HomeMy WebLinkAbout1984-02-21 - Board of Trustees Meeting Minutes SPECIAL MEETING OF THE VILLAGE BOARD HELD ON FEBRUARY 21st, 1984
AT 6 PM at 111 SOUTH RIDGE STREET, RYE BROOK.
PRESENT: Mayor Kabcenell
Trustees Meiskin, Nardi, and Zak.
ABSENT: Trustee Harris
On the motion of Trustee Nardi, seconded by Trustee Zak,
WHEREAS, in conjunction with the subdivision approval heretofore
granted to Royal Executive Park I by the Village Board of the Village
of Rye Brook on or about December 22nd, 1983, it was a condition
of such subdivision approval that proposed subdivision require the
approval of the Westchester County Board of Health; and
WHEREAS, pursuant thereto the Westchester County Board of Health
has now requested that the Village of Rye Brook assume ownership
of certain sewer lines and related appurtenances on the Royal Executive
Park property in order to insure that both subdivided parcels will
be served with public sewer service; and
WHEREAS, the Village of Rye Brook has agreed to assume ownership
of said sewer lines on the terms and conditions set forth in the
annexed agreement,
THEREFORE BE IT RESOLVED that the Mayor of the Village of Rye Brook
on behalf of the Board of Trustees is hereby authorised to enter
into the annexed agreement with Royal Executive Park and pursuant
thereto to sign any other necessary documents to implement such
agreement.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Zak voting AVE _
Mayor Kabcenell voting AYE
Trustee Harris ABSENT
Utility Agreement dated February 21st 1984 together with Exhibits
A and B referred to therein, annexed hereto.
UTILITY AGREEMENT .
AGREEMENT entered intotheday of 1984
betweenROYALEXECUTIVE PARK I,.a New York partnership.having an office
at 499 Park Avenue, New York, New York 10022 (hereinafter referred to
as the "Royal") and THE VILLAGE OF RYE BROOK (Village) a municipal
corporation having an office at. 111 South Ridge_ Street, Rye Brook, New
York.
WHEREAS, ROYAL EXECUTIVE PARK I- Is the owner of certain 8 inch
^` and 10 inch sewer lines, mains and related appurtenances located on
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. property bounded and described in "Exhibit A" annexed hereto and made a,
part hereof; and
WHEREAS, in conjunction withthe subdivision approval granted
by the Village on December 20, 1983, the Westchester County Department
of Health has requested that the Village assume ownership of said sewer -
lines and related appurtenances; and
WHEREAS, the Village is willing to assume ownership of said
sewers provided Royal assume full maintenance responsibility for said
sewer lines and related appurtenances.
NOW, THEREFORE, the Owner and the Village, for themselves,
their successors and assigns mutually agree as follows:
FIRST: As used in this Agreement, "sewer lines" shall be
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deemed to include certain 8 inch and 10 inch sanitary sewer pipes,
manholes, and facilities appurtenant thereto, located within the
premises described on Exhibit A.
SECOND: Village hereby agrees to assume ownership of the
sewer lines existing within the premises described on Exhibit A.
THIRD: Royal , its successors and assigns shall. maintain,
repair and replace all such sewer lines located within the premises
described on Exhibit A at their own cost and expense and hold the
Village harmless for such costs and expense, as hereinafter more fully
set forth.
FOURTH: Prior to placing the Subdivision on record, Royal
shall deposit with the Village Treasurer the sum of $10,000 in an
h i irrevocable letter of credit with such amount to be available to the
Village as a security fund to be drawn upon by the Village for any
expenditures by the Village for maintenance, repair and replacement of
the sewer lines located within the premises discribed on Exhibit A, as
often as repeated breakdowns require the Village to expend funds for
said maintenance, repair and replacement of the internal piping. Any
interest earned by the aforesaid treasury bills or notes shall be paid
to the Royal or its assigns or successors as such interest accrues.
The Village shall not be required to first exhaust such
remedies it may have under the provisions of Real Property Law as set
forth in Paragraph Fifth hereof. However, the Village shall_ not use
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the security described above in this Paragraph Fourth, unless, after
demand upon Royal, Royal does not pay for said costs for maintenance,
repair or replacement within 30 days after written demand.
