HomeMy WebLinkAboutEasement Recorded (28) � � � Illlllllllllllllllllll lllll lllll lllll lllll lllll llll llll - �
LIBER 9872PA6E 70
Section 1
"X Block 5 z
Lot P/O 18D, Lot 18 D/8
Town of Rye
Village of Rye Brook
County of Westchester
State.of New York i
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I DEED OF EASEMENT s
THIS DEED OF EASEMENT, made this day of August, `
1990, by and between RYE BROOK DEVELOPMENT PARTNERS (the fee -Al
owners being hereinafter referred to as "Grantor"), a New York
partnership having an office c/o Alamit Properties, Inc. at i
The Cen,,re at Purchase, Now York 10577, and the VILLAGE OF RYE
BROOK, a•municipal corporation having its principal office 1
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
I 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
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)
I 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 he rs and
assigns granting .to the Village of Rye Brook, its successors •
and assigns, an easement which by its terms creates a twenty
(20') foot and, varies Drainage Easement over lands to be
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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. 5 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 drainage .
easement being identified as "Easement Number 5" on that
certain map numbered 23809 as herein referred to above.
The said easement is located within portions of '
lands to be conveyed to the HOA 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 purposes of drainage, without
becoming or being held liable for trespass. The Village of j
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 drainage lines and equipment 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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LEBER 9872PAGE 72
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 the materials
necessary for drainage 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 drainage lines and maintain the i
same and from time to time repair the.same as may be necessary
and to replace said facilities or any portion thereof whenever
I 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 9
the inspection and maintenance of said drainage and to pass
and re-pass over the premises as may be necessary for the
1 purposes herein set forth.
The Grantors also grant a temporary easement during
the course of any installation, removal, repair or replacement
of sail drainage system 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
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
i previous condition to the extent reasonably passible.
TO HAVE AND TO HOLD, said perpetual drainage
easement unto the Grantee, its successors and assigns forever.
IN FATNESS WHEREOF, the Grantor has executed this
instrument the date and year first above written.
RYE BROOK DEVELOPMENT PARTNERS,
4 ew York Partnership
t By;
E�HCCHBERG, s res dent
of BROOK TWO VENTURES, NC.,
i Managing Partner of RY BROOK
DEVELOPMENT PARTNERS
3 _
Dloo t S-5
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IIBER 9872PAOE 73
CHICAGO TITLE INSURANCE COMPANY
"'. TITLE NO: 9010-00838
SCHEDULE A - DESCRIPTION
EASE111ENT N0. 5
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. 5 on a certain map entitled, 3
"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 northerly side of Longledge Drive
where the same is intersected by the division line between Lot No. 49 and
Parcel HOA7 as shown on the abovementioned filed Map No. 23809;
Running thence through Parcel'HOA7 the following courses and
distances:
North 45 degrees 20 minutes 00 seconds East 78.33 feet;
South 43 degrees 00 minutes 00 seconds East 89.31 feet and
South 64 degrees 24 minutes 20 seconds East 21.45 feet.to the
westerly line of land now or formerly of Silberstein;
Thence along said land, South 24 degrees 14 minutes 35 seconds West
20.01 feet; thence through Parcel HOA7 the following courses and distances:
North 64 degrees 24 minutes 20 seconds West 12.00 feet;
North 43 degrees 00 minutes 00 seconds West 85.40 feet and.
South 45 degrees 20 minutes 00 seconds West 51.73 feet to the
northerly side of Longledge Drive;
Thence along the northerly side of Longledge Drive, North 73
degrees 30 minutes 00 seconds West 22.83 feet to the point and place of
beginning.
DESCRIPTION
. PAGE 9 OF 20
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L1BER rv9872PAGE 74
STATE or mzw YORK )
ss.. a
COUNTY Or WESTCHESTER)
On the day of August, 1990, MlTCHELL HOCHBERG,
before me personally came to me known, who; being by me duly 3
i
sworn, did depose and say that he resides at Madden Place, i
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
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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
1
order.
01
Notary Public
'MILTON DN8=1*
D101:ONE public,dtate of N6aa'ball
No. e4.5:B410S
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RECORD AND RETURN TO
Milton Berner, Esg.
900 East Boston Post Road
Mamaroneck, NY 10543
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�-TER Lim 9 S 7 2 P.AcE 75
WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE
(THIS PAGE FORMS PART OF THE INSTRUMENT)
s=', SEAU
ADDITIONAL COMMENTS RECORD AND RETURN
:e
TITLE COMPANY NUMBER !
THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT
(SEE CODES FOR DEFINITIONS) I 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 L� EXEMPT YES NO
09 'TOWN OF EESTCHESTER STAT'Y CHARGE REC'D TAX ON ABOVE ME: j
11 TqN OF GREENBURGH li
12 TCWN OF HARRISON REV ING CHARGE BASIC $ -
16 TOWN OF LEWISBORO
17 TOWN OF MAMARONECK REC. MOT. FUND ADDTL $ �
19 TOWN OF MT. KISCO
20 'TOWN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $
21 CITY OF MT. VERNON
22 TOWN OF NOW CASTLE CERT/RECEIPT SPECIAL $
23 CITY OF NEW ROCHELLE
24 TOWN OF NORTH CASTLE T O T A L TOTAL $
26 TOWN OF NORTH SALEM l
26 TCWN OF OSSINING
30 CITY OF PEEKSKILL ) SERIAL No.
31 TOWN OF PELHAM $
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 L��c1DM�/ DUAL OOUNTY/STATE
39 TOWN OF SOMERS $
42 CITY OF WHITE PLAINS G": ❑ HELD
43 CITY OF YONKERS L'7 u NOT HELD
44 TOWN OF YORKTCWN 14n� W
WL ESTATE
TRANSFER TAX ANDREW J. SPANO
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
p� w TERMINAL No. DATE RETURNED
W
> EXAMINED
WITNESS AN
ul
ANDREW J. SPANO
WESTCHESTER COUNTY CLERK
25.00
09:05
THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH
4 THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT.
QMSTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR
REPRESENTATIVE OR ATTORNEY. ¢,
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