Village of Old Westbury, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
GENERAL REFERENCES
Bridle paths — See Ch. 71.
Drainage — See Ch. 91.
Fees and deposits — See Ch. 103.
Subdivision of land — See Ch. 185.
Water — See Ch. 210.
Zoning — See Ch. 216.
DRAINAGE EASEMENT
  THIS INDENTURE made the day of ________ 19 ___, between ___________ having its principal office at ____________ (hereinafter referred to as the "Grantor") and the INCORPORATED VILLAGE OF OLD WESTBURY, a municipal corporation of the State of New York, having its principal office at 1 Store Hill Road, Old Westbury, New York (hereinafter referred to as the "Grantee"):
WITNESSETH:
  That the Grantor, in consideration of Ten ($10) Dollars and other good and valuable consideration paid by the Grantee does hereby grant and release unto the Grantee, its successors and assigns forever an easement and right-of-way over, under, through and across all of the land described in Exhibits annexed hereto. Said easement shall be used by the Grantee for drainage purposes and for the purpose of inspecting and maintaining any drainage facilities installed in said easement area if the Grantor fails to maintain said facilities.
  The Grantor covenants that no buildings or structures, including fences of any kind, shall be erected within said easement area.
  Upon the failure of the Grantor to maintain said drainage facilities, the Grantee shall not have the obligation, but may enter the easement area for the purpose of constructing, reconstructing and maintaining said drainage facilities. If any owner shall fail to maintain that portion of his property which is within the premises described in Exhibits A-1 and A-2 as herein required, the Incorporated Village of Old Westbury may take such action to maintain such portion of the premises as is required by the provisions of this paragraph. Such work shall be performed at the sole cost and expense of the owner of the property involved. In the event that said owner shall fail to reimburse the Incorporated Village of Old Westbury for the cost of such work within 30 days after demand therefor, the amount of such charge shall be placed on the tax rolls of the Incorporated Village of Old Westbury against said property.
  This easement shall run with the land and be binding upon and inure to the benefit of the successors and assigns of the parties hereto.
  IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first written above.
By ______________________________
WATER MAIN EASEMENT
  THIS INDENTURE made the day of ________ 198 ___, between ___________ a corporation organized under the laws of the State of New York, having an office at (hereinafter ___________ referred to as the "Grantor"), and the INCORPORATED VILLAGE OF OLD WESTBURY, a municipal corporation of the State of New York, having its principal offices at 1 Store Hill Road, Old Westbury, New York 11568 (hereinafter referred to as the "Grantee"):
WITNESSETH:
  The Grantor, in consideration of ten and 00/100 ($10.00) dollars and other good and valuable consideration, paid by the Grantee, does hereby grant and release unto the Grantee, its successors and assigns forever, easements to lay pipes and appurtenant facilities under the Grantor's land particularly described in Exhibits annexed hereto, for the transportation of water and to maintain and operate, relay, remove and repair said pipes, together with all the rights and privileges incident and necessary to the enjoyment of the easements herein granted.
  By the acceptance of the easements the Grantee agrees to restore the premises to their original condition within a reasonable time after any construction, maintenance or repairs to said pipes and appurtenant facilities are performed.
  The easements herein granted shall run with the land and be binding upon and inure to the benefit of the successors and as: signs of the parties hereto.
  IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first written above.
By: _______________________
STATE OF NEW YORK, COUNTY OF
ss.:
  On the day of ________ 198 ___, before me personally came __________, to me known, who, being by me duly sworn, did depose and say that he resides at ___________; that he is the President of ___________, the corporation described in and 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 said corporation; and that he signed his name thereto by like order.
_____________________________
Notary Public
__________________ INSURANCE COMPANY PERFORMANCE BOND #__________
  KNOW ALL MEN BY THESE PRESENTS, that we ______________________ hereinafter called the Principal, and the _____________ INSURANCE COMPANY, a New York corporation having an office and place of business at _______, as Surety, are held and firmly bound unto the Inc. Village of OLD WESTBURY, Town of No. Hempstead, County of Nassau, New York, hereinafter called the Obligee, in the sum of ___________________________________ lawful money of the United States, for the payment of which sum to the Obligee, the Principal binds itself, its successors and assignees and the Surety binds itself, its successors and assignees, jointly and severally firmly by these presents.
