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HomeMy WebLinkAboutEasement Recorded (31) ••titd## 3g?+il Rfvn8888i EAS2 37 WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE ,l (THIS PAGE FORMS PART OF THE INSTRUMENT) �w. THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT EAS-EASEMENT FEE PAGE 6 TOTAL PAGES 6 (SEE CODES FOR DEFINITIONS) STAT'Y CHARGE 5.25 MORTGE. DATE 489 REC'ING CHARGE 18.00 MORTGE. AMT L 10 PAGE GER: 133 RECMGT FUND 4.75 EXEMPT YES NO EA 5217 TP-584 6.00 REC'D TAX ON ABOVE MTGE: THE PROPERTY IS SITUATED CROSS-REF, 0.00 BASIC $ IN WESTCHESTER COUNTY, MISC. 0.00 J ADDITIONAL $ NEW YORK IN THE: TOWN OF RYE TOWN f SUBTOTAL $ TOTAL SPECIAL $ 34. 00 TOTAL $ aaaaasx ss rs rs ss== . SERIAL NO. $ 0.00 CONSIDERATION DWELLING 1-6 OVER _ DUAL TOWN RECEIVED: DUAL COUNTY/STATE TAX AMOUNT $ 0.00 TRANSFER TAXI 0005341 HELD NOT HELD 000029R080REFU0l/l.CP4/EA -34.00 08*2 TITLE COMPANY NUMBER: EXAMINED BY WWP3 TERMINAL CTRLf 93011T025 MUNRO 01/11/93CPA/EA 34.00 08"-32 DATE RETURNED 0000298000 01/11/93CPA/EA 32.00 08:33 I HEREBY CERTIFY THAT THE ABOVE INFORMATION FEES AND TAXES ARE CORRECT WITNESS MY HAND AND OFFICIAL SEAL /a IpI7 1 Ak Section 1 Block 5 Lot P/O 31/32 Town of Rye County of Westchester State of New York DECLARATION OF EASEMENT THIS DECLARATION OF EASEMENT, made this day of December, 1992, by and between RYE BROOK DEVELOPMENT PARTNERS, a New York Partnership with its principal place of business located at c/o Alamit Properties, Inc. , 4 Stonefalls Court, Rye Brook, New York 10573 (hereinafter referred to as "Grantor") , the fee owner of Section 1, Block 5, Lot 31 in the Town of Rye, County of Westchester, State of New York and RYE BROOK DEVELOPMENT PARTNERS, a New York Partnership with its principal place of business located at c/o Alamit Properties, Inc. , 4 Stonefalls Court, Rye Brook, New York 10573 (hereinafter referred to as "Grantee") , the fee owner of Section 1, Block 5, Lot 32 in the Town of Rye, County of Westchester, State of New York. WHEREAS, the Grantor is fee owner of the adjacent property known as Lot No. 31 in Section 1, Block 5 in 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 s WHEREAS, the Grantee is also the fee owner of Lot No. 32 in Section 1, Block 5 in a certain "Subdivision Map of �rs{ 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 r` the County of Westchester as Map No. 23809 on July 28th, 1989 ; << and k: WHEREAS, the Grantors by this instrument intend to create an easement which shall run with the land and shall be binding upon the Grantor their heirs, successors and assigns and will inure to the benefit of the fee owner of Lot No. 32, their heirs, successors and assigns; and WHEREAS, the purpose of the easement is to accommodate an enroachment which is de minimis in nature in that portion of stone steps as shown on Exhibit "A" attached which presently encroaches on Lot No. 31. The encroachment is located on the easterly side of Lot No. 32 as shown on a certain survey of Lot No. 32 prepared by Charles H. Sells, Inc. on December 2, 1992 and designated as Lot No. 32 as shown on filed Map No. 23809 . NOW, THEREFORE, in consideration of the sum of TEN and 00/100 ($10. 00) DOLLARS and other good and valuable consideration, paid to the Grantor, the receipt and sufficiency of which are hereby acknowledged, the following declaration, grant, easement, covenant and restrictions are herein recited: tr( The Grantor (the fee owner of Lot No. 31) hereby a declares and grants to the Grantee (the fee owner of Lot No. 32) their heirs, legal representatives, distributees, successors and assigns forever a perpetual easement to use the portion of the stone steps which encroach on Lot No. 31 and which has been described herein, which shall provide a more convenient access to the stone steps located on Lot No. 32 . IN WITNESS WHEREOF, the Grantor and Grantee hereto have executed this Agreement the day and year above written. RYE OOK PEVELOPMENT PARTNERS CCeo erofLtNo. 31) ITEILL BY: HbCHBEV.G, G antor RYE BROOK IEVELOPMFNT PARTNERS (fee a of Lot o. 32) BY: M L CHBERG, Gran ee D77:E--1 #! qEi a <<t..:. 3 3 30,00 1 O.2'E r1,0' 89.29' STONE STON RAT 9TFP8_•r W STONE RET./- (CHIM FA� 11/2 STY9,357 SQ,F , BRICK AND FRAME o.si• .....F. , RESIDENCE W000 DECKCONC � 173.47'.. 1 SURVEY OF PROPERTY DESIGNATED AS LOT No, 32 A3 SHOWN ON FILED MAP No.23909 SITUATE IN 3 HEREON BEINQ LOT No, 32 AS SHOWN ENTI7E g-b' "13YE BRbdK f_ tATE So,Nc. �y p�q IVIS! ESTCHE:STER Cot! TY CLERK'S VILLAGE OF f�YE BROOK DiV13►pN GN LAND RECOR S, ON JvJLY 29, [MAP I b;'::23S99., . WESTCHESTER COUNTY, N.Y, 1 SCALE: I" - 20' DECFMS3 R 2, 1992 NO LINES OF POSSESSION 07HER THAN INDICATED 80-078.01 t STATE OF NEW YORK } , .. }ss. : COUNTY OF WESTCHESTER} y k j. On this gO th day of December, 1992 before me personally came Mitchell Hochberg, to me known and known to me to be the individual who executed the foregoing s�. g g instrument, who, being by me duly sworn, did depose and say that he X resides at Madden Place, Harrison, New York, that he is the Vice President of Rye Brook Development Partners, a New York >£ Partnership; that he executed the foregoing instrument by order of the Board of Directors of such corporation in the 'r name of such corporation; that he had the authority to so execute the same; and that he did duly acknowledge to me that he executed the same as the act and deed of the said corporation for the uses and purposes therein mentioned. Notary Public STATE OF NEW YORK } GORDON S.PERKEL } wry�Ho��tta04of Now York ss. : COUNTY OF WESTCHESTER} Cwtffled In 34rCo On this P th day of December, 1992 before me personally came Mitchell Hochberg, to me known and known to me to be the individual who executed the foregoing instrument, who, being by me duly sworn, did depose and say that he resides at Madden Place, Harrison, New York, that he is the Vice President of Rye Brook Development Partners, a New York Partnership; that he executed the foregoing instrument by order of the Board of Directors of such corporation in the j name of such corporation; that he had the authority to so execute the same; and that he did duly acknowledge to me that he executed the same as the act and deed of the said corporation for the uses and purposes therein mentioned. Not ry Public GORDON 9.PERKEL Notary PuNa�46te"of New York