HomeMy WebLinkAboutResolution 2003-5-13 May 13, 2003 913
RESOLUTION
AUTHORIZING ENTRY INTO FIRST AMENDMENT FOR EASEMENT
AGREEMENT WITH RYE KING ASSOCIATES, LLC REGARDING THE
SEWER AND DRAINAGE EASEMENT FOR THE FIREHOUSE
WHEREAS, in 1997, the Village of Rye Brook entered into an Easement
Agreement with the owner of 900 King Street, Rye Brook, New York whereby the
Village acquired permission to install drainage and sewer pipes at the 900 King Street
property for the construction of Village Hall;
WHEREAS, the Village is constructing the Village Firehouse on property
adjacent to Village Hall and 900 King Street and requires an easement over a portion of
900 King Street to connect new drainage and sewer pipelines to the pipes located in the
easement area created in 1997 for the purpose of draining stormwater from the Firehouse
Property and to install a sanitary sewer spur to serve the Firehouse Property; and
WHEREAS, Rye King Associates, LLC, the current owner of 900 King Street,
and the Village of Rye Brook desire to modify the terms of the 1997 Easement
Agreement so as to permit the Village's Firehouse property to have access to the sewer
and drainage pipelines in the 1997 Permanent Easement Area and to expand the
Permanent Easement Area to accommodate the 900 King Street property adjacent to the
Firehouse Property; and
NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook
hereby authorizes entering into the First Amendment to the 1997 Easement Agreement;
and
IT IS FURTHER RESOLVED, that the Village of Rye Brook agrees to pay Rye
King Associates LLC reasonable attorneys' fees and engineering fees incurred in
reviewing the First Amendment to the 1997 Easement Agreement and;
IT IS FURTHER RESOLVED, that the Mayor is authorized to execute and
deliver all necessary documents to accomplish the purpose of this Resolution.
r
Section: I
Block: 6
Lot: 2A1
Village of Rye Brook
Town of Rye
County of Westchester
State of New York
FIRST AMENDMENT TO EASEMENT AGREEMENT
DATED JULY 11, 1997
Agreement made this _ day of May, 2003 between Rye King Associates, LLC, a New
York Limited Liability Company, having its principal place of business at c/o Wafra Investment
Advisory Group, 345 Park Avenue, 43 d Floor, New York, New York 10154 (hereinafter referred
to as "Grantor") and the Village of Rye Brook, a municipal corporation of the State of New
York, having its principal office at 938 King Street, Rye Brook, New York 10573 (hereinafter
referred to as "Grantee").
WHEREAS, Grantor is the owner of certain real property located at 900 King Street in
the Village of Rye Brook, New York and which is currently the site of an office building
commonly referred to as The Atrium (hereinafter"Grantor's Property"); and
WHEREAS, Grantee (1) owns property located at 938 King Street ("Grantee's Village
Hall Property"); (2) acquired on August 6, 1999 and now owns property located at 940 King
Street, Rye Brook, New York which is adjacent to Grantor's Property (hereinafter "Grantee's
Firehouse Property") and adjacent to Grantee's Village Hall Property and the legal description of
which is annexed hereto as Exhibit "A"; (3) is constructing a fire house on Grantee's Firehouse
Property; and (4) desires an easement over a portion of Grantor's Property to install drainage and
sewer pipelines in order to drain storm water from Grantee's Firehouse property into a drainage
basin located on Grantor's Property and to install a sanitary sewer spur to serve Grantee's
Firehouse Property; and
i
WHEREAS, Grantee is the owner and holder of certain easement rights under an
Easement Agreement dated July 11, 1997 between Grantee and Connecticut General Life
Insurance Company, the prior owner of Grantor's Property, recorded in the Westchester County
Clerk's Office, Division of Land Records at Liber 12088, Page 202 (the "1997 Easement
Agreement"); and
WHEREAS, the 1997 Easement Agreement permits Grantee to use the Permanent
Easement Area, as described and set forth in Exhibit "C" to the 1997 Easement Agreement for
the benefit of Grantee's Village Hall Property; and
WHEREAS, Grantor and Grantee desire to modify the terms of the 1997 Easement
Agreement herein before described so as to (a)permit Grantee's Firehouse Property to have
access to sewer and drainage pipelines in the Permanent Easement Area and (b)to expand the
Permanent Easement Area;
NOW, THEREFORE, in consideration of the promises and the mutual covenants and
agreement of the Parties, in the sum of One ($1.00) Dollar to each party by the other in hand
paid, receipt whereof is hereby acknowledged, the Parties hereto agree as follows:
1. Exhibit "C" annexed to the 1997 Easement Agreement and referred to as the
Permanent Easement Area is hereby deleted and the premises described in Exhibit `B", attached
hereto and made a part hereof is substituted in its place, in all respects, all for the limited purposes
of maintaining, using, operating, repairing, reconstructing and inspecting the same from time to
time, subject to and in accordance with the terms and conditions of the 1997 Easement Agreement
(the "Permanent Easement Purposes") together with the right of Grantee, its officers, employees,
agents, servants or contractors of ingress and egress to enter upon and along the Permanent
Easement Area for the full and complete use, occupation and enjoyment of the easement hereby
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granted, for any of the Permanent Easement Purposes, subject to and in accordance with the terms
and conditions of the 1997 Easement Agreement.
