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section l
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
1 4L
THIS DEED OF EASEMENT, made this day of August,
1990, by and between RYE BROOK DEVELOPMENT PARTNERS (the fee
owners being hereinafter referred to as "Grantor"), a Now 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•
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 Piled in
the County of Westchester as map No. 23809 on July 2sth, 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 Pee by BROOK TWO
VENTURES, INC., a New York corporation with offices located
f 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
Westchester on July 28, 19s9; and
WHEREAS, such approval was conditioned inter-alia,
i
upon BROOK TWO VENTURES, INC., its successors, ta he Xs and
assigns granting to the Village of Rye Brook, its successors
and assigns, an easement which by its terms creates a twenty
IIBER 9872phoE
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{201) foot Sewer Easement over Lot No. 28 as well as over land
= to be deeded to Hidden 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 been approved by Resolution of
the Village of Rye Brook dated February 14, 1989, is shown as
Easement No. 12 as well as HOA 8 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 f
of one and o0/180 ($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
identified as "Easement Number 12" on that certain map
numbered 23809 as herein referred to above.
The said easement is located within portions of Lot
No. 28 and lands to be conveyed to the HOA (Parcel 8) 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,
Town of Rye Brook 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 a sanitary sewer, without
becoming or being held liable for trespass. The Village of ;
Rye Brock 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.
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LIBER 98 72PAGE 26
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The Grantors on behalf of themselves, their q
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 e
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 } J
premises at any time for the inspection and maintenance of
said sewer line and to-pass and re-pass over the premises as t
may be necessary for the purposes herein set forth. ;
f
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,
i 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.
IN WITNESS WHEREOF, the Grantor has executed this
instrument the date and year first above written.
RYE BROOK DEVELOPMENT PARTNERS,
A'. ork Partnership
By.
MITCHE L HOCHBERG, as res. nt
of BROOK TWO VENTURES, INC ,
Managing Partner of RYE OOK
DEVELOPMENT PARTNERS
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D100:S-12
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LIBER` 9872P&GE 27
riw CHICAGO TITLE INSURANCE COMPANY
TITLE NO: 9010-00838
SCHEDULE A DESCRIPTION
EASEMENT NO. 12
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. 12 on a certain map entitled
"Subdivision yap 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 common corner of Lot No. 28, Parcel
HOA11 and Parcel HOA8 as shown on filed Map No. 23809;
Running thence along the division line between Lot No. 28 and
Parcel HOA11, North 19 degrees 37 minutes 47 seconds West 34.28 feet;
Thence through Lot No. 28 and Parcel HOA8, South 58 degrees 00
minutes 00 seconds East 171.88'feet and South 10 degrees 30 minutes 00 seconds
East 49.60 feet to the northwesterly line of'Parcel "B" shown on filed Map
No. 23809;
Thence southwesterly along the northwesterly line of Parcel "B"
along a curve to the right having a radius of 500.00 feet, a distance of
28.83 feet;
Thence through Parcel HOA8, North 10 degrees 30 minutes 00 seconds
West 61.56 feet and North 58 degrees. 00 minutes 00 seconds West 137.82 feet
to the point and place of beginning.
DESCRIPTION
PAGE 14 OF 20
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k. LIBER 9872PAcE 28 ,
STATE OF NEW YORK }
} ss..
COUNTY OF WESTCHESTER)
On the f day of August, 1990, MITCHELL HOCHBERG,
before me personally came to me known, who, being by me 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, {
a New York Partnership, which executed the .foregoing {
instruments that he knows the seal of said corporation; that
j the seal affixed to said instrument is such corporate seals ,
that it was so affixed by order of the Board of Directors of
said corporation, and he signed his name thereto by like
order.
i
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Notary Public ML.Tox BaazfEx
Votary Public,state of Nair Tot
_ No. 60.3204105
ofotad!or WntchuAr On
i unuaa.10a X92Lrw March 80.iv /
Di01:ONE pp
RECORD AND RETURN TOs
Milton Bernet, Esq•
Pos
MamaroneckpsNYn 10543Road .
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nw TF'R 98'72PaGE 29
WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE
(THIS PAGE FORMS PART-OF THE INSTRUMENT)
EN
ADDITIONAL COMMENTS RECORD AND RETURN
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9'
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TITL£ COMPANY NUMBER'
THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT
?r
(SEE CODES FOR DEFINIITTIONS)
THE PROPERTY IS SITUATED IN LIBER rt MORTGE. DATE
WESTCHESTER COUNTY, N.Y. IN
THE PAGE MORTGE. AMOUNT
02 TOWN OF BEDFORD
06 TOM OF CORTLANDT � �� EXEMPT YES NO
09 TOWN OF EASTCHESTER STAT'Y CHARGE REM TAX ON ABOVE M7GE:
11 TUWN OF GREENBURGH �[�
12 TOWN OF HARRISON REC'ING CHARGE BASIC $
16 TOM OF LF.WISBORO J
17 TOM OF MAMARONECK REC. MGT. FUND�71 ADM $
4 19 TOXIN 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 NEW ROCHELLE
24 TOWN OF NORTH CASTLE T 0 T A L TOTAL $
26 TOWN OF NORTH SALEM
28 TOWN OF OSSINING
30 CITY OF PEEKSKILL SERIAL No.
31. TOWN OF PELHAM' $ (J(U
35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: Q 1-•6 Q OVER
CITY OF RYE
WN 7 TOWN OF RYE RECEIVED DUAL TO
38 TOWN OF SCARSDALE �L DUAL COUM/STATE
39 TOWN OF SOMERS $ 4L. )
42 CITY OF WHITE PLAINS ! HELD
43 CITY OF YONKERS
NOT HELD
TOWN OF YORKTOWN AU j9�}Q u
44 K,'
REAL ESTATE i
TRANSFER TAX ANDREW J. SPANO
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
TERMINAL 13o DATE RETURNED
f in oU
W o0 4r EXAMINED BY
en:;) WITNESS M AND A SEAL
T N �
W � •l.T rV PAND E
o WESTCHESTER CLERK
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000027B000 08115/90CPA/EA 25.00
09:08
THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL, DATE ON WHICH
THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT.
E' QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED 'TO YOUR
;.i '. REPRESENTATIVE OR ATTORNEY.