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HomeMy WebLinkAboutEasement Recorded (21) LIBER 9871PAGE325 " section 1 Block 5 Lot P/O 18D, Lot 18 D/8 Town of Rye Village of Rye Brook }- county of Westchester State of New York DEED OF EASEMENT 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 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• 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, 1989; and J { WHEREAS, the Board of Trustees of the Village of `I 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 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.hhe rsrand assigns granting to the Village of Rye Brook, its successors and assigns, an easement which by its terms creates a twenty f: F ii 8� 4 LisEe 9871PAGE326� 4 (201) foot .and varies Sewer and Drainage Easement over hots No. 39 and 40 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 I been approved by Resolution of the Village of Rye Brook dated i February 14, 1989, is shown as Easement No. 20 on the easement ; i table of the map entitled Subdivision Map of Rye Brook R Estates, Village of Rye Brook, Westchester County, New York ? i and filed in the County Clerk's office, Division of Land = Records, on July 28, 1989 as Map No. 23809, a j NOW, THEREFORE, the Grantors in the consideration of One and o0/100 ($1.00) Dollar, lawful money of the United ; I States, and other good and valuable considerations, do hereby grant and release to the Grantee, a perpetual sewer and drainage easement being identified as "Easement Number 20" on i that certain map numbered 23809 as herein referred to above. 3 F The said easement is located within portions of Lots No. 39 and 40 and HOA parcel 8 and lands to be conveyed to the HOA on said Subdivision Map on, over, in and through s 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 a sancta sewer and drainage system, without becoming or being held 1 able 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 I 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, j 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. ' - 2 • I t v E uaER 9871pAoE327 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 and drainage lines 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 and drainage 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 and drainage lines 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 and drainage lines 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, 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 and 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 New York Partnership B ZTCHELL HOCHBER , a President of BROOK TWO VE , INC., Managing Partner of RYE BROOK DEVELOPMENT PARTNERS - 3.-- �' D100:E-20 LIBER 9871PAoE32$ , CHICAGO TITLE INSURANCE COMPANY Y v TITLE No: 9010-00838 i SCHEDULE A - DESCRIPTION EASEMENT NO. 20 ? :• i ALL that certain plot, piece or parcel of land, situate, lying and s being in the Village of Rye Brook, Town of Rye, County`of Westchester and State of New York, shown and designated as Easement No. 20 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: B.;GINNING at a point on the southeasterly side of Longledge.Drive where the sage is intersected by the division line between Lot 39 and Lot 40 as shown on the abovementioned filed Map No. 23809; Running thence along the southeasterly side of Longledge Drive, North 29 degrees 00 minutes 00 seconds East 10.78 feet; Thence through Lot 39 and Parcel HOAR, South 39 degrees 00 minutes 00 seconds East 64.00 feet and,South 56 degrees 30 minutes 00 seconds East 75.31 feet to the northwesterly side of Hidden Pond Drive; Thence along the northwesterly side of Hidden Pond Drive, South 51 degrees 00 minutes 00 seconds West 37.93 'feet to a point of curve and along a curve to the left having a radius of 375.00 feet, a distance of 4.72 feet; Thence through Parcel HOAR and Lot 40, North 39 degrees 00 minutes 00 seconds West 127.78 feet to the southeasterly side of Longledge Drive; Thence along the southeasterly side of Longledge Drive, North 29 degrees 00 minutes 00 seconds East 10.73 feet to the point and place of beginning. DESCRIPTION PAGE 18 OF 20 .� O C: Fz 11GER 9871PA029I. _ STATE OF NEW YORK } ss.. COUNTY OF WESTCHESTER) On the f Y -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 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 he signed his name thereto.by like " order. Notary Public 3=0x ISE M)MI Notarr Pablie,State of Naw.Tore Appointed for Wwtcheater count• ' D10I.ONE "nanaUatoa Fjitrw uarca 60,14 ' - - ✓'.Jirsrct'.irst�U�nr>6 - 900�asa' L✓f aslor I.iLA.L �(airennwrerr�,Jt:('�.f0.5//y RECORD AND RETURN TO. Milton Berner, Esq. 900 East Boston Post Road Mamaroneck, NY 10543 f' • X'R M WESMESTER CO M REMING AMD EHDOR OMW PAGE i M (THIS PAGE FORKS PART OF THE INSTRUMENT) uJ acl- SEAV ADDITIONAL COMMENTS. RECORD AND RETURN f w ; m 1 } 1 TITLE COMPANY NUMBER 7 i THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: i TYPE OF INSTRUMENT � (SEE CODES FOR DEFINITIONS) } THE PROPERTY IS SITUATED IN LIFER MORTGE• DATE WESTCHESTER COUNTY, N.Y. IN 325 THE PAGE MORTGE. AMOUNT 02 TOWN OF BEDFORD 06 TOWN OF CORTLANDT Z�� EXEMPT YES NO 09 TOWN OF EASTCHESTER STAT'Y CHARGE REC'D TAX Oa ABOVE MTGE: I . 11 TOWN OF GREENBURGH 12 TOWN OF HARRISON REC'ING CHARGE BASIC $ 16 TOWN OF LEWISBORO 17 TOWN OF MAMARONECK REC. MGT. FUND �) 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 NEW ROCHELLE 24 TOWN OF NORTH CASTLE TO T A L TOTAL $ 26 TOWN OF NORTH SALEM 28 TCWN OF OSSINING 30 CITY OF PEEKSKILL //�� SERIAL No. 31 TCWN OF PELHAM $ �'- 35 TOWN OF POUND RIDGE CONSIDERATION 'DWELLING: Q 1-6 Q OVER CITY OF RYE y + TOWN OF RYE RECEIVED DUAL TOWN 38 TOWN OF SCARSDALE n/) rr (1 �/1� 0 DUAL /STATE 39 1CwN OF SOMERS S 4LgA %��- 42 CITY OF WHITE PLAINS (W� ❑ HELD 1 4 TOWN OF YOORKTTO N AUG 1 6 1990 t U NOT HELD REAL ESTATE TRANSFER TAX ANDREW J. SPANO WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK T INAL No. DATE RETURNED © Vf EXAMINED BY r>- WITNESS MY �- y p N ~� ANDREW , =w GHESTE CLERK 25.00 o CA a' 09=11 x y S. THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE. OFFICIAL DATE ON WHICH THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT. j WESTIONS REGARDING DELAYS PRIOR To THIS DATE SHOULD BE ADDRESSED TO YOUR REPRESENTATIVE OR ATTORNEY. y.