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Section 1
4 j Block 5
Lot P/o 18D, -Lot 18 D/8
Town of Rye
Village of Rye Brook
County of Westchester
State- of New York f
DEED OF EASEMENT '
THIS DEED OF EASEMENT, made this % day of August,
1990, by and between ME BROOK DEVELOPMENT PARTNERS (the fee i
owners being hereinafter referred to as "Grantor"), a New York
PP
artnershi having an office c/o Alamit Properties, Inc. at
j The Centre at Purchase, New York 10577, and the VILLAGE OF RYE
BROOK, a municipal corporation having its principal office on i
Bowman Avenue in the Village OP 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, Nets 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
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
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 ha rs and •
assigns granting to the Village of Rye Brook, its successors
and assigns, an easement which by its terms creates a Drainage
f
LIBEL 9$72 PAo 19
Easement over HOA Parcels 8 and 11, which parcels are 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. 13 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 easement being
identified as "Easement Number 1301 on that certain map
numbered 23809 as herein referred to above.
The- said .easement is located within portions of
lands identified and to be conveyed as HOA 8 and HOA 11 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 drainage installation, 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.
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 -
t
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 drainage pipes
at such distances .below and under the surface of the ground as
may, in the judgment of the municipality having jurisdiction, a
be necessary and to enter upon, excavate and install 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 he necessary, r
with the privilege to the Village of Rye Brook, its employees, s
agents, assigns, servants and/or officers, to enter upon said f
premises at any time for the inspection and maintenance of
said drainage lines and to pass and re-pass over the premises
i 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 drainage lines for the piling of earth and
construction material on the sides of the land adjoining the i
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 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
By
H LL HO H ERG, Pre s ent
of "BROOK TWO VENT RES .,
Managing Partner o RYE BROOK
DEVELOPMENT PARTNERS
- 3
D1oosZ-13
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�.�._ --- .� -_-------_�.._--------, ------.LIBER 9 7 PAGE � t
'— EASEMENT No. 13
Being shown and designated as Easement No. 13 on a certain map entitled,
"Subdivision Map of Rye Brook Estates", situated in the Village of Rye Brook,
Town of Rye, dated January 20, 1989, made by Chas. H.SeIls, Inc., and filed in
the Ofyfice of the County Clerk of Westchester County, Division of Land Records,
on aLy W,4Pf as Map No,?,5fe , said easement being bounded and described
as follows:
BEGINNING at a point on the northwesterly side. of North Ridge Street,
distant the following courses and distances, as measured along presently
existing northwesterly side of North Ridge Street, from a point on the said
northwesterly side of North Ridge Street where the same is intersected by the
southwesterly line of land now or formerly "of the Town of Rye known as Crawford
Park:
1) South 31' 50' 05" west 35,80 feet,
2) South 41" 38"05" West 90.20 feet, and
3) South 38' 44' 05" West 38.85 feet;
RUNNING THENCE from said point of beginning along the northwesterly side
of North Ridge Street South 38' 44' 05" West 25.21 feet to the division line
between Easement No. 13 and Easement No. 14, as shown on the above—mentioned
filed map;
THENCE along said division line and along the division line between
Easement No. I3 and Easement No. 15, the following courses and distances:
1) In a westerly direction along a curve to the right having a
radius of 15.00 feet, a. distance of 23.39 feet to a point of
tangency;
2) North 51' 55' 05" West 43-.25 feet to a point of curve;
3) Along a curve to the right having a radius of 25.00 feet, a j
distance of 24.90 feet to a point of reverse curve, and
4) along a curve to the left having a radius of 100.00 feet, a
distance of 43.23 feet to the division line between Easement
No. 11 and Easement No. 13;
F
THENCE. along the division line between Easement No. I1 and Easement
No. 13 North 19° 37' 47" West 10.62 feet;
THENCE through Parcel HOA 8, South 46° 00' 00" East 111.67 feet and
South 80° 30' 00" East 9.02 feet to the northwesterly side of North Ridge Street
to the point and.piace of BEGINNING.
1
UDER Y9872PACE 22
STATE OF NEW YORK }
COUNTY OF WESTCHESTER)
On tho�day of August, 1990, MYTCHELL HOCHBERG, a
before no 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,
4
Inc., the managing partner of Rye Brook Development Partners,
a New York Partnership, which executed the foregoing
'f
instrument; that he knows the seal of said corporation; that
i . •
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.
j
Notary Public XmT= .
votary 71oh0c,Stata a;N w Tr,
No. 60-5294106
• .)anted for woctch"toY C;nm
' ce:anindoq k%xP.lrw 1Snmh 50.19
D101:ONE �i ,rf�, asulC �re
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RECORD AND RETURN TO:
Milton Berner, Esq.
900 East Boston Post Road
Mamaroneck, NY 10543
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Teri IIBER 9872PAcE 23
Viz: Z W STCHESM COUNTY RECORDING AND EMDORSO MT PAGE
3 (THIS PAGE FORMS PART OF THE IMSTRUNEMF)
SEAU
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ADDITIONAL COMMENTS RECORD AND RETURN
I
's
TITLE COMPANY NUMBER
i
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 COUNTY, N.Y. IN
THE PAGE •MORTGE. AMOUNT
02 TOWN OF BEDFORD
06 TOWN OF CORTLANDT EXEMPT YES NO
09 TOWN OF EASTCHESTER STAT'Y CHARGE REC'D TAX ON ABOVE MTGE.
11 TOWN OF GREENBURGH
12 Taffl OF HARRISON REC'ING CHARGE BASIC $
16 WiN OF LEWISBORO
17 TOWN OF MAMARONECK REC. MGT. FUND ADDTI. $
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 N91 ROCHELLE
24 TOWN OF NORTH CASTLE T 0 T A L TOTAL $
26 TOWN OF NORTH SALEMOWN
28 T OF OSSINING )
30 CITY OF PEEKSKILL y� SERIAL No.
31 TOWN OF PELHAM $ VA/
c�-
35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: Q 1-6 Q OVER
36 CITY OF RYE
®TOWN OF RYE RECEIVED DUAL TOWN
38 TOWN OF SCARSDALE � �1 ��}T S DUAL COUNTY/STATE
39 TOW'N OF SOMERS $ J`fJV 1 J
42 CITY OF WHITE PLAINS 1-' ❑ HELD
43 CITY OF YONKERS u NOT HELD
44 TOWN OF YORKTOWN AU 0 16 1990
a; ,
• REAL ESTATE cli
TRANSFER TAX L ANDREW J. SPANO
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
TERMINAL No. DATE RETURNED
w ' ?]GAG
LLJ
co it EXAMINED BY
> j WITNESS MY AND OFFICIAL SF
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l i cm lv
c ¢` WESTCHESTE CLERK
ON
La
00004-MOOD 08/16/90CPA/EA 25.00
D9:08
THE RECORDING DATE OF THIS INSTRUMENT ASINDICATED BELOW IS,THE OFFICIAL DATE ON WHICH
THE WESTCHESTER OOUNTY CLERK RECEIVED THIS INSTRUMENT.
QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR
REPRESENTATIVE OR ATTORNEY. }