HomeMy WebLinkAboutEasement Recorded (2) ,s
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LiBER ..9872Pd6E 7
Section 1
Block 5
Lot P/O 18D, Lot 18 D/S
Town of Rye
VL Village of Rye Brook
County of Westchester
� ) State of New York
DEED OF EASEMENT
THIS DEED OF EASEMENT, made this / day of August,
1990, by and between RYE BROOK DEVELOPMENT PARTNERS (the fee
owners being hereinafter referred to as "Grantor"), a New York
partnership having an office c/o Alamit Properties, Inc. at
The Centre at Purchase, New York 10577, and the VILLAGE OF RYE
BROOK, a municipal corporation having its principal office on
Bowman Avenue in the Village of Rye Brook, New York 10573
(hereinafter referred to as "Grantee").
W I T N E S S E T H:
The Grantor is the fee owner of all of the real
property as shown and described on a certain "Subdivision Map
of Rye Brook Estates" situate in the Village of Rye Brook,
Westchester County, New York and which map was prepared and
completed on January 20, 1989 by Charles H. Sells, Inc., Civil
Engineers and Surveyors, Bedford Hills, New York and filed in
the County of Westchester as map No. 23809 on July 28th, 1989;
and
WHEREAS, the Board of Trustees of the Village of
Rye . Brook on February 14, 1989, approved the subdivision of
the subject property, formerly owned in fee by BROOK TWO
VENTURES, INC., a New York corporation with offices located
C/o Alamit Properties, Inc., The Centre at Purchase, Purchase,
New York 10577, the predecessor in interest to RYE BROOK
DEVELOPMENT PARTNERS (the Grantor herein), into sixty (60)
lots, designated Lot Nos. 1 through 60 and common areas shown
on that certain map known and designated at Map No. 23809
filed in the. County Clerk's Office of the County of
Westchester. on July 28, 1989; and
WHEREAS, such approval was conditioned, inter-alia,
upon BROOK TWO VENTURES, INC., its successors, its he and
assigns granting to the Village of Rye Brook, its successors
LIBER 9872PAcE 8
and assigns, an easement which by its terms creates a fifty
(501) foot emergency right-of-way and a twenty (20t) foot
drainage easement for the benefit of the Village of Rye
Brook. said easement, shown on map 23809 and said Subdivision
Map having been approved by Resolution of the Village of Rye !
Brook dated February 14, 1989, is shown as Easement No. 15,
which shows and describes land to be deeded to Hidden Falls at
Rye Brook Homeowners Association (referred to as HOA), on the
easement table of the map entitled Subdivision Map of Rye
Brook Estates, Village of Rye Brook, Westchester County, New
York and filed in the County Clerk's office, Division of Land
Records, on July 28, 1989 as Map No. 23809.
NOW, THEREFORE, the Grantors in the consideration
of One and 00/100 ($1.00) Dollar, lawful money of the United }
States, and other goad and valuable considerations, do hereby
grant and release to the Grantee, a perpetual emergency 1
right-of-way and the drainage easement being identified as ,
"Easement Number 15" on that certain map numbered 23809 as
herein referred to above.
The said easement is located within portions of HOA
15 on said Subdivision Map on, over, in and through the
following described premises as shown in Schedule "All attached
hereto and made a part hereof, lying and being in the Village
of Rye Brook, Town of Rye and county of Westchester, and State
of New York.
This easement is granted on the following terms and
conditions:
i
The Village of Rye Brook shall have the right at �I
any time of free ingress and egress for . the purpose of
installing, constructing, excavating for, reconstructing,
enlarging within the easement grantedf duplicating, repairing
and maintaining ,pipelines for a drainage system, without
becoming or being held liable for trespass. The Village of
4 Rye Brook shall not erect any fence on any part of said
easement, nor shall any buildings or structures be erected by
the Village of Rye Brook except such structures as may be
necessary for temporary use in constructing, excavating for,
reconstructing, enlarging, duplicating, repairing, maintaining
said pipelines or appurtenances thereto.
