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LIBER 9y87PAGE3JL
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Section 1
Block 5
Lot_P/O 16D, Lot 1S D/S
Town of Rye
village of Rye Brook
County of Westchester
State of New York
DEED OF EASEMENT
THIS DEED OF EASEMENT, made this 11th day of
February, 1991, 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,
. 1 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 the real property
known as Lot No. 35 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, 1969; 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 I DEVELOPMENT .PARTNERS (the Grantor herein), into sixty (60)
lots, designated Lot Nos. 1 through 60 and common areas shown
ion that certain map known and designated at Map No. 23809
filed in the county Clerks 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
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and assigns, those sanitary sewer easements which by their
terms and conditions create sewer easements for the benefit
of the Village of Rye Brook and for the fee owners, their
heirs, successors and assigns, who shall be homeowners
and/or residents of the subject subdivision; and
WHEREAS, in the design and construction of the
sanitary sewer system within the subdivision, it becomes
necessary for the sound and efficient operation and use
thereof to create an easement of a width of five (5) to six
(6) feet under Lot No. 35 and as further described in
Schedule "A" annexed hereto and made a part hereof.
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
easement as described on Schedule °A'0 attached.
• The said easement is located within portions of
Lot No. 35 on the herein described Subdivision. The
easement is further described in Schedule 0A° hereto annexed
and made a part hereof, the premises lying and being in the
Village of Rye Brook, Town of Rye and County of Westchester,
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 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.
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L1BER J 9987PA014
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' 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 surroundint ground as nearly as
possible to its former condition, including trees and shrubs
where disturbed.
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
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,
irepair 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.
IN WITNESS WHEREOF, the Grantor has executed this !
instrument the date and year first above written.
RYE BROOK DEVELOPMENT PARTNERS,
A New York Partnership
By
MITCHELL HOCHBERG, 4s P dent �
of BROOK TWO VENTURES, INC.,
Managing Partner of RYE BROOK
DEVELOPMENT PARTNERS
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LIBER 998UGE3i�
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ALL that-ermin?ieoe or 9aresi of:sad at:athar with ail :Mprove=IM trcon.Seinsj
in the Villager' own of jyebrook,County of We4rcaestdr znd Stste of New York, sulk sewcr
easement axing more panicularly bounded and described 25 follows:
BECINI•A.:jG at a,point on ba southerly Soand;ry:tne of!analxi"e give;aid?airs
bain�to wnhrast;orhdr of tot:to.33 is 20'wn on 3ubdiviseo3 413n, Ryae:ook?statcs, ril:!d
in t,".e Westc:..tesrer County Clerz's CfflCe, .riviakan of'-and 2acbrds ors:uiy'M 1-989-w Map
Nu.338C9: hence southerly along ha division li:,a set:waett pot ao. 14 on rha ant Ind tot au.
3S on the west-Routh 33.30'00' zest 5.%east M s point Stance w4terly through tot no. 33
South 53.07'GO'urns 33.42 :oat to A point on the division lina between!at no.3.1 on tits east
sand lot no.36 on the we4t theAco'Along this Jivisioa tine North 47°30'M"wast 5.05 Nct:o a
• �lae on the southerly boundary Ilse of"nyiedp C::.-.Iva thence tastarly alossg it 3autherly
Wunduy line of LangWge Drive on a curvy to the right haviag a radluS of 4MCO feat,a Central.
an>:lo of I I*34'SS"for a dlstance of 85.92 Sat to the palm or place of beginniM7,
CHAS.H.SELLS,INC.
Consulting Eaginters&Surveyors
Radfow Tillie.New York
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LIBER 99$7AAGE3146
STATE OF NEW YORK }
COUNTY OF WESTCHESTER)
On the day of February, 1991, MITCHELL
HOCHBERG* before as personally came'to no known, who, being by
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me duly sworn, did depose and say, that he resides at Madden
Place, Harrison, New York, is the President of Brook Two
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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
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said corporation, and he signed his name thereto by like I
order.
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Notary Public
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MISER 998 7PA01 1
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NEMUESTIR MW RECORDING AM ENpM M U PAGE
Lm RMS(THIS PAGE FQ PART OF THE IMSTRtMM)
GO
CT. ADDITIONAL COMMENTS RECORD AND RETURN
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TITLE COMPANY NUMBER
THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
i
TYPE OF INSTRUMENT
(SEE CODES FOR DEFINI[TIIONNS)y
THE PROPERTY IS SITUATED IN LIBER -;<j / MORIGE. DATE •
WESTCHESTER COUNTY, N.Y. IN -�T---
THE PAGE MORTGE. AMOUNT
02 TOWN OF BEDFORD
06 TOWN OF CORTLANDT EMPT YES NO
09 TOM OF EASTCHESTER STAT'Y CHARGE REC'D TAX ON ABOVE MTGEI
11 TOWN OF GRF.ENBURGH j
12 TOWN OF HARRISON REC'ING CHARGE: BASIC $
16. TOWN OF LEWISBORO
17 TOWN OF MAMARONECK REC. MGT. FUND ADDTL
! $
1IIITGWN OF MT, KISCO IIE
20 TOWN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $ F
21 CITY OF MT. VERNON
22 TOWN OF NEW CASTLE CERT/RECEIPT SPECIAL $
23 CITY OF N94 ROCHELLE
24 TOWN OF NORTH CASTLE T O T A L TOTAL $ I
26 TOWN OF NORTH SALEM
28 TAM OF OSSINING
30 CITY OF PEEKSKILL SERIAL No.
31 TOWN OF PELHAM $ Q
35 TOWN OF POUND RIDGE SIDERA DWELLINGS 0 1-6 Q OVER
36 CITY OF RYE
i [g?TOWN OF RYE RECEIVED DUAL TOWN
38 TOWN OF SCARSDALE 8 DUAL COUNTY/STATE
39 TOWN OF SOMERS $42 CITY OF WHITE � n
HELD
43 CITY OF YONKERSLAINS Q NOT HELD
44 TOWN OF YORKTajN `*` R. w
REAL ESTATE •
w TRANSFER TAX ANDREW J. SPANO
N w WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
L 1 nct
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•�'- TERMINAL No. DATE
EXAMINED BY
10E _•4� WITNESS M D AND S
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.ANDREW 'PANG
WESTCHES'TER CQUNW CLERK
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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
j REPRESENTATIVE OR ATTORNEY.