRu(L1 SAUCER (USE TOPSOIL) Jr ic*,1/3 Or NIGLE Li k( 'OSE v:ReES wdi, Slt[PkfSSMAIERJAL Or SLOPE AjiU SI.)7L T,PC. t' GENTLY Co)tp- wODO SI;AiE> (3) ❑ __ -�• ULi•LD (.G2 1 --- ffUPES Ai 1L]P CAF frLL :tip., �f _"'. REu'Y4 [ .` jI�1.:. TOP 1/3 GF [3URLAP N.h-lY:jLf;nabkisLE LATERf:.L L `-A^ L BE 1UI4LY kt MO,C0 [ I D SUBSOIL 70 FOAM PiGFS14 10 PREVENT ' II - =iT IL 90 YJa, •t ball height at slope plane,and build large saucer with tamped earth.Cuy it windy Shrub planting-on slope- ball and burlap. Place roof crown R 1 ti s 6..4 - REAR ELEVATION . .)CALF, 1ECOLOOY MIX Designed for ecob "4 fragile s4es who 16rtitiiers ani discouraged or Dinned.IdC slopes and minimal maintenance areas, SM Fiaiiant 11 Hard Faocw lox. Jamestown 11 ClwwingS f RATE: 170 bs per acre r SEASON: April t -May 31 / August 16-October IS / AREAS: Stapes and Minimal Mar CURH{R OF.ROOT sys'EN 10 6i AT Lu.E ArL'w C,F URiGdaAL GRADE rlk uLY COuaA[ICD SMiCfR (USE 10+'SG4). EA. ` ANGLL L:i REPOSE VAR+ES WITH "1Lt?-1.fSS OF SLC,'E AHD SOFL TYPE. 27295 25 lb.bag $69.60 CUT THE ROPES AT TOP OF BALL: RrrOrE TC4, 1/3 OF ILLOKAP, HON-LAK"CRADAULF UAIERiY SHALL BE TOTALLY RIM0.10 a GLrL11r CoL6aAcTEO TOP50+L 6nxT11Rl. 3W. (12 ) aLL LROUNO BALL. uJJ - TAir,•LO +LlLr.ATVRE BACMFILL ORNAMENTAL GRAS: H _ UNaW►n via►ubps to Product a drwmab WEEPING LOYEORASS Needs adequate town to develop.Opan aF line tartars.Aeorei fun iun.Attractive I Me sunvw. mah"r&Vft a-for :- ball and burlap. Place rood crown at slope plane. Tamp saucer rim and add mulch O CO N RIC-AIT SIDE ELEVATION goe siwes where use cit bamod.(deal fay 1M11i1OM Trice areas,sun a shade. aid Few 111 ChewkVs Fescus. acre ty 31 OCI" IS MM'�U11d1 AAA1f11ef1aflCe - EA. 1o+ $69M $65-00 TAL GRASS `txv s drWnatic WSIW elrad. elop.Open and arching form. n.Attrac ive form IWOughOut I