The Village of Rye Brook shall, after the
completion of any construction or of any other work required
to be done in connection with the granting of this easement,
restore the surface of the surrounding ground as nearly as
Possible to its former condition, including trees and shrubs
where disturbed.
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LIBER 9 S 7 2 PAGE 9
The Grantors on behalf of themselves, .their
successors and assigns consent and hereby grant to the
Grantee the right and privileges to repair or replace
drainage installation at such distances below and under the
surface of the ground as may, in the judgment of the
municipality having jurisdiction, be necessary and to enter
upon, excavate and install drainage lines and maintain the
same and from time to time repair the same as may be
necessary and to replace said facilities or any portion
thereof whenever and as often as may be necessary, with the
privilege ' to the Village of Rye Brook, its employees,
- agents, assigns, servants and/or officers, to enter upon
said premises at any time for the inspection and .
maintenance of said drainage lines and to pass and re-pass
over the premises as may be necessary for the purposes
herein set forth.
The Grantors also grant a temporary easement
during the course of any installation, removal, repair or
. replacement of said drainage lines for the piling of earth
and construction material on the sides of the land
adjoining the said permanent easement herein described for
a distance of five (s) feet on the aide of said permanent
easement, upon condition that such piling of earth and
construction material will be replaced as promptly as
feasible after any removal, repair or replacement will be
performed as expeditiously as conditions permit, and the
premises shall be restored to its previous condition to the
extent reasonably possible.
In addition to the drainage easement herein
described, the Village of Rye Brook is hereby granted an
easement for a fifty (50') foot right-of-way for emergency
purposes for police, fire, ambulance, maintenance of
utilities and any other reasonable functions for the
health, safety and welfare of the owners, residents, guests
and invitees of the Hidden Falls at Rye Brook Homeowners
Association, Inc.
The fifty (50') foot right-of-way herein created
for the benefit of the Village of Rye Brook shall be
maintained by the Hidden Falls at Rye Brock Homeowners
Association, Inc.
TO HAVE AND TO HOLD, said perpetual drainage
easement and right-of-way unto the Grantee, its successors
and assigns forever.
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LIBER 9872PAGE ~f O
IN WITNESS WHEREOF, the Grantor has executed e
j this instrument the date and year first above written.
j RYE BROOK DEVELOPMENT PARTNERS,
s A New York Partnership
0"D BVIIC /,39--.�0 i
'- IFCITE= HO CHBERG, as rea dent
of BROOK TWO VENTURE , INC.,
Managing Partner RYE BROOK
DEVELOPMENT PARTNERS {
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EIBER' 9872AGE 11
EASEMENT No. 15
Being shown and designated as Easement No. 15 on a certain map entitled,
"Subdivision Map of Rye Brook Estates", situated in the Village of 'Rye Brook,
Town of Rye, dated January 20, 1989, made by Chas. H.Sells, Inc., and filed in
the �] face of the County Clerk of Westchester County, Division of Land Records,
on ((/'�L4/ }—,1je? as Map No.16S 1, , said easement, being bounded and described j
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BEGINNING at a point on the southwesterly line of Parcel BOA 8 where the
some is intersected by the division line between Easement No. 14 and Easement
No. I5 as shown on the above—mentioned filed map, said point being the
following courses and distances, as measured along the division line between
land now or formerly of Norden and Parcel BOA 8, from a point on the north—
westerly side of North Ridge Street, where the same is intersected by said divi—
aion line betweeen land now or formerly of Norden and Easement No. 14:
i.
