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Control Number WIID Number Instrument Type
411510487 2001151-000225 EAS
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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 36 TOTAL PAGES 36
RECORDING FEES MORTGAGE TAXES
STATUTORY CHARGE $5.25 MORTGAGE DATE
RECORDING CHARGE $108.00 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 $123.00 MTA $0.00
SPECIAL $0.00
TRANSFER TAXES
CONSIDERATION $0.00 TOTAL PAID $0.00
TAX PAID $0.00 SERIAL NUMBER
TRANSFER TAX# 30672 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 ROSS & COHEN, LLP.
711 THIRD AVENUE
NEW YORK, NY 10017
3�
Ky
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: 14.4
COUNTY OR TOWN: WESTCHESTER
STREET ADDRESS:
26 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
w rr
GARDEN AND SCENIC
EASEMENT AGREEMENT
VA
AGREEMENT, made this f f day off, 2001 by and between OLCIRBAG Rye
Brook, LLC, ("OLC") with offices at 585 Stewart Avenue, Garden City, New York 11530,
Naresh and Geeta Nagia residing at The Westchester Marriott Residence Inn, 5 Barker
Avenue, Suite 1010,White Plains,New York 10601,hereinafter referred to as"Owner",and
THE VILLAGE OF RYE BROOK, with offices at 938 King Street, Rye Brook,New York,
hereinafter referred to as "The Village".
WITNESSETH:
WHEREAS, OLC is the owner of the subdivision known as Blind Brook Estates;
WHEREAS, OLC is under contract with Owner to sell to Owner the premises known
as 26 Red Roof Drive, Rye Brook, New York, 10573, also know as and by tax map
identification number Section 1, Block 15, Lot 14.4 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;
#26939v9-EASEMENT AGREEMENT-NAGIA.wpd
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
#26939v9-EASEMENT AGREEMENT-NAGIA 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
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
#26839v9-EASEMENT AGREEMENT-NAG1A.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 26 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
#26839v9-EASEMENT AGREEMENT-NAGIA 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,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/RBACROOK, L.L.C.
By:
Name: / led.
Title: S1
VILLAGE OF RYE BROOK
By:
Nam
Title: m
NARESH NAGIA
GEETA NAGIA
4268390-EASEMENT AGREEMENT-NAGIA.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:
Name: F-(2 pis r, 1,p�0s►�I
7
Title: y�ra 7
NARESH NA
CEETANAGIA
#26839v9-EASEMENT AGREEMENT-NAGIAwpd 5
i
'v
STATE OF NEW YORK }
) SS.:
COUNTY OF WESTCHESTER )
On the.ZL day of in the year 2001 before me, the undersigned,
personally appeared d n 1 1�G �/v,personally known to me or proved to me
on the basis ofsatisfactory 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.
Kota RARD ROMSKI
�'Gu buQ State of New York
NO.41-49i 5,33E
Qualified to Westche:3t-r eo,,.,ty Notary Public
Commission moires Novembei 30,2 Jamul
STATE OF NEW YORK )
) SS.:
COUNTY OF WESTCHESTER )
On the J��day of i9jj in the year 2001 before me, the undersigned,
personally appeared r, -( 71i42nOSL 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
#26839v9-EASEMENT AGREEMENT-NAGiA wpd 6 Notary Public, State of New YorkNo 5062305
CluaOied in Westchester County
Commission Expires June 24,_-21��
STATE OF NEW YORK }
)SS.:
COUNTY OF WESTCHESTER )
On the ]�day of in the year 2401 before me, the undersigned personally
appeared GEETA NAG 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.
G�GC1� r
Notary Public
MILDRED PINO
STATE OF NEW YORK Notary public, State of New York
No. 01 P15056255
Qualified in Bronx County
)SS.: Commission Expires March 4,tea`
COUNTY OF WESTCHESTER )
On thg27' day o in the year 2001 before me, the undersigned personally
appeared NARESH JJAGJA 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 individual acted,
executed the instrument.
Notary Public
MILDRED P1NQ
Notary public, State of New York
426839v9-EASEMENT AGREEMENT-NAGIA.wpd No. 01 P15056255
Qualified in Bronx County
Commission Expires March 4,�a`
EXHIBIT
A
klay-10-2001 00:02 From-SALOMON SAITH BARNEY +212-T83-2959 T-196 P.001/002 F-402
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LOT NO. 4 1DV-5QWF't"lCl W
Ali that cartain 1016 pleCo or peroal of lend situate, lying and being In the Wage
�$ per, Town of Aye, CaauntY Of Wfestchester. and Sties 4f New Yank. ,
pWCW belna Lot No. 4 as ,4hami an 8 COMO mW hied In the Westchaster
Courtly ae►wR; 4f*m, DivbIon of Land fleavrda6 as Map No, 26266. Saki
pancei being more paruc ule* bouruled and des;Wbed"follows:
BEGINNING at a port an the westerly side Di Ridge SUM11 nd*re the same Is
WOMCM by pre SOUVW eny oom8r of Lot No. 4 an shwAn on a main map
bled In the VyestdwtarCounty CUrWo Office, Division of Land Recaords,as Map
No.2820.
