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WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE
,l (THIS PAGE FORMS PART OF THE INSTRUMENT)
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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
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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
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WHEREAS, the Grantee is also the fee owner of Lot
No. 32 in Section 1, Block 5 in a certain "Subdivision Map of
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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 ;
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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:
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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
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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
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STATE OF NEW YORK } ,
..
}ss. :
COUNTY OF WESTCHESTER}
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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