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HomeMy WebLinkAboutEasement Recorded (3) -._._r__ ."'^.-.--�-E^•,, M•_M.� ��■■�����■�I I�III�I�I�^��Iw�w��������������I�II II������ •-T - •- *W1 �. LIBER �9872PABE �4 section 1 Block 5 1c" Lot P/O 18D, Lot 18 D/S Town of Rye Village of Rye Brook County of Westchester ; State of New York r a DEED OF EASEMENT THIS DEED OF .EASEMENT is to establish as a matter ' record the re-routing of a sewer easementA,�as described in + X99er of 5312, Page56• It is made this !��Y day of August, t 0, nd between RXE BROOK DEVELOFMENT PARTNERS (the feeers being hereinafter referred to as "Grantor"), a New York partnerallip having an office c/o Alamit Properties, Inc. at I 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 t the subject property, formerly owned in fee by BROOK TWO t 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 I- • WHEREAS, such approval was conditioned, inter-alia, upon BROOK TWO VENTURES, INC., its successors, its he re and assigns creating and installing granting to the Village of Rye �a • r E18ER Brook, its successors and assigns, a re-routed easement which j by its terms creates a re-routed Sewer Easement over Lots ; numbered 15 and 16 as well as over land to be conveyed to Hidden Falls at Rye Brook Homeowners Association, Inc, (referred to as "HOA") 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. 9 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 good and valuable considerations, do hereby grant and release to the Grantee, a perpetual sewer easement being identified as "Easement Number 9" .on that certain map numbered 23809 as herein referred to above. The said easement is located within portions of Lots numbered 15 and 16 as well as HOA lands on said Subdivision Map on, over, in and through the following described premises . as shown in Schedule "A" 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: That the herein described easement is shown on map No. 23809 filed in the County Clerk's office of the County of Westchester on July 28, 1989. The said twelve (1211) inch sewer easement as re-routed will serve the same function of carrying sewage as provided for in easement in Liber 5312, Page 366 with all of the rights and obligations of the Grantor and Grantee to continue to be in full force and effect except, however, . that the re-routed direction of the easement all in accordance with map No. 23809 filed in the County Clerk's - Office on July '28, 1989. The Village of Rye Brook shall have the right at any time of free ingress and egress for the purpose of installing, constructing, excavating for, reconstructing, enlarging within the easement granted: duplicating, repairing and maintaining pipelines for a sanitary sewer_, without. . becoming or being held liable for trespass. The village of Rye Brook shall not erect any fence on any part of said easement, nor shall any buildings or structures be erected by - 2 - i i j LiBFR�98"72PdGE 46 5 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 shrill, after the j completion of any construction.or of any other work required i 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 7 } where disturbed.' i { 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 sewer pipes 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 sewer lines aqd 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, E with the privilege to the Village of Rye Brook, its employees, agents, assigns, servants and/or officers, to enter upon said i premises at any time for the inspection and maintenance of i said sewer line 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 sanitary sewer . line for the piling of earth and jj construction material on the sides of the land adjoining the I said permanent easement herein described for a distance of five (5) feet on the side 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. I i 3 r 4 - . ----- _ 119ER 9872PAGE-47 TO HAVE AND TO HOLD, said perpetual sever easement unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF,' the