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Hughes Holdings of Dutchess LLC Sewer and Water Main Easements

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Attached document2026-07-13
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HUGHES HOLDINGS OF DUTCHESS LLC SEWER EASEMENT

THIS EASEMENT, made this day of _____, 2026, by and between Hughes Holdings of Dutchess LLC having an address at 16 Eastview Lane, Red Hook, New York 12571, (the “Grantor”) in favor of the VILLAGE OF RED HOOK, a municipal corporation having an office at Village Hall, 7467 South Broadway, Red Hook, New York 12571 (“Grantee”), collectively the “Parties”.

WITNESSETH:

WHEREAS , Grantor is the owner of premises located in the Village of Red Hook, County of Dutchess, State of New York, designated on the tax maps as Tax Grid No. 134801-6272-10388518, which is more particularly described in a deed recorded in the Dutchess County Clerk’s Office on November 26, 2024, as Document #02 2024 53781, from The Inwood Foundation to Hughes Holdings of Dutchess LLC and is commonly known as “The Farmhouses at Red Hook”, (the “Property”); and

WHEREAS , Grantee owns and operates municipal sewer system which requires that a septic tank with an effluent pump, control panel, laterals, mains and appurtenances be installed on each individual property served by the sewer system (the “Sewer System Components”); and

WHEREAS , the installation of the electrical pump requires access and connection to an existing electrical panel(s) on the Property and the use of two circuit breakers spaces in a panel for the installation of a 30 Amp circuit breaker for the sewer system components; and

WHEREAS , the Village is not responsible for upgrading any existing electrical panels except as necessary to provide power to the sewer system components; and

WHEREAS , the Parties desire to set forth the terms and conditions under which Grantor will grant, and Grantee will accept, a perpetual, non-exclusive easement and right-of-way over, under, upon, through, and across a portion of the Property in connection with its sewer system.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and Grantee agree as follows:

  1. Grantor hereby grants and conveys unto the Grantee, its successors and assigns forever a permanent and perpetual easement over, across and within the Property depicted and described on that certain “Easement Plan” prepared by Mark R. Graminski P.E. L.S. P.C., titled Easement Plan Sidewalk – Water Main – Sanitary Sewer Prepared For “The Farmhouses at Red Hook”/Hughes Holdings of Dutchess LLC, dated January 14, 2026, and has been filed in the office of the Dutchess County Clerk as FM No. __________________, a reduced copy of which is attached as Exhibit “A” and the legal description of same is attached as Exhibit “B” both of which are incorporated herein (the “Easement Area”), for the purpose of constructing, operating, maintaining, pumping, repairing and replacing, as necessary, the Sewer System Components, all in accordance with “New York State Standards for Intermediate Sized Wastewater Treatment Systems” and “Recommended Standards for Wastewater Facilities”.

  2. The easement rights herein shall run with the land and shall be appurtenant to the sewer system owned and/or operated by Grantee and shall also be in gross in favor of Grantee, its 1

successors and assigns, including any public sewer district or authority lawfully operating the Village’s sewer system.

  1. This Agreement also includes a right of access to the Easement Area from the public rightof-way. The Grantee’s access to the Easement Area shall be unrestricted during normal business hours or, upon reasonable notice, during non-business hours, or in an emergency, and shall include, without limitation, unrestricted access, egress and ingress to and across all improvements, structures and facilities thereon.

  2. Grantor shall procure all necessary approvals and permits for the initial construction and installation of the Sewer System Components on the Property. Thereafter, Grantee shall have sole and exclusive supervision and control of the construction of all improvements upon the Easement Area, including the selection of materials and contractors. Grantor agrees, upon request, to cooperate with the Grantee in obtaining such licenses and permits where required.

  3. Grantee shall not at any time permit or suffer any lien to be attached to the Property, and, if attached, shall within thirty (30) days cause the same to be discharged and released. Grantor shall be responsible for carrying fire and all risk insurance on the Property.

  4. Grantee shall indemnify and hold harmless Grantor from and against any and all claims, liabilities, losses, damages, and/or judgments (hereinafter “Claims”), arising or resulting from the Grantee’s breach of its obligations under this Agreement, or the negligence or willful misconduct of the Village or any of its agents or contractors arising out the exercise of the Grantee’s rights under this Agreement. Notice of any claim subject to this indemnification shall be given within 90 days after the date on which the claim accrues. Excluded from the provisions of this section are claims for liabilities, losses, damages and/or judgments arising from, out of or incident to the negligence or willful misconduct of Grantor, loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Grantor’s Property.

  5. The Grantee shall have the right to maintain, repair, alter, add to or reconstruct the Sewer System Components on the Property as often and whenever it deems proper, and the Grantor shall not obstruct or impede the Grantee in the exercise of that right. All structures and improvements created hereunder shall belong to the Grantee, and Grantor shall not remove, modify, maintain or tamper with such structures without the express written permission of the Grantee.

