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HomeMy WebLinkAboutEasement Recorded (7) 37 AN EA S 2 WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE (THIS PAGE FORMS PART OF THE INSTRUMENT) 0 6 T THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT EAS-EASEMENT FEE PAGE 6 TOTAL PAGES 6 (SEE CODES FOR DEFINITIONS) STAT'Y CHARGE 5.25 MORTGE. DATE REC'ING CHARGE 18.00 MORTGE. AMT L 10 PAGE 23 GE 123 RECMGT FUND 4.75 EXEMPT YES NO GER: EA 5217 TP-584 6.00 REC'D TAX ON ABOVE MTGE: THE PROPERTY IS SITUATED CROSS-REF. 0.00 BASIC $ IN WESTCHESTER COUNTY, MISC. 0.00 ADDITIONAL $ NEW YORK IN THE: TOWN OF RYE TOWN SUBTOTAL $ TOTAL SPECIAL $ 34. 00 TOTAL $ SERIAL NO. $ 0.00 CONSIDERATION DWELLING 1-6 OVER _ DUAL TOWN RECEIVED: _ DUAL COUNTYISTATE TAX AMOUNT $ 0 .00 TRANSFER TAXI 0005339 HELD NOT HELD TITLE COMPANY NUMBER: EXAMINED BY WWP3 000UND080 0I/11/93CPA/EA 34.00 OB»32 TERMINAL CTRL# 93011TO24 DATE RETURNED I HEREBY CERTIFY THAT THE ABOVE INFORMATION FEES AND TAXES ARE CORRECT WITNESS MY HAND AND OFFICIAL SEAL Section 1 P 1 Block 5 3 Lot P/O HOA-8 Town of Rye County of Westchester <' State of New York -4_ 1.S1 I� : DEED OF EASEMENT f' THIS DEED OF EASEMENT, made this O� day of 13 December, 1992, by and between HIDDEN FALLS AT RYE BROOK J . HOMEOWNERS ASSOCIATION, INC. , a New York Corporation with its principal place of business located at c/o Alamit Properties, Inc. , 4 Stonefalls Court, Rye Brook, New York 10573 (hereinafter referred to as "Grantor") the fee owners of HOA 8 and RYE BROOK DEVELOPMENT PARTNERS, a New York Partnership with its principal place of business located at c/o Alamit Properties, Inc. , 4 Stonefalls Court, Rye Brook, New York y a 10573 (hereinafter referred to as "Grantee") , the fee owners of Section 1, Block 5, Lot 32 in the Town of Rye, County of Westchester, State of New York. WHEREAS, the Grantor is fee owner of the adjacent property known as HOA 8 in Section 1, Block 5 in 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 Grantee is the fee owner of Lot No. 32 in Section 1, Block 5 in a certain "Subdivision Map of Rye t 'i 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 7., the County of Westchester as Map No. 23809 on July 28th, 1989; pw },�t and �j WHEREAS, the Grantors by this instrument intend to create an easement which shall run with the land and shall be binding upon the Grantor their heirs, successors and assigns and will inure to the benefit of the fee owner of Lot No. 32, their heirs, successors and assigns; and WHEREAS, the purpose of this easement is to accommodate an enroachment of a wooden deck and which encroachment is de minimis in nature; and WHEREAS, the encroachment is located on the southern side of Lot No. 32 as shown on a certain survey of Lot No. 32 prepared by Charles H. Sells, Inc. on December 2, 1992 and designated as Lot No. 32 as shown on filed Map No. 23809 and a copy of which is annexed hereto and made a part hereof as Exhibit "A". NOW, THEREFORE, in consideration of the sum of TEN and 00/100 ($10. 00) DOLLARS and other good and valuable consideration, paid to the Grantor, the receipt and sufficiency of which are hereby acknowledged, the following ,3= declaration, grant, easement, covenant and restrictions are herein recited: The Grantor hereby declares and grants to the NF. Grantee (the fee owner of Lot No. 32) , their heirs, legal 1 .g representatives, distributees, successors and assigns forever a perpetual easement to use the portion of the open stairway which encroaches on HOA 8 and which has been described herein, which shall provide a more convenient access to the wood deck attached to the dwelling located on Lot No. 32 . IN WITNESS WHEREOF, the Grantor and Grantee hereto have executed this Agreement the day and year above written. HIDDEN FALLS HOMEOWNERS ASSOCIATION, INC. B � MITCHELL HOCHBER antor RYE BROOK DEVELOPMENT PARTNERS BY: �- - MITCHELL H �ee D77:E-1 ;.f is A .rs a,f °i :q. 8 38#30100' STONE S70N RET. TIRE STEP$'/ h WALSTONE RET' rCMJMHOA $ 11/2 STY1,357' SQ.F T. BLACK AND FRAME 0,61, RESIDENCE WOOD DECK � CONC J7�47'.• SURVEY OF PROPERTY DESIGNATED AS LOT No. 32 AS SHOWN ON FILED MAP No.23809 SITUATE IN )ES HEREON BEING LOT No, 32 As SHOWN A ENTITLED "RYE flR00K F TATEW rfc. IN DIVISION wl"ON ]-AND OR , ON VILLAGE OF RYE 13ROOK DIViS10IV ON LAND RECOR 5, ON JELLY Z8, S MAP Na 23SQ9. WESTCHESTER COUNTY, N.Y, SCALE: 20' DECEMBER 2, 1992 NO L )NES OP POSSESSION OTHER THAN INDICATED F 68-078AI I =rs STATE OF NEW YORK } }ss. : COUNTY OF WESTCHESTER) 3 On this d2- th day of December, 1992 before me personally came Mitchell Hochberg, to me known and known to me to be the individual who executed the foregoing instrument, who, being by me duly sworn, did depose and say that he resides at Madden Place, Harrison, New York, that he is the Ali President of the Hidden Falls Homeowners Asssociation, Inc. , a New York Corporation; that he executed the foregoing instrument by order of the Board of Directors of such j'l corporation in the name of such corporation; that he had the ih authority to so execute the same; and that he did duly acknowledge to me that he executed the same as the act and deed of the said corporation for the uses and purposes therein mentioned. Ao-� Notary Public QORDON 0.PERKS{ STATE OF NEW YORK } ry pok State of New York jj Chmfitled M WWd r Cou rdv COUNTY OF WESTCHESTER) Teem Expires Sept.30,19 On this g?7'th day of December, 1992 before me personally came Mitchell Hochberg, to me known and known to me to be the individual who executed the foregoing instrument, who, being by me duly sworn, did depose and say that he resides at Madden Place, Harrison, New York, that he is the Vice President of Rye Brook Development Partners, a New York Partnership; that he executed the foregoing instrument by order of the Board of Directors of such corporation in the name of such corporation; that he had the authority to so execute the same; and that he did duly acknowledge to me that he executed the same as the act and deed of the said corporation for the uses and purposes therein mentioned. Notary Public CORDON S.PERKEL Natary PMM Ww ft of NwYbek Qualified in WesteheeterCouft 'Term Expires Sept.30,1 JL-1y