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HomeMy WebLinkAboutEasement Recorded (12) � :�-��� - --�-�-�---= I IINI�III�I IIIII IIII���II��I4II IIl �.. ��:•,.�-.: . - - UBER .g 8"71 PAGE 3 3 7 Section 1 Block 5 Lot P/O 18D, Lot 18 D/S Town of Rye (. Village of Rye Brook ' County of Westchester E, State of New York . DEED-OF EASEMENT THIS DEED OF EASEMENT, made this / day of August, �.. 19.90, 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 i Rye Brook on. February 14, 1989, approved the subdivision of a the subject property, formerly owned in fee by BROOK TWO VENTURES, Ii3C., 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 i filed in the County C1erk0s 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 ha rs and assigns granting to the Village of Rye Brook, its successors and assigns, an easement which by its terms creates a Sewer f s Easement over Lot No. 60 as well as over land to be deeded to Hidden Falls at Rye Brook Homeowners Association, Inc. p. (referred to as "HOA") for the benefit of the Village of Rya 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. 17 on the easement table of the map entitled Subdivision Map of Rye i 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. i t NOW, THEREFORE, the Grantors in the consideration of One and o0/loo ($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 17" on that certain map 1 numbered'23809 as herein referred to above. "! }: The said easement is located within portions of Lot • No. 60 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 j 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 1 any time of free ingress and egress for the purpose of installing, constructing, excavating for, reconstructing, enlarging within the easement granted; duplicating, repairing i and maintaining pipelines for a sanitary sewer, without j 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, 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. .. 2 _ • Y: LiaEs 9871�bc� 39 ` 4 1 i The Grantors on behalf of themselves, their successors and assigns consent and hereby grant to the Grantee s . the right and privileges to repair or replace sewer pipes at such distances below and under the surface of the ground as r 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, s. with the privilege to the Village of Rye Brook, its employees, S'{ 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. i 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 ' 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, l 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. • i IN WITNESS .WHEREOF, the Grantor has executed this instrument the date and year first above written. RYE BROOK DEVELOPMENT PARTNERS, A New York Partnersh p By: MITCHELL HOCHBERG, s Pr s dent of BROOK TWO VENTURES, C., -` Managing Partner of E BROOK DEVELOPMENT PARTNERS 'i I. ti .. 9 D100sE-17 . r E. } i 198ER�9871 PAoE340 CHICACO TITLE INSURANCE COMPANY TITLE NO: 9010-00838 SCHEDULE A - DESCRIPTION ti s. EASEMENT NO. 17 • 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. 17 on a certain mapentitled, "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 Cleik'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 southeasterly side of the turn-around of Hidden Pond Drive where the same is intersected by the division line between Lot No. 60 and Parcel HOA7 as shown on the abovementioned filed Map No. 23809; Running'thente northeasterly along the southeasterly side of the turn-around of Hidden Pond Drive along a curve to the left having a radius of 60.00 feet, a distance of 15.94 feet; . Thence through Lot 60,- South 82 degrees 00 minutes 00 seconds East 53.20 feet and North 14 degrees 00 minutes 00 seconds East 94.43 feet to the division line between Lot-60 and-Parcel HOA8 as shown on filed Map No. 23809; Thence along said division line, North 87 degrees 23 minutes 50 seconds East 13.03 feet to land now or formerly 'o£ W. Carlucci; DESCRIPTION . PACE iS.OP 20 - -- ___ 40 LIBER 9871PAGE341 .i CHICAGO TITLE INSURANCE COMPANY TITLE NO: 9010-00838 SCHEDVLE A - DESCRIPTION EASEMENT NO. 17 continued Thence along said land, South 2 degrees 36 minutes 10 seconds East 78.00 feet to the division line between Lot 60 and Parcel HOA7; Thence along said division line, South 51 degrees 00 minutes 00 seconds Nest 69.25 feet; and North 63 degrees 30 minutes 00 seconds Nest 48.51 feet to the, • southeasterly side of the turn-around of Hidden Pond Drive to the point and. place of beginning. k; �I DESCRIPTION PAGE 16 OF 20 k• i I f I, - LIBER 9871PA042 STATE OF NEW YORK } COUNTY OF WESTCHESTER}' i 419 on the A/'day of August, 1990, MITCHELL HOCHBERG, ` 4 before ma personally came to me known, who, being by ma duly n sworn, did depose and say that he resides at Madden Place, ?, Harrison, Now York, is the President of Brook Two ventures, ! ! a Inc., the managing partner of Rye Brook Development Partners, a a New 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; I , that it was so affixed by order of the Board of Directors of said corporation, and he signed his name thereto by like order. nff�xox Notary Publ �,ry Publfe, Yaff > No. 60-5294L16b +Pj. lI wlt for W6pC,_b dqr Cc Nom�uuw�oa YsykN a6axc][l0,sy,� i D101:ONE RECORD AND RETURN TO% Milton Bernerr Esq900 East Boston - Road Mamaroneckv NY 10543 ' I ueE� 987 WESTCHESTER COUNTY RECORDING AND EMDORSEREIt7 PAGE (THIS PAGE FORTIS PART OF THE INSTRUMENT) ADDITIONAL COMMENTS RECORD AND RETURN TITLE COMPANY NUMBER s, i THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOW$: TYPE OF INSTRUMENT �..J - ' (SEE CODES FOR DEFINITIONS) ' THE PROPERTY IS SITUATED IN LIBER � MORTGE. DATE WESTCHESTER COUNTY, N.Y. IN THE PAGE 3k3 MORTGE. AMOUNT 02 TOWN OF BEDFORD 016 TOWN OF CORTLANDT L EXEMPT YES NO 09 T" OF EASTCHESTER STAT'Y CHARGE REC'D TAX ON ABOVE MTGE: 11 TOM OF GREENBURGH (}! 12 TOWN OF HARRISON REC'ING CHARGE BASIC $ 16 TOWN OF LEWISBORO 17 TOWN OF MAMARONECK REC. MGT. FUND �? ADDTL' $ 19 Ta N 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 TOWN OF OSSINING 30 CITY OF PEEKSKILL „ Ir���� SERIAL No. 31 TOWN Off' PELHAM $ /(/tom 35 TOWN OFF POUND RIDGE CONSIDERATION DWELLING: Q 1-6 Q GM 36 CITY OF RYE ©TOWN OF RYE RECEIVED DUAL TOWN 38 TCWN OF SCARSDALE DUAL OOUNTY/STATE 39 TOWN OF SOMERS $ ✓�'/✓y� 42 CITY OF WHITE PLAINS HELD 43 CITY OF YONKERS /��' n C1 NOT HELD 44 TOWN OF YORKTOWN �i�G REAL ESTATE TRANSFER TAX ANDREW J. SPANO i WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK TERMINAL No. DATE RETURNED . � 0 � Qp i� EXAMINED BY Cam//++/ yj WITNESS MY D 'F•ICIAL SEE LL1 W "w ANDREVI PANO WESTCHESTER-COUNTY CLERK �.; 09.11 'i ;f THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH j THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT. QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR REPRESENTATIVE OR ATTORNEY. - --