THENCE westerty egg the southery side Of Lot No 4.,
N.34" 18' 45-M. 181 -926 Feet SO a eo=e2rs aTA
a jpo iat an ttLe right-ef-way h one of Red Roe*
Drl vg, at which poixst the radius of a aurae
bea.rn S. 300 95' 45* E. Ssom r*bo Cent®r;
THENCE northerly along the right of %"y One of Red Roof Drove:
i
on o curve: to the Jett bavina a radius of i
60. 06 Fast =d a Central Angle of 620 04• is
for GS-00 Feet.
To the ntrrthwesterly corner of Lot No.4;
THENOE easterly along the northerly Side at Lot No, 4►
K 870 00, 03mS. 163 .38 Feet
To the westerly Sid of Ridge Stmeit and the noMea%ery gorier of Lot Nq,4;
THENCE swMady aJwv fire rmsWO slide of Ridge Street:
6 210 33 , 50'rW. 234. 915 Feet
To the point or puree of beginning.
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Exhibit"A"
Lot No. 4 as shown on a certain map filed in the Westchester County Clerk's
Office,Division of Land Records,as Map No.26266
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RESOLUTION
RED ROOF FARM SUBDIVISION
LOTS 14.3, 14.4 AND 14.5
CLARIFICATION AND/OR MODIFICATION
SUBDIVISION APPROVAL AND PLAT RESTRICTIONS
r
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.
S. The applicant shall submit final common driveway easement and
i 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
I 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 Rve 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
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 Rye 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 attornev
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 1T
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,OLC/RBAG
Rye Brook LLCC("OLC")shall have planted and installed all of the landscaping as
shown on and in accordance with the remedial landscape plan,which plan shad 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 dawn, 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.
5. 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
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
declaration of restrictive covenant, substantially in the form annexed
hereto, shall have been executed,acknowledged.and recorded by OLC:
! and
I 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
i14.5,permanently authorizing,but not requiring the Village to enter
upon the Lot for the purpose of maintaining the landscaping in
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
i
e. That OLC has offered in writing to extend landscaping along the
perimeter of Lot 14.3's(Lot 3)rear vard similar to that shown as the
bottom two rows of the remedial landscape plan,not inconsistent with
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
garden and scenic easement comparable to the easement described in
"d"satisfactory to the Village Attorney and OLC, and executes a
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
jattorneys 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
requirements 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
I 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
i 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 Mavor is authorized to execute and deliver all documents
i
necessary or appropriate to accomplish the purposes of this resolution.
9. This resolution shall be bindine on OLC and future owners of Lots
14.4 and 14.5.
AND IT IS FURTHER RESOLVED,that all applicable provisions,
conditions and restrictions of the subdivision plat notes,conditions of subdivision
approval and restrictive covenants,shall remain in full force and effect, except as
modified or clarified in this resolution.
I
I
Stutr of Nj!fT 'fork
Courrtt of Pestr4esier ss-:
Village of �Rge Prook
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 I A day of Apri 1 Cfi2U01
ri ophv jra Y Village"Clerk
B
may-iu-Zuui ua:uc rm-bALutrun sMlIM lbAMY +Z1z-?N-Z958 T-195 P.002/00Z F-402
XA=No, 4
DESOMPT'ION OF E"EWIONT
TO 9E CONVWM TO TKE VILLAGE OF RM BROOK
All tnat COMM bt, pia= ar pamet of term 01%ate. lying Mid being in the VHkLga
0f Rye ergo*, Town of Rye, Monty of Vftstsheater, and t3bite tbf Now York.
sarne Wng an emement- Said mmermnt train® moire pertid WdY bounded and
deGer9bscl as Wows:
BEGINNING at ft paint on the immeriy side of Rkip Sheet whets rm a" is
irrtemeeWd by the coutheastedy e0mar of Lot No. L as shown an a+attain map
Filed in 4he Weetchestar Gauntry MOWS Otfi=,Dh tilon of Lind I0twdfds,as Map
NO.2mas.
THENCE WOMAy abng the wulhery side of Lot ft 4.
