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DRAINAGE EASEMENT
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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"):
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WITNESSETH:
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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.
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The Grantor covenants that no buildings or structures, including
fences of any kind, shall be erected within said easement area.
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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.
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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.
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IN WITNESS WHEREOF, the Grantor has hereunto set its hand
and seal the day and year first written above.
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By ______________________________
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WATER MAIN EASEMENT
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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"):
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WITNESSETH:
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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.
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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.
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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.
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IN WITNESS WHEREOF, the Grantor has hereunto set its hand
and seal the day and year first written above.
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By: _______________________
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STATE OF NEW YORK, COUNTY OF
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ss.:
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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.
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_____________________________
Notary Public
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__________________ INSURANCE COMPANY PERFORMANCE BOND #__________
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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.
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SIGNED, SEALED AND DATED THIS: ______ day of ____________
198 .
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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,
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WHEREAS, the Principal has a beneficial interest in said
project;
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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.
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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.
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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.
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By: ___________________
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EQUESTRIAN AND PEDESTRIAN EASEMENT
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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"):
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WITNESSETH:
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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.
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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:
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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]
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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.
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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.
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IN WITNESS WHEREOF, the Grantor has hereunto set its hand
and seal the day and year first written above.
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By:_____________________
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[1]
Editor's Note: Paragraph No. 1 was amended by the Village Attorney
June 1991.
