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HomeMy WebLinkAboutEasement Recorded (14) �-�� I IIIII IIIIII IIIII lull lull lull dill 11111 illll illl illi i LIBER 8 7 2 PdGE� s 4 Section 1 fly Block 5 j ;l 1 Lot P/0 18D, Lot 18 D/8 ' Town of Rye Village of Rye Brook s County of Westchester State of New York DEED OF BASEMENT i L/ ! THIS DEED OF EASEMENT, made this l"i day of August, j 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"). t 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 l 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 i Westchester on July 28, 1989; and ? WHEREAS, such approval was conditioned, inter-alia, upon BROOK TWO VENTURES, INC., .its successors, its he fro and assigns granting to the Village of Rye Brock, its successors . and assigns, an easement which by its terms creates a twenty (200) foot Sewer Easement over lands to be deeded to Hidden }(4F } Irr , tfB�R 9872phoE 65 G. Falls at Rye Brook Homeowners Association, Inc. (referred to as "HOA") as well as lands to be dedicated to the Village of Rye Brook for a Public Road 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. 6 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 Clerkis office, Division of Land Records, on July 28, 1989 as Map No. 23809. NOW, THEREFORE, the Grantors in the consideration of one and 00/100 ($1.00) Dollar, lawfiil money of the united States, and other"good and valuable considerations, do hereby grant and release to the Grantee, a perpetual twenty (201) foot sewer easement being identified as "Easement Number 6" on that certain map numbered 23809' as herein referred to above. The said easement is located within portions of HOA (lands to be conveyed to the HOA on said Subdivision Map) and HOA 6 and in the bed of "Parcel C" (Longledge Drive) 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 s 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, 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 ' F LIBER 9872mE 66 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, a agents, assigns, servants and/or officers, to enter upon said F premises at any time for the inspection and maintenance of � said sewer line and to pass and re-pass over the premises as i may be necessary for the purposes herein set forth. =r The Grantors also grant a temporary easement during .r 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, 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 i instrument the date and year first above written. RYE BROOK DEVELOPMENT PARTNERS, A New York Partnership g MI ELL HOCHHERG�as of HROQK TWO VE TUR Managing Partner of RYE BROOK DEVELOPMENT PARTNERS 3 I I1 D100:E-6 i i •'ter i, L1BER 9 S'7 PAGE s CHICAGO TITLE INSURANCE COMPANY _ k + TITLE NO: 9010-00838 SCHEDULE A - DESCRIPTION EASEMENT NO. 6 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. 6 on a certain map entitled, "Subdivision Hap 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 Hap No. 23809, bounded and described as follows: BEGINNING at a point on the southerly side of Longledge Drive where ' the same is intersected by the division line between Lot 10 and Parcel HOA6 as shown on the abovementioned filed Map No. 23809; Running thence in part along said division line and through Parcel HOA6, South 80 degrees 30 minutes 00 seconds West 120.40 feet and North 45 degrees 40 minutes 00 seconds West 23.09 feet to the southeasterly line of Easement No. 1 as shown on filed Map No. 23809; Thence along the sane, North 40 degrees 31 minutes 29 seconds East 20.04 feat; Thence through Parcel HOA6, South 45 degrees 40 minutes 00 seconds East 14.27 feet and North 80 degrees 30 minutes 00 seconds East 94.45 feet to the southerly aide of Parcel C - Longledge Drive; Thence easterly along the southerly side of Longledge Drive along a curve to the right having a radius of.175.00 feet, a distance of 25.51.feet to the point and place of beginning. DESCRIPTION i PAGELO OF 20 t LIBEB STATE OF NEW YORK } COUNTY OF WESTCHESTER) i On the /7 day of August, 1990, MITCHELL HOCHBERG' is i before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at Madden Place, , t 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 3 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. 1p Notary Public fuvrax�ez»s' ,q,ur7 Pµ 51,state of Mn[York D101:ONE Ino. eo-azs+los `:,01ntcd for Wostcheatar Oonn f'utaslHl6�1YA Nzy1r#1 March 00,10 / 'goo C mlw��v6 ..�nwrbw.oE,.JYr'.�.105//J RECORD AND RETURN TO: Milton Berner, Esq. 900 East Boston Post Road. Mamaroneck, ,NY 10543 { a G �' yy ItR USER 9 S 7 2 PAGE 69 NESTCHESTEH COMY RECOMIHG AND ENDORSENEKT PAGE (THIS PAGE FORMS PART of THE m5muMEHT) ADDITIONAL COMMENTS RECORD AND RETURN ;s TITLE COMPANY NUMBER THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT Lb (SEE CODES FOR DEFINITIONS) THE PROPERTY IS SITUATED IN LIBER MORTGE. DATE WESTCHESTER COUNTY, N.Y. IN THE PAGE MOR7GE. AMOUNT 02 TOWN OF BEDFORD } 06 TOWN OF CORTLANDT �L� EXEMPT YES NO 09 T WN OF EASTCHESTER STAT*Y CHARGE REC'D TAX ON ABOVE MTGE: 11 TOWN OF GREENBURGH 12 TOWN OF HARRISON REV ING CHARGE BASIC $ 16 TOWN OF LEWISBORO MAMARONEC AD� $ 17 1YX+TN OF MAMARONECK REC. MGT. FUND 1 19 TOWN OF MT. KISCO 20 TOWN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $ 21 CITY OF MT. VEP.NON 22 TOWN OF NEW CASTLE CERT/RECEIPT SPECIAL $ 23 CITY OF NEW ROCHELLE 24 TOWN OF NORTH CASTLE TOTAL TOTAL $ 26 T WN OF NORTH SALEM 28 TOWN OF OSSINING s 30 CITY OF PEEKSKILL / SERIAL No. 31 TOWN OF PELHAM $ V ai V C, 35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: ❑ 1-6 Q OVER 36 CITY OF RYE TOWN OF RYE RECEIVED DUAL TOWN 38 TOWN OF SCARSDALE I. DUAL COUNTY/STATE 39 TOWN OF SCMERS $ ex, �� 1 42 CITY OF WHITE PLAINS HELD 43 CITY OF YONKERS NOT HELD 44 TOWN OF YORKTOWN AUG REAL ESTATE •' TRANSFER TAX ANDREW J. SPANO WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK TERMINAL No. DATE RETURNED m � V d } EXAMINED BY !!1 az WITNESS AND OFF SEAL r 0 0 tLl xw ANDR P o W WESTC� UO ���IY161E1R/EA 25.00 m La THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH I' THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT. 1- QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR REPRESENTATIVE OR ATTORNEY.