HomeMy WebLinkAboutEasement Recorded (37) " �r -- ---,"---���--=�-�-�� llllllllllllllllllllllllll1111lIllllllllllllllllllllill � • : �-
-= !
Lim 9871PA01
Section 1
Block 5
Lot P/O 18D, Lot 1s 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 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, 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 heirsd .
assigns granting to the Village of Rye Brook, its successors
and assigns, an easement which by its terms creates easements
i
�I
.v
for ingress and egress, in and over Stonefalls Court as shown e
on Map No. 23809, sewer installation and drainage installation
to serve Lots 1, 2, 3, 4, 5, 6, 7, and 8 on Stonefalls Court
and which easement is over HOA 1, which parcel of land will 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. 23 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.
i NOW, THEREFORE, the .Grantors in the consideration +
of one and 00/lo0 ($l.00) Dollar, lawful money of the United
States, and other good and valuable considerations, do hereby
grant apd release to the Grantee, a perpetual easement for the
purposes' herein stated. said.easement is being identified as
"Easement Number 23" on that certain map numbered 23809 as •
herein referred to above. J
The said easement is located within portions of BOA 1
parcel 1 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 of Rye
y Brook, Town of Rye and County of Westchester, and State of New
:E York.
This easement is granted on the following terms and
! conditions and for the following purposes:
i
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 sanita sewer and drainage
system 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
t may be necessary for temporary use in.constructing, excavating
l 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,
i - 2
1
{
restore the surface of the surrounding ground as nearly as
possible to its former condition, including trees and shrubs
where disturbed.
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.
In addition, the Village of Rye Brook is granted an
easement for the purpose of carrying out its municipal ,
services such as police, fire and ambulance protection as well
as garbage collection and any other such municipal service
which will be in the best interest of the health, safety and
welfare of the members of the Hidden Falls at Rye Brook
Homeowners Association, Inc., their guests and/or invitees.
TO HAVE AND TO HOLD, said perpetual easements unto
the Grantee, its successors and assigns forever.
.. 3 -
L
u�Es 9871PACE314 '
IN WITNESS WHEREOF, the Grantor has executed this
instrument the date and year first above written. f
RYE BROOK DEVELOPMENT PARTNERS,
A New York Partnersh p
i
BY QMITALHOG-HBERG,
7S54-
ee dent
of BROOK TWO VENTURNCManaging Partner ofBROOK
DEVELOPMENT PARTNERS
'4
i
i
. I
I
i
I
f
4 -
D101:Z-23
I
1,
. m� _ -�_..__�._..._-- --:•-._ � - IEBER 9871pdcE315 �
CHICAGO TITLE INSURANCE COMPANY
TITLE NO: 9010•-00838
SCHEDULE A - DESCRIPTION
EASEMENT No. 23
Being shown and designated a$ Easement No. 23 and also as Parcel HOA 1 and "Stonefalls Court", on a certain map entitled,"Subdivision Nap 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 the Office of the County Clerk
of Westchester County, Division of Land Records, on f�ALq fl Sj;/y�y as
Map No.,2-;� cj f, said easement being bounded and on ibe as follows:
BEGINNING at a point on the northwesterly side of North Ridge Street
where the same is intersected by the division line between Parcel HOA 3 and
Parcel HOA i as shown on the above-mentioned filed map;
RUNNING THENCE northwesterly along said division line along a curve to
the left having a radius of 25.00 feet, a distance of 26.00 feet;
THENCE continuing along said division line South 26° 25' 00" West 38.00
feet to the division line between Parcel HOA 1 and Lot No. 8 as shown on said
map;
THENCE along the division line between Parcel HOA I and Lot Nos. 8 and 7
North 63° 35' 00" West 113.00 feet;
THENCE along the division line between Parcel HOA I and Lot No. 6 North
770 30' 00" West 79.33 feet to the division line between Parcel HOA I and Parcel
HOA 7;
THENCE along the last-mentioned division line North 26" 25' 00" East 25.76
feet to the division line between parcel HOA I,and Lot No. 5 as shown'on said
filed map;
THENCE along the division line between parcel HOA I and Lot Nos. 5, 4, 3
and 2 the following courses and distances:
1) South 77' 30' 00" East 96.97 feet;
2) South 63° 35' 00" East 31:87 feet;
3) North 26° 25' 00" East 114.00 feet;
4) North 63° 35' 00" West 20.00 feet;
5) North 26° 25' 00" East 151.01 feet to the division line
between Parcel HOA 1 and land now or formerly of S. Rothenberg;
THENCE along_said last-mentioned division line South 640 581 20" East
20.01 feet to the division line between Parcel HOA 1 and Lot No. 1 as shown on
• I said filed map; ..