N.340 184 45"W, 80.00 reeb to a corner;
THENCE northerly through Lot No.
N 286 33 , 29"8. 172.42 Feet
To a poarrt on the northady aide of Lot No, 4;
TWENCE eaetariy Wang the norgmdy side of Lot No. 4:
N 070 00/ 020E. 150 .00 reeti
To the westerly side of Ridge Street and the nodhosaw y carrier of t.,ot NO. 4-.
THENCE soutriargr along the westerly aide of Ridge Street:
S 210 33 , 561N. 234 .815 Feet
To the poird or place of boorintng.
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grows Wolin Flcwning O WR 846
_ • a pse Isvp menziesii Douglas Fir $F
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penrasewm!.lopecwcides Dwarf Foumain QTw C'k
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tlaa plant natariel pull to qumrsniMd'to be all,w and in'rlporoua g'oatl,
ror a period or two Vases totioairp ooaptance Rt the ice.
Plant material found to be vnnithy, ayinp or load aichin this period,dull be
removed we rCplusd in hird by the Contractor at m azpwe to the Omer•
c'> ;=XI,5TIWG NEW Pl.ANT6
z VW-AGE of M5 fbOk 3-1 at HEF10 _
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RUBBER m05E aT BARK
L;Ur WOKS 43) wnrTE FLAG Ow EACn T3 nKRCASE J�\l�
:I E.'EliT -:t].O TiGn1 GUT +Ir*i; -i T„E, - /�'�^ CORNER orF aF rEIiT ',a EUAAL ,wAr � { / (+f URI(.:NAL
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paaw Awl G«P5 7!,, (3-) CUI IrrE ROi'.
F.F ul! IOpuEtJ SAUCER (USE TOPSAIL) `l Cul ) f Of
+.+ LE Or REPOSE vAREES wrtn s1iEPwi of
S5 uAtCRlal
O< SLOPE A.0 S)iE T1PE.
— xoaL, STAXis (it GENTLY row,
_—feUPES AI TOP Of E-LL 'nk.L .af :�: RtAL9b( — � - � '�' TArft'fo .4W,
SUP :/3 Of_.BURLAP N.►.-ls•:X;rtL4 Kt uATEM4 _
Hatt 61 IUTALLY ktw1.ia
_ r_- — I'A EFsRED SUBSOIL T;, fuRu Pi"SIAI TO PREVENT
u,I+-
•t ball height at slope plane,and build large LuKer w,lh Lumped earth,Guy it windy Shrub planting on slope. balll and burlap. Place root down
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a -ELEVATION : I
1CCOLOt3Y wtx
assigned for M0109 tally fragile sites wh1
16rtd'ZWS are discouraged or banned.Idc.
slopus and mi%kY%al mamtenarm areas,
SOX Reliant It Hard Fescue
20% Jamestown tl Chewings
RAZE: 1701W per acre
+ � SEASON: Aprd 1 -May 31
August 16.00tobar 15
J CORNER OF ROOT SYS1Ew i0 6i �e t�1a AREAS: Slopes and Mvu mal Mat
V ORIGINAL GRADE Areas
�---� tWIALY CLIMPACTEO SAUCER (USt IUI'sCHt},
Aru;k[ (4 REPOSE VARIES Ya1N ,1LE1'1ifS5 EA'
Or SLOHE AND S01L TYPE. 272" 25 Ib.Bag 569.$0 S
CUI TnE ROPES Al TOP OF gall. REMOVE
1Gw 1/3 Or BURLAP. NON-WGEH CRADABLE
w1ER&AL Sw,LL BE TOTAttY REMJ:ED
GENTLY cDrj%CEED TOPSOIL II1x1U:11,
3(-Jm (12'! aLL AROUND BAtt. ud1
'-- 1,041-0 yY,AIURt EPCurlLL -
ORNAMENTAL GRAS:
lltN d An Abmirlps ro prodvc*a drama*
WEEPING LOVEGRASS
Needs adequate town to love$*Open a1
line texture.Requires lull Gun.Attrscws i
tM sun ww
Mahw
ball and burlap. Place root crown at trope plane. Tamp saucer torn and add mu1Ch M�J 3•
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RIC -iT SIDE ELEVATION
.gee sites where use of
banned.ideal for wxrwv
ance areas,sun or shade"
aid Fescue
li Chewinps Fescue.
acre .
ly 31
October 05
t Mmimat MaWen&nce
EA. lot
669A0 $".00
rat. GRASS.
um a dram ik mod a/lod.
slop.Open and arthIiV form,
n.Aft=Ws form QaxK0o%d