HomeMy WebLinkAboutEasement Recorded (9) M
JlB`cR 9872PdcE...52
Section 1
} LotcP/O 180, Lot is D/8
Town of Rye
j Village of Rye Brook y�
County of Westchester i
state of New York
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y
DEED OF EASEMENT
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THIS DEED OF EASEMENT, made this/,� day of August, 5
1990, by and between RYE BROOK DEVELOPMENT PARTNERS (the tee
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"). J
€! W I T N E S S E T H_:
i 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 Hi11s, New York and filed in
the County of Westchester as map No. 23809 on July 28th, 19891
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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,
1 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 hells and
assigns granting to -the Village of Rye Brook, its successors
and assigns, an easement which by its terms creates a twenty
(209) foot Drainage Easement over Lot No—11 as well as over.
— ' tteER 98'72PAGE 53 k
land to be deeded 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 t
Easement No. 8 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 o0/l00 ($i.00) Dollar, lawful money of the United i
States, and other good and valuable considerations, do hereby
grant and release to the Grantee, a perpetual drainage
easement being identified as "Easement Number 8" on that
certain map numbered 23809 as herein referred to above.
The said easement is located within portions of Lot I;
No. 11 and lands to be conveyed to the HOA 6 on said
Subdivision Map on, . over, in and through the following
described premises as shown in Schedule "A" attached hereto I'
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
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 drainage, 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 the village of j
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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�ieER 9 S 7 2 P&GE 54
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The Grantors on behalf of themselves, their A
successors and assigns consent and hereby grant to the Grantee -�
the right and privileges to repair or replace drainage pipes
at such distances below and under the surface of the ground as
may, in the judgment of the municipality having jurisdiction, y
be necessary and to enter upon, excavate and install sewer q
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,
j agents, assigns, servants and/or officers, to enter upon said
j premises at any time for the inspection and maintenance of
said drainage line and to pass and re-pass over the premises 1
as may be necessary for the purposes herein set forth.
-3
i The Grantors also grant a temporary easement during
the course of any installation, removal, repair or replacement
of said drainage line for the piling of earth and construction {
material, on the sides of the land adjoining the said permanent i
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
I 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.
To HAVE AND TO HOLD, said perpetual drainage
easement unto the Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this
R instrument the date and year first above written.
RYE BROOK DEVELOPMENT PARTNERS,
A New York Partnership
i BY
�- 3fiT
(( 0 �" HOCHBERG, as Prea d t
of BROOK TWO VENTURES, IN .,
Managing.Partner of RYE BROOK
DEVELOPMENT PARTNERS
.. 3 -
D100tE-8
LIBER 9872PAGE 55
CSICAGO TITLE INSURANCE COMPANY
TITLE NO: 9010-00838
SCHEDULE A _ DESCRIPTION
EASEMENT NO. 8
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. 8 on a certain map entitled,
"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 `
Records, on July 28, 1989 as Map No. 23809, bounded and described as follows: !'
BEGINNING at a point on the westerly side of Longledge Drive where
the same is intersected by the division line between Lot No. 11 and Parcel
HOA6 as shown on the abovementioned filed Map No. 23809;
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Running thence southerly along the westerly side of Longledge Drive
along a curve to the left having a radius of 225.00 feet, a distance of
32.56 feet;
Thence through Parcel HOA6 and Lot No. 11, South 82 degrees 30
minutes 00 seconds West 31.64 feet and North 78 degrees 13 minutes 00 seconds
West 147.15 feet to a point on the westerly line of Lot No. 11 on filed Map
No. 23809;
Thence along the westerly line of Lot No. 11, North.3 degrees 50
minutes 16 seconds West 20.77 feet;
Thence through Lot No. 11, South 78 degrees 13 minutes 00 seconds
East 145.60 feet to the division line between Lot No. 11 and Parcel HOA6;
Thence along said division line, North 58 degrees 00 minutes 00
seconds East.21.51 feet to the point and place of beginning.
' DESCRIPTION
PACE 12 OF 20
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119ER 9872PAGE 56 ,
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STATE OF NEW YORX } -
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COUNTY OF WESTCHESTER)
On the /�<ay of August, 1990, MITCHELL HOCHBERG,
i
before. me personally came to me known, who, being by ma duly
sworn, did depose and say that he resides at Madden Place,
1
Harrison, New York, is the President of Brook Two Ventures,
Inc., the managing partner of Rye Brook Development Partners,
? a New
f York Partnership, which executed the foregoing
instruMntt that he knows the seal of said corporations that i
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.
2
Notary Public
D101:ONE Votary 8nbue,State of New Tot$
No. 60.6294105
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n-olnted for Wnt<hutar Coeatr
Q l'��u�..taA 1 itttM ULrah E0,19'r'l
✓�II'yiOl'�C?ppl�lf9rA , �
RECORD AND RETURN TOt
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Milton Berner, Esq.
900 East Boston Post Road
Mamaroneck, NY 10543
_._-._.-__..... ...
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E'ER LASER 9872PAGE 57 4
�` wESMESTER COUFFY RECORDING AHD,EKDORSEKENT PAGE
t (THIS PAGE FORMS PART OF THE INSMUKENT)
ADDITIONAL COMMENTS RECORD AND RETURN
•j
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 (g72 MORTGE. DATE
WESTCHESTER COUNTY, N.Y. IN
THE PAGE MORTGE. AMOUNT
02 TOM OF BEDFORD
06 TOWN OF CORTLANDT �L� EXEMPT YES NO
09 TaIN OF EASTCHESTER STAT'Y CHARGE REC'D TAX ON ABOVE MTGE:
11 TaIN OF GREENBURGH , '1 BASIC
$ _
12 TC�9N OF HARRISON REC'ING CHARGE
16 TOWN OF LEWISBORO
17 TCWN OF MAMARONECK- REC. MGT. FUND ._ ADDTL $
19 TOWN OF MT. KISCO
20 TOWN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $
21 CITY OF MT. VERNON
22 TOWN OF N59 CASTLE CERT/RECEIPT SPECIAL $
23 CITY OF NE19 ROCHELLE
24 TOWN OF NORTH CASTLE T O T A L TOTAL $
26 T04N OF NORTH SALEM ��
28 TOWN OF OSSINING
30 CITY OF PEEKSKILL �� SERIAL No.
31 TOWN OF PELHAM $
35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: Q 1-6 OVER
3 CITY OF RYE
OF RYE RECEIVED DUAL TOWN
38 TOWN OF SCARSDALE.- f7 +�/�T ' DUAL COUNTY/STATE
39 TONN OF SOMERS $ r
42 CITY OF WHITE PLAINS ❑❑ HELD
.43 as CWNN of YORKTOWN AUG 1 6 1990 uONKERS NOT HELD
TOW
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REAL ESTATE Q
TRANSFER TAX ANDREW J. SPANO
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
}}. " TERMINAL No, DATE RETURNED
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D a� EXAMINED B
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AND
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ERIC
rn �N 000027BOOO 08/16/90CPA/FA 25.00
09.06
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!' THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE CN WHICH
THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT.
QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ApDRESSED TO YOUR
REPRESENTATIVE OR ATTORNEY.