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Section 1
Block 5 s
# . Lot P/o 18D, Lot is D/S
Town of Rye
i Village of Rye Brook
County of Westchester
i 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, & municipal corporation having its principal office on
Bowman Avenue in the Village of Rye Brook, New York 10513 j •
(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
i 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 105770 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 HROOx TWO VENTURES, INC., its successors, its he rs and
assigns granting to the Village of Rya Brook, its successors
and assigns, an easement which by its terms creates a twenty
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x' (20') foot and varies Sewer Easement over Lot No. 16 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 been approved by
Resolution of the Village of Rye Brook dated February 14,
1989, is shown as Easement No. 10 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 :y
County Clerks 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 10" on that certain map
numbered 23809 as herein referred to above. s;
The said easement is located.within portions of Lot
No. 16 and lands to be conveyed to the HOA on said Subdivision
Map on, over, in and through the following described premises
as shown in Schedule "All 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 sanitary sewer, 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.
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LIBER 9872PAoE 40 '
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 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
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 line and to pass and re-pass over the premises as
may be necessary for the purposes herein ,set forth.
i
The Grantors also.grant a temporary easement during
the course of any installation, removal, repair or replacement 1
of said sanitary sewer line 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 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 Partnershi
By.
MITCHELL HOCHBERG, as Pres an
! of BROOK TWO VENTURES, .,
Managing Partner o E BROOK
DEVELOPMENT PARTNERS
- 3 -
DIM E-10
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LI9E8 9872PAoE 41
s_ CHICAGO'TITLE INSURANCE C0MPANY
Z.
TITLE NOs 9010-00838
SCREDDLE A — DESCRIPTION, -
.
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EASEMENT NO. 10
L
ALL that certain plot, piece or parcel of land, situate, lying and
I
being in the Village of Rye Brook, Town of Rye, County of Westchester and State
of New York, shown and designated as Easement No. 10 on a certain map entitled,
"Subdivision ;tap of Rye Brook Estates situated in the Village of Rye Brook,
Westchester County, New York", made by Chas. R. Sells, Inc. dated January 20,
1989 and filed in the Westchester County Clerk's Office, Division of Land
Records, on July 28, 1989 as xap No. 23809, bounded and described as follows:
BEGINNING at a point on the division line between Lot No. 16 and
Parcel HOA9 distant North 64 degrees 30 minutes 00 seconds West 22.64 feet, as
measured along said division line, from its intersection with the northwesterly
side of Longledge Drive; running thence through Parcel No. 16 the following
courses and distances:
South 80 degrees 30 minutes 00 seconds West 45.89 feet;
North 9 degrees 30 minutes 00 seconds West 5.40 feet and
South 81 degrees 37 minutes 00 seconds West 43.34 feet to the
westerly line of Lot No. 16;
Thence along the westerly and northwesterly line of Lot No. 16 on
.filed 'lisp No, 23809, North 3 degrees 50 minutes 16 seconds Weat'12.04 'feet
DESCRIPTION
PAGE 13 OF 20
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LIBER 9872?AoE 4 '
5
STATE OF NEW YORK ) ;`
COUNTY OF WESTCHESTER)
On the �`/ day of August, 1990, MITCHELL HOCHBERG,
before me personally came to me known, who, being by me duly
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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 i
instru2ight; that he knows the seal of said corporation; that
the seal affixed to said instrument is such corporate seal; .
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that it was so affixed by order of the Board of Directors of
said corporation, and he signed his name thereto by like
order.
I
'Notary Public
b11 LTON Sm'TLSmg
40t-) Publle,State of Nan JW%
N.. 60•6294105 -
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RECORD AND RETURN TO:
E
j Milton Berner, Esq.
900 East Boston Post Road
Mamaroneck, NY 10543
4
N o
- 3 UMCHESTER COUNTY RECORDING AND ENDQRSERM PAGE
:,. (THIS PAGE FORKS PART OF THE INSTRUMENT)
EAV
ADDITIONAL COMMENTS RECORD AND RETURN
:i
TITLE COMPANY NUMBER i
THE FOREGOING INSTRUMENT WAS/ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT !"JJ _
(SEE CODES FOR DEFINITIONS))
THE PROPERTY IS SITUATED IN LIBER � T1 MORTGE. DATE
WESTCHESTER COUNTY, N.Y. IN
THE PAGE _ 3g MORTGE. AMOUNT
02 TOWN OF BEDFORD
06 TOWN OF CORTLANDT L� EXEMPT YES NO
09 WAN OF EASTCHFSTER STAT'Y CHARGE REC'D TAX ON ABOVE MTGE:
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 TCWN 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 T O T A L TOTAL $
26 TOWN OF NORTH SALEM �� j
28 TCWN OF OSSINING
30 CITY OF PEEKSKILL �/` /Q SERIAL No.
31 TOWN OF PELHAM $ /"C11v1'v
35 'TOWN OF POUND RIDGE CONSIDERATION— DWELLING: Q 1-b Q OVER
3�,CITY OF RYE
�3 f'1C7WN OF RYE RECEIVED DUAL TCWN
38 TOM OF SCARSDALE �� � DUAL COUNTY/STATE
39 TOWN OF SOMERS $ )
42 CITY OF WHITE PLAINS ITY OF YONKERS �+ 4 k HELD
44 43 CTOWN OF YOEtKTOWN AV p ! 199a Ln NOT HELD •
REAL ESTATE
TRANSFER TAX ANDREW J. SPANO
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
w TERMINAL No. DATE RETURNED
EXAMINED B]�/
'a _icD WITNESS MY AND AND OFF ME SENE
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ai WESTCHEST CLERK
000; 00 0B/16/90CPA/EA 25.00
THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH
THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT.
QUESTIONS ASGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR
REPRESENTATIVE OR ATTORNEY.