1) In a northerly direction along a curve to the left having a d'
radius of 15.00 feet, a distance of 23.35 feet to a point of
tangency; ,
2) North 51' 55' 05" West 42.71 feet to a point of curve, and
3) Along a curve to the right having a radius of 75.00 feet, a
distance of 18.45 feet; ' ,
THENCE from said point of beginning along the division line between
land now or formerly of Norden and Easement No. 15 and along land now or for— i
merly of W. Carlucci and Easement No. 15 the following courses and distances:
1) Northerly along a curve to the right having a radius of 75.00 '
feet, a distance of 56.24 feet to a point of reverse curve;
2) Along a curve to the left having a radius of 50.00 feet,
a distance of 121.54 feet to a point of tangency, and
i 3) South 45' 52' 20" West 111.42 feet;
i THENCE through Parcel BOA 8 Yorth 44' 07' 40" West 50.00 feet and North
45° 52' 20" East 111.42 feet to a point of tangency and the division line bet— i
ween Lot No. 29 and Parcel BOA 8 as shown on said map; l
THENCE along said division line and along the division line between
Parcel BOA 11 and Parcel BOA 8 and through parcel HOA.8 the following courses
and distances:
1) Along a curve to the right having a'radius of 100.00 feet, a
distance of 243.07 feet to a point of reverse curve;
I
2) Along a curve to the left having a radius of 25.00 feet, a -
distance of 18.75 feet, and
3) South 52" 10' 30" West 50.00 feet to,the point and place of
BEGINNING.
11BER 9872FAGE 12
STATE OF NEW YORK }
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COUNTY OF WEST=STER)
41
On the�� day of August, 1990, MITCHELL HOCHBERG,
before me personally came to me known, who, being by me duly
sworn, did depose and say that he resides at Madden Place,
4
Harrison, New York, is the President of Brook Two Ventures,
Inc., the .managing partner of Rye Brook Development Partners,
a Now York Partnership, 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.Directors of
said corporation, and he signed his name thereto by like
order.
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Notary Public
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Vor.ry Pobliq stato of X*W
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AIOI:ONEii�.f.n LXyirea YAro4II0,19
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900�'�wL Ad.aaG��d
RECORD AND RETURN TO'
I
Milton Bernet, Esq.
900 East Boston Post Road
43
Mamaroneck, NY 105
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XI tIBER 9$'72PAcE 13 '
+ G WESTCHESTER COUM RECORDING AMD EVOORSEMEMT PASE
(THIS PAG STR
E FORMS PART OF THE INUMENT)
ua SEX
ADDITIONAL COMMENTS RECORD AND RETURN
TITLE COMPANY NUMBER
THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT
(SEE CODES FOR DEFINITIONS)
THE PROPERTY IS SITUATED IN LIBER 1 MORTGE. DATE
WESTCHESTER COfJNFY, N.Y. IN
THE PAGE MORTGE. AMOUNT
02 TCTIN OF BEDFORD
06 TOWN OF CORTLANDT EXEMPT YES NO
09 TOWN OF EASTCHESTER STAT'Y CHARGE REC'D TAX ON ABOVE MTGF.:
11 TagN OF GREENBURGH
12 TCWN OF HARRISON REC'ING CHARGE -t-= BASIC. $
16 TOtV OF LEWISBORO
17 7C7WN OF MAMARONECK REC. MGT. FUND r ADDTL $
19 TCWN OF MT. KISCO
20 TOWN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $
21 CITY OF MT. VERNON
22 TOWN OF NEU CASTLE CERT/RECEIPT SPECIAL $
23 CITY OF NEt+I ROCHELLE
24 TOWN OF NORTH CASTLE T Q T A L TOTAL $ f
26 TOWN OF NORTH SALEM
28 TCWN OF OSSINING
30 CITY OF PEEKSKILL J SERIAL No.
31 TOWN OF PELHAM
35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: Q 1-6 Q OVER
36 CITY OF RYE
�7 TOWN OF RYE RECEIVED DUAL TOWN
—38 TOWN OF SCARSDALE �[�y F I• DUAL COUNTY/STATE
39 TOWN OF SOMERS $ '/7.1 t
42 CITY OF WHITE PLAINS n 0 HELD
443 4 CITY OF YONKERS
NOT HELD
TOWN OF YORKTTOWN AUG 1
REAL ESTATE
TRANSFER TAX ANDREW J. SPA40
WESTCHESTER COUNTY WESTCHESTER COUNTS! CLERK
i
T INAL No. DATE RETURNED
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0100300000 28.�0
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THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH
THE WESTCHESTER COUNTYCLERK RECEIVED THIS INSTRUMENT.
QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR
REPRESENTATIVE OR ATTORNEY.
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