HomeMy WebLinkAboutEasement Recorded (13) •
3� section 1
Block 5
Lot P/O 18D, Lot 18 D/S
Town of Rye
Village of Rye Brook
County of Westchester
State of New York
DEED OF EASEMENT
l THIS DEED OF EASEMENT, made this �� day of August,
1990, 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
situate in the Village of Rye Brook,
of Rye Brook Estates"
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 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 he rs and
assigns granting to the Village of Rya Brook, its successors
and assigns, an easement which by its terms creates a twenty
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LJB�R 9871PAGE332a�
(201) foot Drainage Easement over Lot No. s9 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 ;4
the Village of Rye Brook dated February 14, 1989, is shown as
Easement No. 18 and HOA parcel 7 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, i-
1989 as Map No. 23809.
NOW, THEREFORE, the Grantors in the consideration
of One and 00/100 ($.1.00) boilar, 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 18" on that certain map
numbered 23809 as herein referred to above.
1
The said easement is located within portions of Lot
No. 59 and.an HOA parcel 7 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 L
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 twenty (200) foot drainage
installation, 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, 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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41aER 9871PAGE333 '
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 drainage
installation 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 drainage 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 drainage lines 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 drainage• lines_ 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,
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
instrument the date and year first above written.
i
RYE BROOK DEVELOPMENT PARTNERS, f
A New York Partnership j
BY4of
4�HELL HOCHBERG as P s dent
.BROOK TWO VENTU , INC.,
Managing Partner of RYE BROOK
DEVELOPMENT PARTNERS
- 3 - 4
D100,E-18
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Lim 9871PmE334
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CHICAGO TITLE INSURANCE COMPANY f
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TITLE NOt 9010-00836
SCHEDULE A DESCRIPTION
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EASEMENT NO. 18
ALL that certain plot, piece or parcel of land, situate, lying and f 1
being in the Village of Rye Brook, Town of Rye, County of Westchester and State
Of New York, shown and designated as Easement No. 18 on a certain map entitled, '
"Subdivision Map of Rye Brook Eatates situated in the Village of Rye Brook,
i 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, hounded and described as follows: q
BEGINNING at a point on the southeasterly side. of the turn-around of
Hidden Pond Drive distant 23.68 feet southwesterly, as measured along said side
of Hidden Pond Drive, from a point where the same is intersected by the
division line between Lot 60 and Parcel HOA7 as shown on the abovementioned
filed Map No. 23809; running thence through Parcel HOA7, South 36. degreea 30
minutes 00 seconds East 74.57 feet to the westerly line of"land now or formerly
H. Kulish;
4
Thence along land now or formerly of Kulish, South 16 degrees 58
minutes 50 seconds West 24.89 feet;
i
Thence in part through Parcel HOA7 and in part through Lot No. 59,
North 36 degrees 30 minutes 00 seconds West 91.22 feet to a point on the south-
easterly aide of the turn-around of Hidden Pond Drive;
Thence northeasterly along the southeasterly aide of the turn-around
of Hidden Pond Drive along a curve to the left having a radius of 60.00 feet,
a distance of '20.18 feet to the point and place of beginning.
DESCRIPTION •
PAGE 17 OF 20
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STATE OF NEW YORK }
COUNTY OF WESTCHESTER)
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On the 'day of August, 1990, MITCHELL HOCHBERG,
before me personally came to me known, who, being by me duly rc
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; that
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'.
Notary Public WLTON nrn;Nzs"
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RECORD AND RETURN TOs
Milton Berner, Esq.
goo East Boston Post Road
Mamaroneck, NY 10543
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M WESTCHESTER CODMrif RECORDING AND EMDM MEIR PAGE
M (7HIS PAGE FORMS PART OF THE INSTRUMENT)
c» FAV a'i
ADDITIONAL COMMENTS RECORD AND RETURN
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TITLE COMPANY NUMBER
ci2
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THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT _ /C/7 J_
(SEE CODES FOR DEFINITIONS)
THE PROPERTY IS SITUATED IN L1BER MORTGE. DATE
WESTCHESTER COUNTY,, N.Y. IN 2
THE PAGE 33 MORTGE. AMOUNT
02 TOWN OF BEDFORD
06 TOWN OF CORTLANDT 2}^ EREMPT YES ND
09 TOWN OF EASTCHESTER STAT'Y CHARGE RECID TAS'ON ABOVE MTGE:
I1 TOWN OF GREENBURGH ^^�
12 TaWN'OF HARRISON REC'ING CHARGE BASIC $
16 TCWN OF LEWISBORO
-- 17 TOWN OF MAMARONECK REC. MGT. FUND _ 912 r ADDTL $
19 TOWN OF MT. KISCO
20 TCWN 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 �) , SERIAL No.
31 TOWN OF PELHAM $ AA!Rl Z-
35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: Q 1-6 Q OVER
36 CITY OF RYE DUAL TOM
OF RYE RECEIVED DUAL COUNTY/STATE
)C(���9 TOWN OF SCARSDALE TOWN OF SCMERS $
42 CITY OF WHITE PLAINS + HELD
43 CITY OF YONKERS C �(�'(� NOT HELD
44 TOWN OF YORKTOWN AUG U G
REAL ESTATE 0 TRANSFER TAX ANDRFW J. SPANO •
�
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
TERMINAL No DATE RETURNED
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0 � U EXAMINED BY
W � ?y WITNESS M AND
i�••'` RE Z5PANO 7
WES1 ESTER oUNTY CLERK
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09,11
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.