2. The properties to be benefited by the Permanent Easement Area, as modified
herein, (the "Dominant Tenement") are hereby expanded to include in addition to Grantee's
Village Hall Property, Grantee's Firehouse Property.
3. The 1997 Easement Agreement shall remain in all other respects in full force and
effect and otherwise unmodified and is hereby ratified and confirmed.
IN WITNESS WHEREOF, Grantor and Grantee have executed this First Amendment
to Easement Agreement as of the date herein above first written.
Witnessed by:
GRANTOR:
RYE KING ASSOCIATES, LLC
By:
By:
Name:
Its:
(SEAL)
GRANTEE:
VILLAGE OF RYE BROOK
By:
Name: Francis Filipowski
Its Mayor
(SEAL)
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STATE OF NEW YORK )
)SS.:
COUNTY OF NEW YORK )
On the day of May in the year 2003 before me, the undersigned, personally
came , to me known, who being by be duly
sworn, depose and say that he/she is the of Rye King Associates, LLC,
the company which executed the foregoing instrument; that he/she knows the seal of said
company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said company, and that he/she signed his/her name thereto by
like order.
Notary Public
STATE OF NEW YORK )
)SS.:
COUNTY OF WESTCHESTER )
On the day of May in the year 2003 before me, the undersigned, personally
came Frances Filipowski to me known, who being by be duly sworn, depose and say that he is
the Mayor of the Village of Rye Brook, the municipal corporation which executed the foregoing
instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by order of the Board of Trustees of said municipality,
and that he signed his name thereto by like order.
Notary Public
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MAY. 9.2003 3: 17PM KEANE & BEANE, P.C. N0.648 P.2/3
KENNETH DREG O AG'FNCY, LTD.
Title No. IU W.9756 (991U-1511056)
SCHEDULE A
Amended 08-23-99
ALL that cerLadm plot, piece or parcel of land, situate, 1 ' and bcir�g 1n the 'own of
Ryc, County of Westchester and State of New York, b�more parbc'ularly bouanded
and described as follows:
BEGINNING at a point on the westerly side of King Street at the inter+ lion of the
northerly line of lands now or formerly of 7horstensen and the westerly side of King
Street;
RUNNING thence along said westerly side of King Street, North 23 degrees 24' West 127.0 feet to lands now or formerly of Nethe=tt,
RUNNING thence along said last mentioned land and lgads mw or formerly of Clark
the following two courses and distances:
South 68 degrees n 1 Wwt 200.0 fret;
North 23 degrees 24' Wes, 220,0 feet to land3 now or formerly of Harris;
RUNNING thence along same South 68 degrees 28' West 50.ou feet to Lands mow or
formerly of Presbyterian Hospital;
RLNMNG thence along same, South 23 degrees 24'00- East 347.00 feet to lapel$ now
or formerly of Thorstensen.
RUNNING thence along same, Noah 68 degms 28'00" 1 East 2 50.00 feet to the
westerly aids of Kiag Street, said point beiag the point or place of BEGINNINC3,
Thd pokY to be Issued under tN# report will insuro the Wo to our buiidlnes ar�d
Fpp lmproremente erected on the Oremlias which by taw cone
CONVEYANCINQ taut 1, real property.
