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resolution 11 pages

Also attached to this agenda item: July 24th Resolution 157-2024 25 SRA Easement

EASEMENT EASEMENT made this_______day of July, 2024 by Croton Riverside, LLC, a New York limited liability company, with an address at 92 North Avenue, Suite 204, New Rochelle, NY 10801 (hereinafter referred to as “Grantor”), and the VILLAGE OF CROTON- ON-HUDSON, a New York Municipal Corporation having its offices at 1 Van Wyck Street, Croton-on-Hudson, NY, 10520 (hereinafter referred to as “Grantee”). W I T N E S S E T H: WHEREAS, the Grantor is the owner in fee simple of certain real property (the “Property”) lying and being in the Village of Croton-on-Hudson, Town of Cortlandt, County of Westchester, and State of New York, known as 25 South Riverside Avenue and designated on the tax maps of the Village of Croton-on-Hudson and Town of Cortlandt as Section 78.08.19 Block 5, Lot 43 and being further described on Schedule A annexed; and WHEREAS, The Grantor is in the process of constructing an apartment building on the property. This building construction requires the installation new sanitary sewer and storm water mains and appurtenances on the Property and abandonment of the Grantee’s existing sanitary sewer and storm water mains and appurtenances on the Property, and WHEREAS, The existing easement for the sanitary sewer shall remain in force until the relocated sanitary sewer line is approved for operation by the Westchester County Department of Health, placed into operation and the former sanitary sewer line is abandoned, and WHEREAS, The existing easement (Liber 6754 Page 41) for the storm water system shall be terminated and no further in force as of the date of the filing of this easement agreement in the Westchester County Clerk’s Office, and WHEREAS, Grantee wishes to obtain, and Grantor is willing to grant to Grantee, an easement (the “Easement”) for sanitary sewer and storm water mains and appurtenances installed by the Grantor (collectively, the “Utilities”) in, on, under, over and upon a portion of the Property, which are further described on Schedule B annexed (the “Easement Area”) and shown on a survey map titled “Sewer As Built Survey of Property Situated in the Town of Cortlandt, Village of Croton-on-Hudson, Westchester County, New York” dated January 4, 2024 and prepared by JRL Land Surveying, P.C. (the “Survey”) Schedule C annexed; and NOW, THEREFORE, for ten and 00/100 ($10.00) Dollars and other good and valuable consideration, the parties agree as follows: 1. The foregoing recitals are incorporated herein as if set forth at length. 2. Subject to the terms of this Easement Agreement, Grantor hereby grants to Grantee a perpetual Easement in, under, and upon the Easement Area for the purposes of replacing, maintaining, altering, operating, and repairing the Utilities therein. (a) Except in cases of emergency as determined by the Grantee, Grantee shall provide Grantor at least thirty (30) days prior written notice of its intention to replace the Improvements and ten (10) days prior written notice to maintain, and/or repair the Improvements. (b) During any replacement, maintenance or repair of the Utilities, Grantee shall maintain the Easement Area in a safe manner and free of debris. (c) After replacement, maintenance, or repair of the Utilities, Grantee shall restore the surface of the earth as near as possible to its original condition through re-grading and re-seeding or restoration of pavement, and all trash and debris shall be removed by the Grantee. The Grantee shall have the right but not the obligation to maintain the Easement Area clear of woody vegetation. (d) The Grantor shall not place any structure or building of any type, nature, or description, or plant any trees, within the Easement Area, and Grantor shall not change the elevation of the surface of the Easement Area from the existing elevation as shown on the Survey. 3. Grantee shall replace in kind any pavement, underground drains or other utilities, curbing, or other improvements damaged or disturbed during the installation, replacement, maintenance, or repair of the Utilities and while this easement is in effect, except that Grantee shall not be required to replace or restore any prohibited improvements such as buildings, structures or trees. Grantee’s obligation shall be limited to re-grading and re-seeding or restoring pavement in the Easement Area. 4. Grantee shall hold harmless and indemnify Grantor from and against any costs, expenses or liabilities, including reasonable attorneys’ fees, that may arise from Grantee’s use of the Easement. At all times during which Grantee is entering up on the Easement Area for purposes of installing, replacing, maintaining, or repairing the Improvements, it shall maintain in full force and effect liability insurance in the minimum amount of One Million ($1,000,000.00) Dollars naming Grantor, or their successors and assigns as additional