Grantor has executed this instrument the date and year first above written. is RYE BROOK DEVELOPMENT PARTNERS, A New York Partnership B <-�iCHELL HOCHBERG, as res nt OP BROOK TWO VENTURES, INC., I.. Managing Partner of RYE B K DEVELOPMENT PARTNERS' VIL OF RYE BROOK By AL ATOP CRESC ZI, MAYOR D100:E-9 j I I ---- .. ,.r...................._. ._.... . M._ -, -- --- LIBER 9872PACE 48 CHICAGO TITLE INSURANCE COMPANY TITLE NOS 9010-00838 SCHEDULE,A DESCRIPTION i EASEMENT NO. 9 ' k ALL that certain plot, piece or parcel of land, situate, lying and being in the Village of Rye Brook, Town of Rye, County of Westchester and State ; of New York, shown and designated as Easement No. 9 on a certain map entitled, t 3 "Subdivision Map of Rye Brook Estates situated in the Village of Rye Brook, Westchester County, New York", made by Chas. H.. Sells, Inc., dated January 20, 1989 and filed in the Westchester County Clerk's Office, Division of Land a Records, on July 28, 1989 as Map No. 23809. y I i (NO METES AND SOUNDS ON MAP) 1 I i i } i i 73 I f{i 1 1 . .. .... . .. . , `V UBER 9872PAGE 49 STATE OF NEW YORK } COUNTY OF WESTCHESTER) 4 5 On the /// day of August, 3.990, 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, Harrison, New York, is the President of Brook Two Ventures, Inc., the managing partner of Rye Brook Development Partners, a New York Partnership, which executed the foregoing instrument; that he knows the seal of said corporation; thai the . seal affixed to said instrument is such corporate seal; i that it was so affixed by order of the Board of Directors at said corporation, ' and he - signed his name thereto by like order. Notary Public D101:0NE >,irc roN BF.RNgR Yotnry Public,Stgte of few N0. 69.589410a . aP.-Inu,4 for W.stch..tar i i STATE OF NEW YORK } y COUNTY OF WESTCHESTER} On the{ } � day Of August, 1990, g V of- a before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at 11, '��, it.yYt(, ��►.� - , is the Mayor of the Village of Rye Brook, y ' a Municipal Corporation, the corporation described in and ' which executed , the foregoiong instrument; the 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 corporation, and he I signed his name thereto by like order. i Notary Public ofr 4),- .v�1J(OW4 fli61sONE apl""�""`� M^ < c�csltr �•c1, CornM l 11i. a j RECORD AND RETURN TO: Milton Berner, Esq, 900 East Boston Post Road Mamaroneck, NY 10543 { --- �HR LIBER 9872PAsE 51 { a WESTCHESTER CDUMY RECORDING AND ENDORSEMENT PAGE 3 (THIS PAGE FORMS PART OF THE INSTRUMENT) f HA ' ADDITIONAL COMMENTS RECORD AND RETURN i �i ti TITLE COMPANY NUMBER THE FOREGOING INSTRUMENT,WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT (SEE CODES FOR DEFINIIT}IONS) THE PROPERTY IS SITUATED IN LIBER f MORTGE. DATE WESTCHESTER COUNTYr N.Y. IN I1 THE PAGE.. MORTGE. AMOUNT 02 TOWN OF BEDFORD 06 TOWN OF CORTLANDT L� EXEMPT.YES NO 09 TOWN OF EASTCHESTER STAT'Y CHARGE REC'D TAX ON ABOVE MTGE. 11 TOWN OF GREENBURGH 12 T OF HARRISON REC'ING CHARGE BASIC qN $ 16 TOWN OF LEWISSORO 17 TO OF MAMARONECK REC. MGT. FUND C WN // ADDTL $ 19 TOWN OF MT. KISCO 20 TOWN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $ 21 CITY OF MT. VERNON 22 TOWN OF NEW CASTLE CERT/RECEIPT SPECIAL $ 23 CITY OF NEW ROCHELLE 24 TOWN OF NORTH CASTLE T 0 T A L TOTAL $ 26 TOWN OF NORTH SALEM 28 TOWN OF OSSINING 30 CITY OF PEEKSKILL �t�� SERIAL No. 31 TOWN OF PELHAM $ - 35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: ❑ 1-6 Q OVER 36 CITY OF RYE 3 TOWN OF RYE RECEIVED f DUAL TOWN TOWN OF SCARSDALE ,�/(� DUAL COUNTY/STATE �a 39 TOWN OF SCMERS $ �-i_/f7 42 CITY OF WHITE PLAINS Qj n HELD 43 CITY OF YONKERS NOT HELD AUG 44 TOWN OF YORKTOWN AU V U 7 REAL ESTATE TRANSFER TAX ANDREW J. SPANO WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK TEEWINA DATE RETURNED ch © cQ EXAMINED 8Y UJ db s> WITNESS HAND AND O I i > E LJ Lu V. r� A7NESDR SP FRK is Cc a a� Epp p1IIGPA/EA 3I.50 N THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT. QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR REPRESENTATIVE OR ATTORNEY.