HomeMy WebLinkAboutEasement Recorded (39) ---�`��^� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � �
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Section 1 a
Block 5
Lot P/O 18D, LOt 18 D/8
Town of Rye
Village of Rye,Brook a
County of Westchester
State of New York } }
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DEED OF EASEMENT
AND
! RIGHT-OF-OF-WAY {
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THIS DEED OF EASEMENT AND RIGHT-OF-WAY, made
this /yam day of August, 1990' by grid between RYS BROOK
DEVELOPIPM PARTNERS (the fee by
being 'hereinafter •
! referred to as "Grantor"), a New York partnership having an
li 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, 19891
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 May No. 23809
filed in the County Clerk's office of the county of
Westchester on July 28, 1989; and .
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_W. L{BER 9872PAoE 3
WHEREAS, such approval was conditioned, inter-alia,
upon BROOK TWO VENTURES, INC., its successors, its hie rss 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 and a fifty (50) foot Right-of-Way over
the parcel of land to be conveyed to the Hidden Falls at Rye
Brook Homeowners Association, Inc., (HOA). The said easement
and right-of-way known and designated at HOA 11 on map No.
23809 is for emergency access, drainage and sewer installation
and maintenance as herein described and is for the benefit of ;
the Village of Rye Brook. Said easement and right-of-way, .;
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 and right-of-way No.
11 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 ; !
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
and right-of-way identified as "Easement Number 11" on that
certain map numbered 23809 as herein referred to above.
The said easement is located within portions of HOA
parcel 11 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, Town of Rye Brook and County of Westchester, and State
of New York.
This easement and right-of-way 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 sancta sewer and drainage,
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.
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. LIDER 9872pia 3
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
for sewer and drainage, restore the. surface of the surrounding
ground as nearly as possible to its former condition,
including trees and shrubs where disturbed. a
The Grantors • on behalf of themselves, their
successors and assigns consent and hereby grant to the Grantee e
the right and privileges to repair or replace sewer pipes and
drainage pipes, culverts and .other 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 sewer
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 I
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.
The Emergency Access over parcel-HOA 11 shown on
filed map No. 23809 is created in order to connect parcel HOA
11 to the public roadway as shown on Easement 14 and to
Longledge Drive (Parcel C) shown on the said map No. 23809.
The said easement and right-of-way shall be for the benefit of
t the Village of Rye Brook and Hidden Falls at Rye Brook
Homeowners Association, Inc. and shall be for ingress and
egress of emergency vehicles, equipment, police, fire,
ambulance and such other emergency functions,as are reasonable
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`Y iiaER 9872PASE 33
for the health, safety and welfare of the residents of Hidden i
Falls at Rye Brook Homeowners Association, Inc. The
right-of-way described shall be for the use of the residents
of Hidden Falls at Rye Brook together with those specified
uses reserved to the Village of Rye Brook to carry out the
emergency functions and the New York American Water Co.
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Maintenance of the right-of-way shown in HOA 11
except for maintenance of sewer, drainage and water shall be
the responsibility of Hidden Falls at Rye Brook Homeowners
Association, Inc., a New York State Not-For-Profit Corporation
formed on October 27, 1989.
TO HAVE AND TO HOLD, said perpetual sewer and ;.
drainage and right-of-way 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:
TC ELL HOCHBERG, a esiaent
of BROOK TWO VENTURES, INC.,/ j
Managing Partner of RYEBIE06K G
DEVELOPMENT PARTNERS
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D100:E-11
M. =Y
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G7 EASEMENT No. 11 ;
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Being shown and designated as Easement No. ll on a certain map entitled,
J "Subdivision Map of Rye Brook Estates", situated in the Village of,Rye Brook, v
Town of Rye, dated January 20, 1989, made by Chas. H.Sells, Inc., and filed in
the ffice of the County Clerk of Westchester County, Division of Land Records,
on ly YQ,/yf as Map No.;3j.,7 , said easement being bounded and described
as foI ows:
BEGINNING at a point on the easterly side of the turn-around of Longledge
Drive where the same is intersected by the division line between Lot No. 26 and
Easement 11, as shown on the above-mentioned filed map;
RUNNING THENCE along the division line between Easement No. 11 and Lot .