  SIGNED, SEALED AND DATED THIS: ______ day of ____________ 198 .
  WHEREAS, the said Principal has made application to the Inc. Village of Old Westbury Planning Board for the approval of a plat about ___________ acres in size, described as __________ showing certain new streets, highways, curbings and installation of drainage improvements, and other public improvements required in connection with the approval of the aforesaid plat situated at _________________________________ Nassau County, New York,
  WHEREAS, the Principal has a beneficial interest in said project;
  NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH: that if the Principal during the period beginning on _________________ and ending on ____________ shall well and truly keep and in every respect comply with and conform to the provisions of the Incorporated Village of Old Westbury, and truly make or cause to be made on the final map of _____________________________________ as specifically called for in the Resolution of the Incorporated Village of Old Westbury Planning Board, hereby attached dated ______________________ and revised __________________, and ____________ approving the aforementioned subdivision, and shall pay, make good, and reimburse the Obligee for all loss and damage which it may sustain by reason of failure on the part of the Principal to make said improvements in connection with the site work to the aforementioned streets, highways, curbing, and installation of drainage improvements, and other public improvements required in connection with the approval of the aforesaid plat, then this obligation shall be void, otherwise to remain in full force and effect.
  NOW, THEREFORE, it is the further condition of this bond that in the event the Obligee is required to commence legal proceedings in any court of competent jurisdiction to enforce the terms of this bond, and a decision is rendered in favor of said Obligee against the Principal or Surety in an award for damages to said Obligee in a sum exceeding the highest offer of settlement made by the Surety or the Obligor in writing prior to the institution of such proceedings, then the Surety agrees to pay a reasonable sum in payment of the Obligee's necessary and reasonable legal expenses plus the reasonable sum for engineering fees incurred by the Incorporated Village of Old Westbury in causing the work to be completed and retaining an engineer as an expert witness for the purpose of trial.
  PROVIDED, that in no event shall the liability of the Surety hereunder exceed the penal sum of this Bond, plus the aforesaid legal and expert fees which shall not exceed 50% of the fair amount of this Bond. No party other than the Obligee shall have any rights hereunder as against the Surety.
By: ___________________
EQUESTRIAN AND PEDESTRIAN EASEMENT
  THIS INDENTURE made the day of 198, between, a corporation organized under the laws of the State of New York, having an office at (hereinafter referred to as the "Grantor"), and the INCORPORATED VILLAGE OF OLD WESTBURY, a municipal corporation of the State of New York, having its principal office at 1 Store Hill Road, Old Westbury, New York, 11568 (hereinafter referred to as the "Grantee"):
WITNESSETH:
  The Grantor, in consideration of ten and 00/100 ($10.00) dollars and other good and valuable consideration paid by the Grantee, does hereby grant and release unto the Grantee, its successors and assigns forever, an equestrian and pedestrian easement for horseback riding and walking over Grantor's land described in Exhibit A annexed hereto together with all the rights and privileges incident and necessary to the enjoyment of the easement herein granted.
  By the acceptance of this easement, the Grantee covenants and agrees that the use of the easement area shall be subject to the following conditions:
  1. No vehicles such as trucks, automobiles, bicycles, motorcycles, mini bikes, go-carts, snowmobiles and the like shall be permitted on the easement area. However, this restriction shall not apply to police emergency vehicles and vehicles used in connection with the maintenance of the easement area. The easement area shall not be obstructed in any way or to any extent by Grantor, his successors or assigns.[1]
  2. The easement area shall be used in the same manner and be subject to the same rules, regulations and laws as may be adopted by the Village for other equestrian and pedestrian easement areas which are or may be established in the Village.
  This easement shall run with the land and be binding upon and inure to the benefit of the successors and assigns of the parties hereto.
  IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first written above.
By:_____________________
[1]
Editor's Note: Paragraph No. 1 was amended by the Village Attorney June 1991.