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Home My WebLink AboutEasement Recorded (16) T *EAS2* 37 TER *** DO NOT REMOVE *** 3 WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE ET (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 LIBER: 11250 RECMGT FUND 4.75 EXEMPT YES_ NO_-__ PAGE 61 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# 0002888 _ HELD NOT HELD TITLE COMPANY NUMBER: EXAMINED BY MAC2 TERMINAL CTRL# 95271RO78 DATE RETURNED i?:r�F_§ RiiFa ."sC}�� IZ}ctCi*ads -tl A41 WITNESS MY HAND AND OFFICIAL SEAL .� .-"? J_ ') 7-- r? T SECTION 1 ..... it e}P0R �� ON BLOCK 5 LOT P/O 18D/6 TOWN OF RYE Ns;o! York 60 VILLAGE OF RYE BROOK COUNTY OF WESTCHESTER STATE OF NEW YORK DEED OF EASEMENT NO. 3A THIS DEED OF EASEMENT 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. 6 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 H. 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 s 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 Nc. 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 (201 ) 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" and known as HOA-1 and HOA-7) 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. 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 Land Records on July 8, 1989 as Map No. 23809. 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. 3 as recorded in Liber 9872, Page 88 are now extinguished; and WHEREAS, the Field Change makes the sewer line more efficient in its operation and will better serve the interests of the fee orriner of Lots 5 and 6 as well as 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. 3A" and in place of Easement No. 3 on that certain map numbered 23809 as herein referred to above. The said Easement is located within portions of Lot No. 6 and lands to be conveyed to the HOA as HOA-1 and HOA-7 as a portion of HOA lands on said Subdivision Map on, over, in and through the following described premises as shown in 1ichedule "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, a r 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, 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, 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 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 i 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 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 y: ITCHELL HOCHBERG, as sident of BROOK TWO VE S, INC. , Managing Partner of RYE BROOK DEVELOPMENT PARTNERS HIDDEN FALL AT RYE BROOK HOMEOWNERS ASSOCIATION, INC. by: HO BERG, Pres ent r STATE OF NEW YORK } COUNTY OF WESTCHESTER On this � 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 Venturos, 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 } Qualified in Westchester County COUNTY OF WESTCHESTER SS. . Commission Expires November 30, On this -V 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 Hcmeowners 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 corp o tion, . and that he signed his name thereto by like order. Notary Public AMANDA PRESTO Notary Public,State of New Yotk No.4901972 Qualified in Westchester County Commission Expires November 30, 19.9-S a F !I II DESCRIPTION OF EASEMENT PREPARED FOR ALAMIT PROPERTIES INC. r 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 then Village of Rye Brook, County of Westchester and State of New York, shown and designated as a portion of lot No . 6 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 : I DESCRIPTION OF A SEWER EASEMENT i COMMENCING at a point on the northeasterly division { line between lot No . 6 on the west and lot No . HOA 1 on the north, thence along said division line North ??° 30 ' 00" West 64 . 33 feet to the POINT OF BEGINNING, thence though the abovementioned lot No . 6 South 40' 36 ' 00" j West 59 , 42 feet to a point on the division line of lot ` No . HOA 7 on the west and lot No . 6 on the east as shown on the above described filed map, thence along said division line North 26' 25 ' 30" East 54 . 00 feet to a point on the division line between lot No . 6 on the south and lot No. HOA 1 on the north, thence along said division line South 77' 30 ' 00" East 15 . 00 feet to the POINT OF BEGINNING, containing 393 square feet of land more or less . Prepared by: Chas . H. Sells , Inc . Consulting Engineers Bedford Hills , N. Y. May 15 , 1995A