Nos. 26, 27, 28 and HOA 8 the following courses and distances:
1) South 77' 00' 00"'East 47.10 feet to a point of curve,
2) Along a curve to the right having a radius of 175.00 feet,
a distahce.-of 175.23 feet to a point of tangency, and
3) South -19' 37' 47" East 121.64 feet to the division line
between Easement No. 11 and Easement No. 15;
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THENCE along the division line between Easement No. 11 and Easement
No. 15 in a northwesterly direction along a curve to the left having'a radius
of 100.00 feet, a distance of 104.72 feet to the division line between Lot No. 29
i and Easement No. 11, as shown on the above-mentioned filed map;
THENCE along the division line between Easement No. lE and Lot Nos. 29
and 30 the following courses and distances;
1) North 19' 37' 47" West 35.04 feet to a point of curve,
2) Along a curve to the left having a radius of 125.00 feet,
a distance of 125.16 feet to a point of tangency, and
3) North 77' 00' 00" Nest 47.10 feet to the easterly side of
Longledge Drive; •
THENCE northerly along the easterly side of the turn-around of Longledge
Drive along a curve to the left having a radius of 60.00 feet, a distance of
51.57 feet to the point and. place of BEGINNING.
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9872PAE 35
- CHICAGO T.ITL£ INSURANCE COMPANY
TITLE NO: 9010-00838
SCHEDULE A - DESCRIPTION
and North 49 degrees 12 minutes 00 seconds East 38.85 feet to the division
line between Lot No. 16 and Parcel HQA9;
Thence'along said division line, South 64 degrees 30 minutes 00
seconds East 66.95 feet to the point and.place of beginning:,
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lIBER 9 S 7 2 PhGE 36
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STATE OF NEW YORK } j
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COUNTY OF WESTCHESTER)-
On the day of August, 1990, MITCHELL HOCHBERG,
before me personally came to me known, who, being by me duly ; 3
sworn, did depose and say that he resides at Madden Place,
d
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
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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.
!i
Notary Public
Notarp Public,State of HAW 191%-
h'a, 00-6204106
n,,olnud for WYAtchONW Oaten
D101:ONE wwml..so4 k xYlxu A41 AD■Ia /
904�d' G�w Aq 1q.ad
RECORD AND RETURN TOt
Milton Berner, Esq.
900 East Boston Post Road
Mamaroneck, NY 10543
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v,-(ER Li9ER ?dGE37
WESTCHESTER OOUM RECORDING AND EXI)DRSENEXT PAGE
• (THIS PAGE FORKS PART OF THE INSTRUMENT)
c
ADDITIONAL COMMENTS RECORD AND RETURN
TITLE COMPANY NUMBER
THE FOREGOING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLCWS:
TYPE OF INSTRUMENT
(SEE CODES FOR DEFINITION�SS))
THE PROPERTY IS SITUATED IN LIBER 1 MORTGE. DATE
WESTCHESTER COUNTY, N.Y. IN
THE PAGE � 0 MORTGE. AMOUNT
02 TOWN OF BEDFORD
06 TOWN OF CORTLANDT EXEMPT YES NO
09 TOWN OF EASTCHF.STER STAT'Y CHARGE REC'D TAX ON ABOVE MTGE:
11 TOWN OF GREENBURGH
12 TOWN OF HARRISON REC'ING CHARGE 4 BASIC $
16 TOWN OF LEWISBOROMAMARONEC ,n ,r AD� $
17 TOWN OF MAMARONECK REC. MGT. FUNE3�/1
19 TOWN 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 NL11 ROCHELLE
24 TOWN OF NORTH CASTLE T O T A L TOTAL $
26 TOWN OF NORTH SALEM.
28 TOWN OF OSSINING of 0
30 CITY OF PEEKSKILL y, , SERIAL No.
31 'TOWN OF PELHAM $
35 TOWN OF POUND RIDGE CONSIDERATION DWELLING: Q 1-6 Q OVER
3f2 CITY OF RYE
TOWN OF RYE RECEIVED DUAL TOWN
TOWN OF SCARSDALE DUAL COUNTY/STATE
39 TOWN OF SO4ERS $ J`7
42 CITY OF WHITE PLAINS HELD
43 ,CITY OF YONKERS c nn L� NOT HELD
44 TOWN OF YORKTCWfF A08 U '990
REAL ESTATE
TRANSFER TAX ANDREW J. SPANO
WESTCHESTER COUNTY WESTCHESTER COUNTY CLERK
TERMINAL No. DATE RETURNED
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EXAMINED BY C
ow WITNFfSS M AND AND FSF
cIAL SEAL
CIAL
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i THE RECORDING DATE OF THIS INSTRUMENT AS INDICATED BELOW IS THE OFFICIAL DATE ON WHICH
THE WESTCHESTER COUNTY CLERK RECEIVED THIS INSTRUMENT.
1 QUESTIONS REGARDING DELAYS PRIOR TO THIS DATE SHOULD BE ADDRESSED TO YOUR
REPRESENTATIVE OR ATTORNEY.