Any monies used by the Village that diminish the aforesaid
security fund shall be promptly repaid by Royal or its successors and
assigns, on written demand by the Village, to maintain the $10,000
security.
FIFTH: When, as and if maintenance, repair or replacement of
said sewer lines shall become necessary, Royal, its successors and
assigns shall make the same, at their own cost and expense. In the
event the same are not made, and it becomes necessary for the Village
to perform the same, the Village shall bill Royal. If unpaid for more
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than 30 days, sTu�ch charge shall become a lien upon the Royal propertyelr,G�a
SIXTH: At such time as the Subdivision is placed on record
and as part thereof, Royal , its successors and assigns shall grant the
following easement to the Village of Rye Brook:
An easement of general access over the property of Royal , such
as, but not limited to, roads, parking lots and open space, in order to
provide the Village with access to the sewer lines located within the
premises described on Exhibit A for the purposes set forth in Paragraph
Fifth provided that the easement granted herein shall not include the
right of vehicular or pedestrian access across landscaped areas
adjacent to buildings.
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SEVENTH: No building or structure, concrete or masonry wall,
patio, trees, or pipe other than on constructed by or with the prior
written consent of the Village Engineer, shall be installed on said
property described on Exhibit A except that a lawn, shrubs, plants and
flowers can be planted, and asphalt pavement installed thereupon;
further, the Royal , its successors and assigns, shall in no manner
disturb the use and enjoyment of said property by making excavation in
or near said property exposing the utilities, or .appurtenances, or
depriving such utility lines of their normal support in connection
with the above-mentioned easement.
EIGHTH: Village hereby grants Royal a perpetual easement over
and to the sewer lines located on the premises described in Exhibit A
t for the purposes of maintaining, repairing and replacing said sewer
lines.
NINTH: In the event further development takes place on the
property owned by Royal, its successors or assigns, Village will grant
to Royal, its successors or assigns the right to make sewer connections
to the sewer lines located within the premises described on Exhibit A.
.ROYAL EXECUTTVEENPARK I j
By
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VILLAGEYE BROOK
By
c K bcenel l , ayor
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EXHIBIT A
-SANITARY SEWER EASEMENT - SECTION B-I
Beginning at a point on the division line between Royal Execu-
tive Park I and Royal Executive Park II, said point being the following
courses and distances from the west line of King Street as measured
westerly along the division line between Royal Executive Park I and
Royal Executive Park II 432.09 feet along the arc of a circle curving
to the right with a radius of 2,008.24 feet, South 69 degrees 51' West
72.00 feet and South 68 degrees 21' 23" West 348.21 feet to the point
of beginning.
Running thence westerly through Royal Executive Park II, South
73 degrees 27' 40" West 244.58 feet, South 43 degrees 52' 50" West
152.69 feet and South 20 degrees 03' West 97.39 feet to a point on the
division line between Royal Executive Park I and Royal Executive Park
II.
'y Running thence easterly along said division line 288.89 feet
along the arc of a circle curving to the right with a radius of 341.36
feet and North 68 degrees 21' 23" East 192.39 feet to the point and
place of beginning.
SANITARY SEWER EASEMENT - SECTION B-II
Beginning at a point on the division line betwen Royal Execu-
tive Park I and Royal Executive Park II, said point being the following
courses and distances from the division line between Royal Executive
Park and lands of Matin Realty, Inc. as measured northerly along the
division line between Royal Executive Park I and Royal Executive Park
II, North 77 degrees 20' West 215.99 feet, 404.92 feet along the arc of
a circle curving to the right with a radius of 800.00 feet, North 48
degrees 20' West 295.00 feet, 264.07 feet along the arc of a circle
curving to the left with a,.radius of 600.00 feet and North 73 degrees
33' West 30.16 feet to the point of beginning.