ILY TOGETHER with rq the right, thle and Interest of the a
the Ian In P rty of they .first part, af, to and to
IY 9 �n the *tree[ In front of and adjoining paid pran�;�
l 1_
MAY. 9.2003 3:17PM KEANE & BEANE, P.C. N0.648 P.3i3
4-30-03
DESCRIPTION — EXTENSION
COMBINED WITH ORIGINAL
EASEMENT "A" (Sewer & Drain)
NOW TOGETHER
ALL that certain plot, piece of parcel of land, with buildings and
improvements thereon erected, situate, lying and being in the Village of Rye
Brook, Town of Rye, County of Westchester, State of New YorK and more
particularty bounded and described as follows:
COMMENCING at a point which is the northwest comer of lands now or
formerty of 900 King Street and is recorded in a deed in the Westchester County
Clerk's Office, Division of Land Records, in Uber 10570, Page 41; thence along
the common line behyeen lands now or formerly of 900 King Street and lands
now or formerty of Groce S31°52'00"E 27.48 feet; thence along the common line
between lands now or formerly of 900 King Street and lands now or formerly of
Shonting S2503600T 332.00 feet to the point of BEGINNING; thence
continuing along the common line between lands now or formerfy of 900 King
Street and lands now or formerly of Shonting and the Village of Rye Brook
S25035'00"E 143.91 feet; thence through lands now or formerly of 900 King
Street the following courses and distances:
S221,25'00"W 78.00 feet,
N671,35'00'W 20.00 feet,
N22°25'00"E 62.37 feet,
N25°35'00'W 139.51 feet,
and N64°25'00"E 25.00 feet
to the point or place of BEGINNING.
On a motion made by Trustee Degling and seconded by Trustee Goodman the
following resolution was adopted:
RESOLUTION
AUTHORIZING ENTRY INTO FIRST AMENDMENT FOR
EASEMENT AGREEMENT WITH RYE KING ASSOCIATES,LLC
REGARDING THE SEWER AND DRAINAGE EASEMENT FOR
THE FIREHOUSE
WHEREAS, in 1997, the Village of Rye Brook entered into an
Easement Agreement with the owner of 900 King Street, Rye Brook, New
York whereby the Village acquired permission to install drainage and sewer
pipes at the 900 King Street property for the construction of Village Hall;
and
WHEREAS, the Village is constructing the Village Firehouse on
property adjacent to Village Hall and 900 King Street and requires an
easement over a portion of 900 King Street to connect new drainage and
sewer pipelines to the pipes located in the easement area created in 1997 for
the purpose of draining stormwater from the Firehouse Property and to
install a sanitary sewer spur to serve the Firehouse Property;and
WHEREAS, Rye King Associates, LLC, the current owner of 900
King Street, and the Village of Rye Brook desire to modify the terms of the
1997 Easement Agreement so as to permit the Village's Firehouse property
to have access to the sewer and drainage pipelines in the 1997 Permanent
Easement Area and to expand the Permanent Easement Area to
accommodate the 900 King Street property adjacent to the Firehouse
Property;and
NOW,THEREFORE BE IT RESOLVED, that the Village of Rye
Brook hereby authorizes entering into the First Amendment to the 1997
Easement Agreement;and
IT IS FURTHER RESOLVED, that the Village of Rye Brook
agrees to pay Rye King Associates LLC reasonable attorneys' fees and
engineering fees incurred in reviewing the First Amendment to the 1997
Easement Agreement and;
IT IS FURTHER RESOLVED, that the Mayor is authorized to
execute and deliver all necessary documents to accomplish the purpose of
this Resolution.
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
estate of Yefn 'lurk Trustee Harris Voting Aye
Qlourrtq of Pestrhester s Trustee Santon Voting Aye
s'Mayor Filipowski Voting Aye
Village of �ge rook
I hereby certify that this is the Resolution adopted by the Board of Tiustees of the Village of
Rye Brook which was duly passed by said Board on May 13, _20 03.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Village
of Rye Brook,this 15 th day of May ,2003
Village Clerk
Christopher J. B bury