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*EAS2* 37
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3 WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE
Sti (THIS PAGE FORMS PART OF THE INSTRUMENT)
THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT EAS-EASEMENT FEE PAGE 8 TOTAL PAGES 8
(SEE CODES FOR DEFINITIONS)
STAT'Y CHARGE 5.25 MORTGE. DATE
REC' ING CHARGE 24.00 MORTGE. AMT L 112
RECMGT FUND 4.75 EXEMPT YES NO PAGE
GE 267
EA 5217 .__.
TP-584 6.00 REC'D TAX ON ABOVE MTGE: THE PROPERTY IS SITUATED
CROSS-REF. 0.00 YONKERS $ IN WESTCHESTER COUNTY,
MISC. 0.00 BASIC $ NEW YORK IN THE:
ADDITIONAL $ TOWN OF RYE TOWN
SUBTOTAL $
TOTAL PAID MTA $
40.00 SPECIAL $
TOTAL PAID $
SERIAL NO.
$ 0.00
CONSIDERATION DWELLING 1-6 OVER
_ DUAL TOWN
RECEIVED: DUAL COUNTY/STATE
TAX AMOUNT $ 0.00
TRANSFER TAX# 0002242 HELD
NOT HELD
TITLE COMPANY NUMBER:
EXAMINED BY MAC2
TERMINAL CTRL# 95262RO01
DATE RETURNED
e^r y'se;t?%: i fx it ?t41i-PlcRF'pAA:a da aft
WITNESS MY HAND AND OFFICIAL SEAL
_� _"2 J
SECTION 1
rY� l�"�� �J►-]LS� BLOCK 5
LOT P/O 18D/1
TOWN OF RYE
VILLAGE OF RYE BROOK
COUNTY OF WESTCHESTER
STATE OF NEW YORK
DEED OF EASEMENT
NO. 4A
THIS EASEMENT MODIFICATION made this day of August, 1995
by and between RYE BROOK DEVELOPMENT PARTNERS (the fee owners being
hereinafter referred to as "Grantor") , a New York partnership
having an office at 115 Stevens Avenue, Valhalla, New York 10595,
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") .
WITNES SETH
The Grantor is the fee owner of all of the common areas of the
HIDDEN FALLS AT RYE BROOK HOMEOWNERS ASSOCIATION, INC. ("HOA
lands") and of the real property as shown and described as Lot No.
1 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 by Charles 11. Sells, Inc. , Civil
Engineers and Surveyors, Bedford Hills, New York and filed in the
County of Westchester as Map No. 23809 on July 28, 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 at 115 Stevens Avenue,
Valhalla, New York 10595 (formerly at 4 Stonefalls Court, Rye
Brook, New York 10573) , 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 heirs and assigns granting
to THE VILLAGE OF RYE BROOK, its successors and assigns, an
easement which by its terms creates a twenty-five (251 ) foot
Drainage Easement over Lot No. 1 for the benefit of THE VILLAGE OF
RYE BROOK. Said Easement, shown on Map No. 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. 4
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 8, 1989 as Map No. 23809; and
WHEREAS, a Field Change has been implemented by RYE BROOK
DEVELOPMENT PARTNERS and approved by the Department of Health of
■
the County of Westchester and the Director of Public Works whereby
the terms and conditions of Easement No. 4 as shown on 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 8, 1989 as Map No.
23809 are now modified; and
WHEREAS, the Field Change makes the drainage line more
efficient in its operation and will better serve the interests of
the fee owner of Lot 1 as well as HOA lands and THE VILLAGE OF RYE
BROOK.
NOW, THEREFORE, the Grantors in the consideration of One
($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 now identified as "Easement No. 4A" and
in place of Easement No. 4 on that certain map numbered 23809 as
herein referred to above.
The said Easement is located within por•:ions of Lot No. 1 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 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, or 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.
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 such distances below
and under the surface of the ground as may, -n 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
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.
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.
RYE BROOK DEVELOPMENT PARTNERS
A ew Yo k Partnership
by
MIT LL HOC
G, a President
of BROOK TWO S, INC. ,
Managing Partner o RYE BROOK
DEVELOPMENT PAR
HIDDEN FALT AT RYE BROOK
ILLCHBERG,
ASSO TION, INC.
1 �
by:
President
VILLAGE OF RYE BROOK, a duly
Inc rporated Village
a
by: qr/
SALVATORE: M. SENZI, Mayor
e
STATE OF NEW YORK }
COUNTY OF WESTCHESTER } ss. :
On this 0 day of August, 1995, before me personally came
MITCHELL HOCHBERG to me known, who, being by me duly sworn, depose
-
and say that he resides at Madden Place, Harrison, New York 10528,
that he is the President of Brook Two Ventures, Inc. , the managing
partner of Rye Brook' Development Partners, a. New York corporation
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 that he signed his name thereto
by like order.
Notary Public
AMANDA PRESTO
Notary public,State of New York
No.4901972
STATE OF NEW YORK } ouslified in Westchester county Gf
COUNTY OF WESTCHESTER } ss. : Commission Expires November 30,19—
On this o�� day of August, 1995, before me personally came
MITCHELL HOCHBERG to me known, who, being by me duly sworn, depose
and say that he resides at Madden Place, Harrison, New York 10528,
that he is the President of Hidden Falls Homeowners Association,
Inc. , a not-for-profit corporation 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 that he signed his name thereto by like order.
a"'1-
"
Notary Public
AMANDA PRESTO
STATE OF NEW YORK } Notary Public.
4901972Ne Yak
COUNTY OF WESTCHESTER } ss. • Qualified in Westchester County .
Commission Expires November 30, 19—
On this C&day of August, 1995, before me personally came
SALVATORE M. CRESENZI, to me known who, eir}g by me u y w o r
d se hand say that he resides at / ►'bO
h that is the Mayor of the
Village of Rye Brook a municipal y p corporation 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 Village Board of said
corporation, and that he signed his name thereto by like order.
USA S.MARINACCIO
Notary Pubic State
of New York Notary Public
Oualifted in Westchester Coun
Commission Expires May 31.19 (�
i
city q
i
I DESCRIPTION OF EASEMENT
II PREPARED FOR
ALAMIT PROPERTIES INC.
SITUATE IN THE
VILLAGE OF RYE BROOK
WESTCHESTER COUNTY. NEW YORK
ALL that certain lot , piece or parcel of land
situate, lying and being in the village of Rye Brook,
County of Westchester and State of New York, shown and
designated as a portion of lot No. 1 on a certain map
entitled "Subdivision Map of Rye Brook Estates situated
in the Village of Rye Brook, Westchester County, New
York" and dated January 20 , 1989 and filed July 28 , 1989
in the Westchester County Clerk's Office , Division of
Land Records , as Map No . 23809 and more . particularly
bounded and described as follows :
EASEMENT FOR DRAINAGE
BEGINNING at a point on the division line between
lot No. 1 on the south and the lands now or formerly
belonging to Rothenberg north on the as shown on the
above described filed map, thence along said division
line South 64° 58' 20" East 64 . 02 feet to a point on the
division line between lot No. 1 on the west and H.O.A. 2
on the east , thence along said division line South 26*
25 ' 00" West 10. 00 feet to a point , thence through lot
No. 1 North 64'58' 20" West 64. 02 feet to a point on the
division line between lot No. 1 on the east and lot No.
H.O.A. 1 on the west , thence along said division line
North 26'25 '00" East 10 .00 feet to the point or place of
Beginning, containing 640 square feet of land more or
less .
Prepared by: Chas. H. Sells , Inc.
Consulting Engineers
Bedford Hills , N.Y.
June 27 , 1995
88-078