insureds, and Grantee shall provide proof of such insurance upon Grantor’s request from time to time. Prior to any entry upon the Easement Area for the purposes set forth herein, Grantee shall provide Grantor a certificate of insurance issued by an insurance company licensed to do business in the State of New York and with an A.M Best rating of A or better. This Easement, and the obligations of the parties, shall run with the land in perpetuity and shall bind the parties and their respective successors, heirs, executors, administrators, personal representatives, and assigns. WHEREFORE, the parties have executed this instrument on the day and year first above written, intending that same be recorded in the Office of the Clerk of the County of Westchester, Division of Land Records. GRANTOR: Croton Riverside, LLC By: ________________________________ Ralph Rossi, Managing Partner GRANTEE: By: ________________________________ Bryan Healy, Village Manager STATE OF NEW YORK ) )ss.: COUNTY OF WESTCHESTER ) On July , 2024, before me, the undersigned, personally appeared Ralph Rossi, on behalf of CROTON RIVERSIDE, LLC, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ) )ss.: COUNTY OF WESTCHESTER ) On July , 2024, before me, the undersigned, personally appeared BRYAN HEALY, on behalf of the VILLAGE OF CROTON-ON-HUDSON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. SCHEDULE A SCHEDULE A (con't) Schedule B TO BE PROVIDED BY SURVEYOR 22.5' 22.72' 10.73' S 82° 04' 20" W 189.48' N 24° 19' 00" W 79.80' N 16° 44' 50" W 41.87' S 68° 30' 00" W 15.20' S 25° 58' 30" E 150.00' N 64° 01' 30 20.27' S 25° 58' 30" E N 64° 01' 30" E 29.00' S 25° 58' 30" E 50.00' 217.34' 5 ft. Wide Drainage Easement as shown on Survey Prepared By W.A. Slater L.S. 5.00' 91.81' S CONCRETE WALKWAY STONE 'MASONRY RETAINING WALL CONCRETE CURB CONCRETE CURB CONCRETE WALKWAY CONC. WALK CONCRETE CURB CONC. RETAINING WALL ASPHALT PARKING LOT OVERHEAD SERVICE WIRES WALK Drop Curb D Y H D S S S D Y H ? 24in RCP 12in CMP 12in CMP 12in CMP 8in CPP Brick Structure ? Trunk Sewer 8in 24 in C.I. ASPHALT PARKING LOT CONCRETE RETAINING WALL Small Stone Fire Pit LAWN AREA LAWN AREA 6in PVC ? NYS Mile Marker 9A Subsurface Chamber Metal Guard Rail RAISED WOOD DECK 2 1 2 STORY FRAME DWELLING DRIVEWAY Drop Curb CONC CURB GRAVEL CONC APRON TOP OF BANK EDGE ? 12.3'± 0.1'w. On Line 0.2'w. 14.2' 9.2' LAWN EDGE BANK OF BOTTOM OF S 25° 58' 30" E 95.50' 0.93' N 24° 45' 00" W N 68° 46' 40" E 131.90' VACANT LOT 2' N. 8in Pipe Pipe Broken ? 12in CMP Tree Trimming Easement N 25° 58' 36" W 79.00' N 64° 01' 30" E 59.00' S 64° 01' 30" W 79.27' Inv=13.9 D 12in CMP 12in CMP 29.00' CONCRETE WALL FOUNDATION CONCRETE SLAB Liber 6745 c.p. 47 / Liber 6754 c.p. 41 Liber 7634 c.p. 723 Building Connection Sanitary Sewer CONCRETE FRAME STRUCTURE TIMBER RET. WALLS FENCE WIRE 4.7'± Steps 0.7 e. TIMBER RETAINING WALL REMAINS N 64°01'30"E FENCE EASEMENT TO BE ABANDOND *EASEMENT TO BE ABANDONED* S S S S S S 8in sdr-35 S 8in sdr-35 D D D D D D 65'± 8in sdr-35 86'± 8in sdr-35 16'± 8in sdr-35 36'± 8in sdr-35 181'± To Proposed Building N 82° 04' 20" E 81.03 N 41° 00' 00" E 30.25' 82.00' PROPOSED UTILLITY EASEMENT 12.51' 18'± Existing Sanitary Sewer Existing Sanitary Sewer TO BE REMOVED Existing M.H. M.H. N 65° 00' E 16.32' 28.00' S 25° 00' 00" E 177.85' N 25° 00' 00" W 203.13' S 7° 00' W 18.00' S 41° 00' W 40.00' N 7° 00' E 10.79' S 65° 00' W 3.30' 12 Ft. Wide PROPERTY AREA = 52,493 Sq. Ft. MAP 78.80 * BLOCK 5 * LOT 43 THE PREMISES SHOWN HEREON BEING THE SAME AS SHOWN ON A MAP ENTILEDED "CONSOLIDATION SUBDIVISION MAP FOR CROTON RIVERSIDE LLC" AND FILED IN THE WESTCHESTER COUNTY CLERK'S OFFICE DIVISION OF LAND RECORDS AS MAP No. 29601. TOWN OF CORTLANDT / VILLAGE OF CROTON-ON-HUDSON PREMISES ARE DESIGNATED ON THE TAX MAPS FOR THE Address: 25 South Riverside Avenue SOUTH RIVERSIDE AVENUE FORMERLY LIBERTY STREET CORP. N/F MOHEN N/F MAF REALTY FORMERLY R. NUGAL N/F SOCHUREK FORMERLY FINN N/F LISS FORMERLY S. GUNDERSEN N/F HUDSON VALLEY VENTURES FORMERLY HUDSON VALLEY TIMES CORP. N/F HOSKINS REALTY HOLDINGS VAN WYCK STREET POINT OF BEGINNING 320.08' 17-31 Graphic Scale 20' 20' 40' 80' 10' SEWER AS BUILT SURVEY OF PROPERTY SITUATE IN THE TOWN OF CORTLANDT VILLAGE OF CROTON ON HUDSON WESTCHESTER COUNTY NEW YORK SCALE : 1"= 20' SURVEYED : JANUARY 4, 2024 Mahopac N.Y. 10541 LAND SURVEYING P.C. JOSEPH R. LINK LAND SURVEYOR NO. 050456 NEW YORK STATE LICENSED NEW YORK STATE LICENSED LAND SURVEYOR SEAL Phone: 914-941-1440 Web http:\\ jrlsurveying.com THE OFFSETS SHOWN ARE FOR INFORMATIONAL PURPOSE ONLY. THEY ARE NOT INTENDED TO ESTABLISH PROPERTY LINES FOR THE ERECTION OF FENCES, STRUCTURES OR ANY OTHER IMPROVEMENT. ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN ORIGINAL OF THE LAND SURVEYOR'S SEAL SHALL BE CONSIDERED TO BE TRUE VALID COPIES. UNAUTHORIZED ALTERATION OR ADDITION TO A SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209, SUBDIVISION 2, OF THE NEW YORK STATE EDUCATION LAWS. SCHEDULE C