Running thence westerly through Royal Executive Park II, South
21 degrees 01' West 31.39 feet, South 74 degrees 17' West 249.89 feet,
South 60 degrees 46' 20" West 194.40 feet, South 18 degrees 46' 20"
West 211.75 feet, South 75 degrees 08' West 221.60 feet and South 61
degrees 04' West 143.43 feet to a point on the division line between
lands of Royal Executive Park and lands of State University of New
p York.
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Running thence northerly along said division line, North 15
degrees 05' 30" West 20.60 feet to a point.
Running thence easterly through lands of Royal Executive Park
II, North 61 degrees 04' East 140.97 feet, North 75 degrees 08' East
213.34 feet, North 18 degrees 46' 20" East 208.71 feet, North 60
degrees 46' 20" East 204.44 feet, North 74 degrees 17' East 242.21 feet
and North 21 degrees 01' East 19.75 feet to a point on the division
line between Royal Executive Park I and Royal Executive Park II.
Running thence southerly along the said division line, South
73 degrees 33' East 20.06 feet to the point and place of beginning.
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ROYAL EXECUTIVE PARK
TOWN OF RYE BROOK, NEW YORK
TOWN OF HARRISON, NEW YORK
TOWN OF GREENWICH, CONNECTICUT
ROYAL EXECUTIVE PARK I
All that certain lot, piece or parcel of land with improve-
ments thereon, situate, lying and being in the Town of Rye Brook,
Westchester County, State of New York and the Town of Greenwich,
Fairfield County and State of Connecticut being more particularly
bounded and described as follows:
Beginning at a point on the New York-Connecticut State line,
said point being the intersection of the division line between
lands of Royal Executive Park and lands of Matin Realty, Inc.
with the New York-Connecticut State line.
Running thence westerly along the division line between
lands of Royal Executive Park and lands of Matin Realty, Inc. ,
S 6$0 501 W 567.60 feet and S 7$0 401 W 24.00 feet to a point.
Running thence northerly through lands of Royal Executive
yJ Park, N 770 201 W 215.99 feet, 404.92 feet along the arc of a
circle curving to the right with a radius of $00.00 feet,
N 4$0 201 W 295.00 feet, 264.07 feet along the arc of a circle
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curving to the left with a radius of 600.00 feet and N 73 331 W
61.36 feet to a point.
Running thence easterly through lands of Royal Executive
Park, N 160 211 23" E 9.66 feet, 309.$1 feet along the arc of a
circle curving to the right with a radius of 341 .36 feet and
N 6$0 21 ' 23" E 540.60 feet to a point on the north line of the
access drive.
Running thence easterly along the north line of the access
drive, N 690 511 E 72.00 feet and 432.09 feet along the are of
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. a circle curving to the left with a radius of 2,00$.24 feet to
a point on the west line of King Street.
Royal Executive Park I
Running thence southerly along the west line of King Street,
._..., S 300 56' E 30,01 feet, S .330 52' E 29.10 feet, S 390 49' E
f 29.20 feet, S 250 29' E 6.00 feet, S 310 06' E 29.40 feet,
S 350 37' E 16.10 feet, S 410 31 ' E 267.00 feet and S 430 30' E
259.99 feet to a point.
Running thence westerly through lands of Royal Executive
Park, S 540 06' W 160.$5 feet to a point on the New York-
Connecticut State line.
Running thence southerly along the New York-Connecticut
State line, S 210 53' E 440.00 feet to the point and place of
beginning and containing 26.$00 acres.
PORTION OF ROYAL EXECUTIVE PARK I
IN TOWN OF GREENWICH. CONNECTICUT
Beginning at a point on the west line of King Street, said
l point being the following courses and distances from the division
line between lands of Matin Realty, Inc. and lands of Royal
Executive Park as measured northerly along the west line of King
Street, N 46 14' W 17$.60 feet, N 440 44' W 2$7.50 feet and
N 430 30' W 60.0$ feet to the point of beginning.
Running thjence westerly through lands of Royal Executive
Park, S 540 06' W 160.$5 feet to a point on the New York-Connectic t
State line.
Running thence northerly through Royal Executive Park along
the New York-Connecticut State line, N 210 53' W 449.69 feet to
a point on the west line of King Street.
