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L1BER 9§7 PAGE
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Section 1 '
Block 5
Lot P/O 18D, Lot 18 D/$
Town of Rye
Village of Rye Brook
County of Westchester
j State of New York
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DEED OF EASEMENT j
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THIS DEED OF EASEMENT, made this /`7 day of August, j
1990, by and between RYE BROOK DEVELOPMENT PARTNERS (the fee 5
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").
i
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 ill 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 hrs and
assigns granting to the Village of Rye Brook, its successors •
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L!$ER 9872PAGE 77
and assigns, an easement which by its terms creates a twenty
(208) foot Sewer Easement over Lot No. 5 as well as over 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
Easement No. 3 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 hand Records, on July 28, 1989 as Map No.
23809.
NOW, THEREFORE, the Grantors in the consideration-
of one and oo/1o0 ($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 easement being
identified as "_Easement Number 3" on that-certain map numbered
23809 as herein referred to above.
The ' said easement is located within portions of Lot
No. 5 and lands to be conveyed to the HOA 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:
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
the village of Rye Brook except such structures as may be
necessary for temporary use in constructing, excavating for,
i reconstructing, enlarging, duplicating, repairing, maintaining
said pipelines or appurtenances thereto.
t 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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'4 LIBER 9.8 7 2 PAGE 78TM r
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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
i 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 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 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
construction material on the sides of the land adjoining the t
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.
TO HAVE AND TO HOLD, said perpetual sewer 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.
RYE BROOK DEVELOPMENT PARTNERS,
A New York Partnership
B
HELL. HOCHBERG, as P s dent
of BROOK TWO VENTU , INC.,
Managing Partner of RYE BROOK
DEVELOPMENT PARTNERS
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CHICAGO TITLE IN56RANCE COMPANY
a TITLE NO: 9010-00838
SCHn= A — DESCRIPTION
EASEMENT N0. 3
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. 3 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 easterly line of Parcel HOA7 where the
same is intersected by the division line between Lot No. 5 and Parcel HOA1 as
shown on the abovementioned filed Map No. 23809 and running thence along the
westerly prolongation of the division line between Lot No. 5 and Parcel HOA1,
North 77 degrees 30 minutes 00 seconds West 3.62 feet to the point of beginning
of the hereby described easement; running thence from said point of beginning
of the hereby described easement the following courses and distances:
South 40 degrees 31 minutes 29 seconds West 113.93 feet;
North 2 degrees 50 minutes 00 seconds West 34.84 feet;
North 46 degrees 30 minutes 00 seconds East $0.78 feet; and E
South 77 degrees 30 minutes 00 seconds East 17.57 feet to the
point and place of beginning. ;
DESCRIPTION
' PAGE 7 OF 24
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STATE OF NEW YORK ) 1
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ss.: ;
COUNTY OF WESTCHESTER)
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On the �/y" day of August, 1990, MITCHELL HOCHBERG, +
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before me personally came to me known, who, being by me duly ;
sworn, did depose and say that he resides at Madden Place, s
Harrison, New York, is the President of Brook Two .Ventures,
Inc., the managing partner of Rye Brook Development Partners,
a New York Partnership, which executed the foregoing
instruAnt; that he knows the seal of said corporation; that
the seal affixed to said instrument is such corporate seal; j
that it was so affixed by order of the Board of Directors of
said corporation, and he signed his name thereto by like
order. "
Notary Public
WJ'TQN REM=
D141:ONE 1>us,ue,stato of X"twx
60-5294105
-'fed for walkhut"canal, .
900(� �lw.�NL,�Iaard
RECORD AND RETURN TO$
Milton Berner, Esq.
900 East Boston Post Road
Mamaroneck, NY -10543
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Tl � L(eER 9872WE 81
WESTCHESTER COUNTY RECORDINGAND ENDORSEMENT PAGE(THIS PAGE FORNS PART OF THE INSTRUMENT)
ADDITIONAL COMMENTS RECORD AND RETURN
i(
[TITLE COMPANY NUMBER
THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
f�
TYPE OF INSTRUMENT
(SEE CODES FOR DEFINITIONS) i
THE PROPERTY IS .SITUATED IN LIBER 72 . MORTGE. DATE
WESTCHESTER COUNTY, N.Y. IN
THE PAGE MORTGE, AMOUNT
02 TCWN OF BEDFORD
06 TOWN OF CORTLANIYP Zr EXEMPT YES NO
09 TOWN OF EASTCHESTER STAT'Y CHARGE REC'D TAX ON ABOVE MTGE:
11 TOWN OF GREENBURGH ""�
12 TOWN OF HARRISON REC'ING CHARGE { f BASIC $
16 TOWN OF LEWIS80RO
17 TOWN 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 NEW CASTLE CERT/RECEIPT SPECIAL $
23 CITY OF NEW ROCHELLE
24 TOWN OF NORTH CASTLE T O T A L TOTAL $
26 TOWN OF NORTH SALEM. --
28 TCWN OF OSSINING . )
30 CITY OF PEEKSKILL p SERIAL No.
31 TOWN OF PELHAM
35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: Q 1-6 OVER
36 CITY OF RYE
TCWN OF RYE RECEIVED DUAL TOWN
38 TOWN OF SCARSDALE �/� n�- 8 DUAL COUNTY/STATE
39 TCH'N OF. SOMERS
42 CITY OF WHITE PLAINS HELD
44 MOWN OF YORKTOWN AUG 16 1290 NOT HELD
REAL ESTATE krk
TRANSFER TAX ANDREW J. SPANO
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
TERMINAL No. DATE RETURNED
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EXAMINED BY G
WITNESS M AND A
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W w WESTCHESTER COUNTY CLERK
0aBq@2Rqqq 613019190GPA4A 25.06
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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.