HomeMy WebLinkAboutEasement Recorded (17) --- � - �-� I IIIII IIIIII IIIII IIIII IIIII II III 111111111111III IIII IIII �
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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 i
DEED OF EASEMENT
THIS DEED OF EASEMENT, made this 117 day of August,
19901 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:
i
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, 19891
and
WHEREAS, the Board of Trustees of the Village of
Rya 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 50 and common areas shown
on that certain' map known and designated at Map No. 23809
filed in the County Clerkis. Office of the County of
Westchester on July 28, 19891 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 Rye Brook, its successors
and assigns, an easement which by its terms creates a twenty
(209) foot Sewer Easement over lands to be conveyed to Hidden
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L IBER
9 8'72 phoE 59
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 t
been approved by Resolution of the Village of Rye Brook dated
February 14, 1989, is shown as Easement No. 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, 1989 as Map No. 23809.
NOW, THEREFORE, the Grantors in the consideration
of One 'and 00/100 ($1.00) Dollar, lawful money of the united ;
States, and other good and valuable considerations, do hereby
grant and release to the Grantee, a perpetual E;ewer easement
being identified as "Easement Number 7" on that certain map
numbered 23809 as herein referred to above.
The said easement is located within portions of HOA
6 as shown on said subdivision Map on, over, in and through
the following described premises as shown in schedule "A"
attached hereto and made a part hereof, lying and being in the
Village of Rye Brook, Town of Rye and County of Westchester,
and State of New York.
This easement is granted on the following terms and
conditions:
The Village of Rye Brook shall have the right at
any time of free ingress and egress for the purpose of
installing, constructing$ excavating for, reconstructing, . r
enlarging within the easement granted; duplicating, repairing
and maintaining pipelines for a sanitass. T sewer, without
becoming or being held liable for trespahe 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 s
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'tha ground as
may, in the judgment of the municipality having jurisdiction,
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;
USER 9872PHE .64 ,- ---��_-_..- -- ►
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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,
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.
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
j
five (5) feet on the side of said permanent easement, upon y
condition that such piling of earth and construction material
will be replaced as promptly as feasible after any removal,
repair pr replacement will be performed as expeditiously as l'l
conditions perwit, and the premises shall be restored to its 1
previous condition to the extent reasonably possible. k •
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,
i
A w York Partnership
By:
M as ea nt
of BROOK 0 VENTURES, INC.
Managing Partner of RYE BR K
DEVELOPMENT PARTNERS
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CHICAGO TITLE INSURANCE COMPANY
- TITLE NOa 90I0-00838
SCHEDULE A - DESCRIPTION
EASEMENT NO. 7
ALL that certain plot, piece or parcel of land, situate, lying an
being in the Village of Rye Brook, Town of Rye, County of Westchester and State
of New York, shown and designated as Easement No. 7 on a certain map entitled,
"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 Clerk'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 southerly side of Longledge Drive.
distant 121.69 feet easterly, as measured along the southerly side of Longledge
Drive, from a point where the same is intersected by the division line between
Lot No. 11 and Parcel HOA6;
Running thence easterly along the southerly side of Longledge Drive
along a curve to the left having a radius of 225.00 feet, a distance of 44.13
feet;
Thence through Parcel HOA6, South 35 degrees 00 minutes 00 seconds
East 43.03 feet and South 45 degrees 40 minutes 00 seconds East 33.70 feet to
a point on the northwesterly line 3f Easement No. 1 as shown on filed Map No.
23809;
Thence through Parcel HOA6, North 45 degrees 40 minutes 00 seconds
West 36.89 feet and North 35 degrees 00 minutes 00 seconds West 84.16 feet
to the southerly side of Longledge Drive to the paint and piste of beginning.
i
DESCRIPTION ,
PAGE 11 OF 20
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-� LIBOR 9872PAGE 62
i STATE OF NEW YORK }
• } BS.O
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COUNTY OF WESTCHESTER)
_V
On the W:�day of August, 1990, MYTCHELL HOCHBERG,
before m* personally came to me known, who, being by as duly
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, s
a New York Partnership, which executed the foregoing
t i
- 'E instrulblant; that he knows the seal of said corporations that
the seal affixed to said instrument is such corporate seal; 1
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
KMTaN erg,
Dl0l:ONE %Satnry.RNo 00.6294105
,.wd%or Wnteh•stor county.,
V�ds77!/1'.auuL C2uasrd
YWAa
RECORD AND RETURN TO:
Milton Berner, Esq.
900 East Boston Post Road
Mamaroneck, NY 10543
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STER WMCHE COUNTY RECORDING ANDENDORSEMENT PAGE(THIS PAGE FORTISPART OF THE INSTRUMENT)
,
ADDITIONAL COMMENTS RECORD AND RETURN
TITLE COMPANY NUMBER
THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT --
(SEE CODES FOR DEFINITIONS)
THE PROPERTY IS SITUATED IN LIBER MORTGE. DATE
WESTCHESTER COUNTYt N.Y. IN
THE PAGE MORIGE. AMOUNT
02 TOWN OF BEDFORD
06 TOWN OF CORTLANDT �L J EXEMPT YES NO
09 TOWN OF EASTCHESTER STAY Y CHARGE REC-D TAX ON ABOVE MTGE:
11 TOWN OF GREENBURGH r
12 WIN OF HARRISON REV ING CHARGE ! � BASIC $
16 TOWN OF LEMISBORO
17 TOWN OF MAMARONECK REC. MGT. FUND C / ADDTL $
19 TOWN 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 N94 ROCHELLE
24 WV OF NORTH CASTLE T 0 T A L. TOTAL $
26 TOWN OF NORTH SALEM
28 TOWN OF OSSINING
30 CITY OF PEEKSKILL n Q SERIAL No.
31 TOWN OF PELHAM
.35 TOWN OF POUND RIDGE CONSIDERATION'^ DWELLING: Q 1-6 Q DYER
36 CITY OF RYE
TOWN OF RYE RECEIVES DUAL TOWN
38 TOWN OF SCARSDALE DUAL COUt1I'Y/STATE
39 TOWN OF SCMERS $ (l= t J !.-
42 CITY OF WHITE PLAINS HELD -
43 CITY OF YONKERS S q NOT HELD
44 TOWN OF YORKTOWN [QUO
REAL ESTATE
' TRANSFER TAX ANDREW J. SPANO
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
TERMINAL No. DATE RETURNED
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ul pp �r EXAMINED BY �
7 Ntl WITNESS MY D AND [
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"_ {� WE93�C�96&ER COUNTY CLERK
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000027BD00 08/16/90CPA/EA 25.00
09:06
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.
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