THENCE along the last-mentioned division line the following courses-and
distances:
I
(continued) .
USER 9871PA016
T
is
jI
(continued)
1) South 26' 25' 00" west 88.00 feet;
2) South 06° 25' 00" West 23.41 feet, and
3) South 63' 35' 00" East 55.99 feet to the division line
between Parcel HOA i and HOA 2; ?S
THENCE along the last-mentioned division line South 26' 25' 00" West 97.50
feet and in'an easterly direction along a curve to the left, not tangent to .the
last-described. eourse having a radius of 25.00 feet, a distance of 38.28 feet to
the northwesterly side of North Ridge Street;
THENCE along the northwesterly side of North Ridge Street South 28' 41'
05" West 86.42 feet to the point and place of BEGINNING.
t .
c
i
(2) .
Yy X- 1
LiBER 9871PA017
STATE OF NEW YORK }-
COUNTY OF WESTCHESTER
i
On the �y 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,
I Inc., the managing partner of Rye Book Development Partners,
la 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
I' said corporation, .and he signed his name thereto by like
+ order.� - . _• , ,. . .,
Notary Public mILTorr VET=g
'4 s.r 5*hlr�,dtnte of Now tall
. an-dz9NU6
.. v N.aBtOh1jter Gau,"
- .,2..:. - - u ,.,Jcuti2714va MYrCL iiO,f•�
D10l*ONE
. .:l'J.arncr.an2�C9riror6 j .
• 900�asG�.dlwr.�.II..�d '
RECORD AND RETURN TOS
' � . . .. Milton Berner, Esq. ,. . • ... ,.. .
900 East Boston Post Road
i Mamaroneck, NY 10543
r'
. tl
I �
i
{
_ 00 WESTCHESTER COUNTY RECORO:MG AND ENOORSEREMT PAGE y
M (THIS PAGE FORMS-PART OF THE IRSTROKENT)Lw
r
EA4 es .
o.
F E`
ADDITIONAL COMMENTS RECORD AND RETURN
00
a
W i
m
1.
TITLE COMPANY NUMBER t
THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS:
TYPE OF INSTRUMENT
! (SEE CODES FOR DEFINITIONS)
THE PROPERTY IS SITUATED IN LIBER MORTGE. DATE 5 •
WESTCHESTER COUNTY, N.Y. IN 2
THE PAGE 3f MORTGE. AMOUNT
02 TOWN OF BEDFORD
06 TOWN OF OORTLANDT L EXEMPT Yes NO
09 TOWN OF EASTCHESTER STATtY CHARGE REC'D'TAX ON ABOVE MTGE:
E 11 TOWN OF GREENBURGH
12 MqN OF HARRISON REC'ING CHARGE BASIC $
16 TOWN OF LEWISBORO
17 TOWN OF MAMARONECK REC. MGT. FUND ADDTL $
19 TOM OF MT, KISCO
20 TURN OF MT. PLEASANT CROSS REFERENCE SUBTOTAL $
21 CITY OF MT. VERNON
22 TOWN OF NEW CASTLE CERT/RECEIPT SPECIAL $
23 CITY OF NMI ROCHELLE
24 TOWN OF NORTH CASTLE T O T A L TOTAL $
i 26 TOWN OF NORTH SALEM J_
28 TOWN OF OSSINING
30 CITY OF PEEKSKILL �/I, SERIAL No.
31 TOWN OF PELHAM $ / �/VNlc.� _
35 TOM OF POUND RIDGE —' CONSIDERATION DWELLING: Q 1-6 q OVER
36 CITY OF RYE
TOWN OF RYE RECEIVED ��� I--1 DDUUAALL COUNTY/STATET
38 TOWN OF SCARSDALE u
t 39 TOWN OF SOMERS $ �
42 CITY OF WHITE PLAINS � I HELD
f 43 CITY OF YONKERS 4 NOT HELD
44 TOWN OF YORKTOWN AUG 16 1990
REAL ESTATE •
TRANSFER TAX ANDREW J. SPANO
p WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
TERMINAL No. DATE RETURNED
EXAMINED BY'
• � WITNESS UJ AND 0
�5
LLJ Q
() ANDReW SPANO
Li q WESTCHESTER CLERK
m n 09:1.2
w
i
THE RECORDING 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.
4•