Running thence southerly along the west line of King Street,
S 410 31 ' E 179.47 feet and S 430 30' E 259.99 feet to the point
' and place of beginning and containing 0.7$7 acres.
ROYAL EXECUTIVE PARK II
All that certain lot, piece or parcel of land with buildings
and improvements thereon situate, lying and being in the Towns of
Rye Brook and Harrison, West6hester County and State of New York
being more particularly bounded and described as follows:
Beginning at a point on the west line of King Street, said
point being the intersection of the division line between lands
of Royal Executive Park and lands now or formerly of Hips Realty
Corporation with the west line of King Street.
Running thence southerly along the west line of King Street,
S 190 22' E 173.67 feet, S 220 35' E 114.40 feet, S 2b0 25' E
70.00 feet, 5 .270 29' E 60.00 feet, S 250 31 ' E 126.00 feet and
S 300 56' E 70.09 feet to a point.
Running thence westerly through lands of Royal Executive
Park along the north line of the access drive 432.09 feet along
the arc of a circle curving to the right with a radius of
2,008.24 feet and S 690 51 ' W 72.00 feet to a point.
Running thence still westerly through lands of Royal Executiv
Park, S 650 21 ' 23" W 540.60 feet, 309.51 feet along the arc of
a circle curving to the left with a radius of 341.36 feet and
S 160 21 ' 23" W 9.66 feet to a point.
Running thence southerly through lands of Royal Executive
-Park, S 730 33' E 61 ,36 feet, 264.07 feet along the arc of a
circle curving to the right with a radius of 600.00 feet,
S 450 20' E 295.00 feet, 404.92 feet along the arc of a circle
curving to the left with a radius of 800.00 feet and S 770 20' E
215.99 feet to a point on the division line between lands of
Royal Executive Park and lands of Matin Realty, Inc.
Running thence westerly along the division line between li
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Royal Executive Park and lands of Matin Realty, Inc. S 750 40' W
411.20 feet, S 750 15' W 95.00 feet, S 820 07' W 585.50 feet,
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Royal Executive Park II
S 750 13' W 335.10 feet, S 770 03' W 29.10 feet and S 12° 20' W
147.10 feet to a point on the east boundary line of lands of
State University of New York.
Running thence northerly along the division line between land
of Royal Executive Park and land of State University of New York,
N 450 52' W 22.10 feet, N 620 25' W 236.70 feet, S 340 25' 40" W
40.46 feet, N 520 24' W 35.44 feet, N 430 3$' W 66.70 feet,
N 210 08' 30" W 79.16 feet, N 150 05' 30" W 373.31 feet and
N 100 48' 30" W 481 .15 feet to a point.
Running thence easterly along the division line between land
of Royal Executive Park and lands now or formerly of Hipo Realty
Corporatioh, N 530 01 ' E 550.50 feet, N 52° 20' E 50.00 feet,
N 530 24' E 501 .80 feet, N 520 18' E 233.00 feet, N 62° 20' E
26.00 feet and N 670 34' E .801 .60 feet to the point and place of
beginning and containing 49.940 acres.
f: PORTION OF ROYAL EXECUTIVE PARK II
IN TOWN OF GREENWICH, CONNECTICUT
Beginning at a point on the west line of King Street, said
point being the intersection of the division line between lands of
Royal Executive Park and lands of Matin Realty, Inc. with the
west line of King Street.
Running thence y✓esterly along said division line, S 6$0 50' W
363. 0 feet to a point on the New York-Connecticut State line.
Running thence northerly through lands of Royal Executive
Park and along the New York-Connecticut State line, N 210 93' W
440.00 feet to a point.
Running thence easterly through Royal Executive Park,
;<� N 540 06' E 160.$5 feet to a point on the west line of King Street
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Royal Executive Park II
Running thence southerly along the west line of King Street,
S 430 30' E 60.08 feet, S 440 44' E 287.50 feet and S 460 14' E
178.60 feet to the point .and place of beginning and containing
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2.769 acres.
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J. A. Kirby Company
Port Chester, New York
December 5, 1983