HomeMy WebLinkAboutEasement Recorded (36) i IN 111ii 11111111111111111111111111111 IN 1111
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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
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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 Ycrk. 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 9
Engineers and Surveyors, Bedford Hills, New York and filed in
the County of Westchester as map No. 23809 on July 28th, 1989i
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. I 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, 1969; and
WHEREAS, such approval was conditioned, inter-a1ia,
upon BROOK TWO VENTURES, INC., its successors, its hers and
assigns granting to the Village of Rye Brook, its successors.
and assigns, an easement which by its terms creates a sewer
and Drainage Easement over land to be deeded to Hidden Falls
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at Rye Brook Homeowners Association, Inc. (referred to as fi
"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. 24 on the easement
table of the map entitled subdivision Map of Rye Brook
Estates, Village of Rye Brook, Westchester County, New York t
and filed in the County Clerk's office, Division of Land
Records, on July 28, 1989 as Map No. 23809.
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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 j
i identified as "Easement Number 24" on that certain map
numbered 23809 as herein referred to above.
The said easement is located within portions of HOA
9 and parcel C (Longledge Drive) 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 "A" attached
! hereto and made a part hereof, lying and being in the Village ;
I of Rye Brook, Town of Rye and County of Westchester, and State
of Now York. a
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 sanitaz sewer and drainage
system, without becoming or being held 1 able 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
I where disturbed.
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USER 9871PAGE307�' �•
A 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 and
drainage 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 and 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 sewer and drainage lines
and to pass and re-pass 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 sanitary sewer and 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 sewer and
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 Partnershi.
By:
MITCHELL HO G, a:VS
r s dent
of BROOK TWO VENTURE C.,
Managing Partner of BROOK
DEVELOPMENT PARTNERS
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CHICAGO TITLE INSURANCE COMPANY i
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TITLE NO: 9010-00838
SCHEDULE A - DESCRIPTION 1
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EASEMENT No. 24
Being shown and designated as Easement No. 24 on a certain map entitled,
'iSubdivision Map of Rye Brook. Estates", situated in the Village of Rye Brook,
Town of Rye, dated January 20, 1989, made by- Chas. H. Sells, Inc., and filed in
4 the Office of the County Clerk of Westchester County,Division of Land Records, '
on �P 1.j',/yff as Map No.L3 80 9 , said easement being bounded and described
k as of 1I'hws
BEGINNING at a point on the northwesterly side of Longledge Drive where
the same is intersected by the division line between Lot No. 16 and Parcel HOA 9
as shown on the above-mentioned filed map;
RUNNING THENCE along said division line South 64° 30' 00" West 89.59
fff feet to the southeasterly side of Wilton Road;
THENCE in part along the southeasterly side of Wilton Road and in part
along the southeasterly line of land now or formerly of K. Watanabe North
49° 12' 00" East 54.61 feet;
THENC8 through Parcel HOA 9 South 640 301 00" East 71:55 feet to the north- •
westerly side of Longledge Drive;"
THENCE southwesterly along the northwesterly side of Longledge Drive along
a curve to the left having a radius of 225.00 feet, a distance of 50.25 feet to
the point and place of BEGINNING.
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LIBER 9871PAoE•309
STATE OF NEW YORK }
COUNTY OF WESTCHESTER}
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On the day of August, 1990, MITCHELL HOCHHERG,
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,
Tnc., , the managing partner of Rye Brook Development Partners,
a New York Partnership, which executed the foregoing
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instrument,• that he knows the seal of said corporation; that
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the seal affixed to said instrument is such corporate seals :
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 rdmxax sxa
' - - 'Warr Pnblta.Stato of New Tort!
No.60.62SM6
- appofnted for W"khosWr Corm
D101:ONE CommSWaoSagl NA=U ED.4.
900 ✓,rdl.A d i
. RECORD AND RETURN TO:
Milton Berner, Esq.
900 East Boston Post Road
Mamaroneck, NY 10543 � `
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•� WESTCHESTER COUNTY RECORDING,AND ENDORSEMENT PAGE
`4 M (THIS PAGE FORNS PART OF THE.INSTRtMENT) 1
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ADDITIONAL COMMENTS RECORD AND RETURN
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THE FOREGOING INSTRUMENT WASH ENDORSED FOR THE RECORD AS FOLLOWS: j
TYPE OF INSTRUMENT
(SEE CODES FOR DEFINITIONS)IT
THE PROPERTY IS SITUATED IN LIBER j —7 MORTGE. DATE s
WESTCHESTER COUNTYP N.Y. IN
THE PAGE D MORTGE. AMOUNT
02 TOWN OF BEDFORD _
06 TOWN OF CORTLANDT L� EXEMPT YES NO
i 09 TOWN OF EASTCHESTER STAT'Y CHARGE S REc'D TAX ON AEOYE M1GE:
11 TOWN OF GREENBURGH
k 12 TOWN,OF HARRISON REC'ING.CHARG= BASIC $
16 TOWN OF LEWISBORO
17 TOWN OF MAMARONECK REC. MGT. FUND (/) ADDTL $
19 TOWN OF MT. KISCO
j 20 TOWN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $
21 CITY OF MT. VERNON
22 TOWN OF NEW CASTLE CERT/RECEIPT SPECIAL $
23 CITY OF NE31 ROCHELLE
24 TM OF NORTH CASTLE T 0 T A L TOTAL $
26 TOWN OF NORTH SALEM
28 TOM OF OSSINING
30 CITY OF PEEKSKILL Q SERIAL NO.
31 TOWN OF PELHAM $
35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: Q 1-6 Q OVER
CITY OF RYE
7 CTOWN
ITY OF RYE RECEIVED DUAL 'TOWN
i 8 TOWN OF SCARSDALE DUAL COUNTY/STATE
639 TONN OF SOMERS $ ! {r'
42 CITY OF WHITE PLAINS HELD
43 CITY OF YONKERS AUG 1 6 i990 Q; NOT HELD
44 TOWN OF YORKTOWN
REAL ESTATE
TRANSFER TAX ANDREW J. SPANO
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
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TERMINAL Ng. DATE RETURNED
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_ EXAMINED BY``✓
WITNESS MY HAND AND �F
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G� ry WHESTER OffiNTY CLERK
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141E RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH
THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT. �..
OUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR
REPRESENTATIVE OR ATTORNEY.
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