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- DAR 9871 PA019
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Section 1
Block 5
Lot P/O 18D, Lot 18 D/S
Town of Rye
Village of Rye Brook
County of Westchester
State of New York
DEED OF EASEMENT
THIS DEED OF EASEMENT, made this/z� 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/0 Alamit Properties, Inc. at
The Centre at Purchase, New York 10577, and the VILLAGE OF RYE
BROOK, a municipal corporation having its principal office 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:
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
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 he rs and
• assigns granting to the Village of Rye Brook, its successors
and assigns, an easement which by its terms creates a twenty
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LIBER 9871PAGE320
(204) foot Drainage Easement over hots No. 56 and 57 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 a
Resolution of the Village of Rye Brook dated February 14,
1989, is shown as Easement No. 22 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 t
of one and o0/ioo ($1.00) Dollar, ,lawful money of the United j
States, and other good and valuable considerations, do hereby
grant and release to the Grantee, a perpetual drainage .. ,
easement being identified as "Easement Number 22" on that
certain map numbered 23809. as herein referred to above. Z
_ The said easement is located within portions of '
Lots No. 56 and 57 and lands to be conveyed to the HOA parcel
7 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 Brook, Town of Rye and County of Westchester, and State
of New York.
This easement is granted on the following terms and
conditions:
The Villags of Rye Brook shall have the right at
E 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
i necessary for temporary use in constructing, excavating for,
reconstructing, enlarging, duplicating, repairing, maintaining
said pipelines or appurtenances thereto.
i The Village of Rye Brook shall, after the
i
� 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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x UBER 9871PAcE321
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
installation 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 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 drainage -lines and to pass and re-pass f
over the premises 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 drainage lines 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 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(�I�ELL BERG, as P es dent
of BROOK TWO VENTtI1ZES NC.,
Managing Partner YE BROOM
DEVELOPMENT PARTNERS
3
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t16ER 9871PAoE322
CHICAGO TITLE INSURANCE COMPANT
TITLE 1101 9010-00838
SCHEDULE A - DESCRIPTIOlI
EASEMENT NO.-22 y
4
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. 22 on a certain map a
entitled, "Subdivision Map of Rye Brook Estates situated in the Village of Rye i
Brook, Westchester County, New York", made by Chas. H. Sells, Inc. dated i
'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: 1
. 3
BEGINNING at a point on the southeasterly side of Hidden Pond Drive ' •
where the same is intersected by the division line between Lot No. 56 and Lot
No. 57 as shown on the abovementioned filed Map No. 23809; )
Running thence along the southeasterly side of Hidden Pond Drive,
North 51 degrees 00 minutes 00 seconds East 10.01 feet;
Thence in part through Lot 57 and in part through Parcel HOA7,
South 36 degrees 30 minutes 00 seconds East 147.91 feet;
Thence continuing through Parcel HOA7, South 53 degrees 30 minutes
00 seconds Sleet 20.00 feet;
Thence continuing in part through Parcel HOA7 and in part through
Lot 56, North 36 degrees 30 minutes 00 seconds West 147.04 feet to the south-
easterly side of Hidden Pond Drive;
Thence along the southeasterly side of Hidden Pond Drive, North
51 degrees 00 minutes 00 seconds East 10.01 feet to the point and place of
¢ beginning.
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i
DESCRIPTION
PAGE 20 OF 20
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9871 PAoE323
STATE OF NEW YORK
COUNTY OF WESTCHESTER)
4
On the 4� day of August, 1990, MITCHELL HOCHBERG,
before me 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,
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
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.
Notary Public aavrox seBxrr -
�„ ++obltc,state of Now York
_ - No. 60.62$4106
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Cw.,.«..,iru kapkra h4r[L 30,19�
D101:ONE
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.900 aL:%JaW_✓,
• RECORD AND RETURN TO:
Milton Berner, Esq.
900 East Boston Post Road
Mamaroneck, NY 10543
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MWESTCHESTER COUMiY RECORDING AND ENDDRSEML•NT PAGE
W (THIS PAGE FORMS PART OF THE INSTRUMENT) 1
d, EAV tl
ADDITIONAL COMMENTS RECORD AND RETURN
`04
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{ TITLE COMPANY NUMBER 2
THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: k
TYPE OF INSTRUMENT 1.:lTJ
(SEE CODES FOR DEFINITIONS)
i •
! THE PROPERTY IS SItUATED IN LIBER MORTv^E. DATE
WESTCHESTER CaAMf N.Y. IN
THE PAGE � MORIGE. AMOUNT
02 TCWN bF BEDFORD
06 TCWN OF CORTLANDT 1- EXEMPT YES NO
I 09 TOWN OF EASTCHESTER STAT'Y CHARGE REC'D TAX ON ABOVE.MIGE:
11 TOWN OF GREENBURGH
12 TOWN OF HARRISON RECIING CHARGE BASIC $
16 TOWN OF LEWISBORO
17 TOWN OF MAMARONECK REC. MGT. FUND 1 ADDTL $
19 TOWN OF MT. KISCO
20 TOWN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $
1 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 9-�—
28 TOWN OF OSSINING
30 CITY OF PEEKSKILL SERIAL No.
31 TOWN OF PELHAM $ Q/z
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 DUAL COUNTY/STATE
39 TOWN OF SOMERS $ ' 7/ / ;,'
42 CITY OF WHITE PLAINS �'-i HELD
43 CITY OF YONKERS n NOT HELD �-
44 TOWN OF YORKTOWN AUG 16
REAL ESTATE
TRANSFER TAX ANDRFI+1 J. STAND
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
TERMINAL I . DATE RETURNED
C] cz au EXAMINED BY
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THE REOORDING'DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH
THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT.
QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR
REPRESENTATIVE OR ATTORNEY.
j.