  6. The Grantee may, at its option, obtain a current survey of the Easement Area, made and certified by a licensed surveyor or engineer, showing the location, area, boundaries and dimensions of the Easement Araea and Sewer System Components, the relevant location thereof with respect to streets or highways and the location or proposed location of utility lines.

  7. Grantor agrees not to make any claims against the Grantee for, or by reason of, any inconvenience or interference with the Grantor’s use, occupancy or enjoyment of the Easement Area or the use, occupancy or enjoyment of any person claiming under or through the Grantee, including without limitation tenants, invitees, guests, licensees or others,

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SCHEDULE A

[Map]

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SCHEDULE B

[Legal Description]

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SCHEDULE B – SANITARY EASEMENT DESCRIPTION – THE FARMHOUSES AT RED HOOK

All that parcel of land situate in the Village of Red Hook, County of Dutchess, and State of New York, as shown on a map entitled: “EASEMENT PLAN – SIDEWALK-WATERMAIN-SANITARY SEWER – PREPARED FOR “THE FARMHOUSES AT RED HOOK” – HUGHES HOLDINGS OF DUTCHES LLC - FURTHER IDENTIFIED AS – LOT NO. 3-FILED MAP NO. 9373A - TAX GRID NO. 134801-6272-10-388518”, PREPARED BY MARK R. GRAMINSKI P.E. L.S. P.C., CONSULTING ENGINEER AND LAND SURVEYOR, DATED JANUARY 14, 2026 and filed in the Dutchess County Clerk’s Office as Filed Map No. XXXXX, and being more particularly bounded and described as follows:

Beginning at a point, said point being located on the northerly easement boundary and being distant N 63° 49' 22" E 124.89 feet from the southwesterly corner of Lot No. 3 - FILED MAP No. 9373A.

Thence along the boundary of said easement the following eighteen (64) courses and distances:

  1. S 72° 39' 10" W 25.33 feet to a point,

  2. N 17° 20' 50" W 8.68 feet to a point,

  3. N 62° 20' 50" W 4.41 feet to a point, 4. N 17° 20' 50" W 71.05 feet to a point, 5. N 5° 09' 10" E 69.14 feet to a point, 6. N 27° 39' 10" E 98.17 feet to a point, 7. N 62° 20' 50" W 15.10 feet to a point, 8. N 22° 31' 38" E 10.04 feet to a point, 9. S 62° 20' 50" E 85.63 feet to a point, 10. S 39° 50' 50" E 140.36 feet to a point, 11. S 17° 20' 50" E 32.50 feet to a point, 12. S 27° 39' 10" W 4.41 feet to a point, 13. S 17° 20' 50" E 8.52 feet to a point, 14. S 72° 39' 10" W 25.33 feet to a point,

  4. N 17° 20' 50" W 5.17 feet to a point, 16. S 72° 39' 10" W 2.50 feet to a point, 17. N 17° 20' 50" W 10.00 feet to a point, 18. N 72° 39' 10" E 2.50 feet to a point, 19. N 17° 20' 50" W 7.83 feet to a point, 20. S 72° 39' 10" W 2.50 feet to a point, 21. N 17° 20' 50" W 10.00 feet to a point, 22. N 72° 39' 10" E 2.50 feet to a point, 23. N 17° 20' 50" W 5.17 feet to a point, 24. N 72° 39' 10" E 18.45 feet to a point, 25. N 17° 20' 50" W 3.98 feet to a point, 26. N 39° 50' 50" W 136.38 feet to a point, 27. N 62° 20' 50" W 30.89 feet to a point, 28. S 17° 20' 50" E 12.08 feet to a point, 29. N 72° 39' 10" E 5.17 feet to a point, 30. S 17° 20' 50" E 25.33 feet to a point, 31. S 72° 39' 10" W 5.17 feet to a point, 32. S 17° 20' 50" E 2.50 feet to a point, 33. S 72° 39' 10" W 10.00 feet to a point, 34. N 17° 20' 50" W 2.50 feet to a point, 35. S 72° 39' 10" W 5.17 feet to a point, 36. N 17° 20' 50" W 25.33 feet to a point, 37. N 72° 39' 10" E 5.17 feet to a point, 38. N 17° 20' 50" W 22.08 feet to a point, 39. N 62° 20' 50" W 12.61 feet to a point, 40. S 27° 39' 10" W 12.60 feet to a point, 41. S 17° 20' 50" E 22.09 feet to a point, 42. N 72° 39' 10" E 5.17 feet to a point, 43. S 17° 20' 50" E 25.33 feet to a point, 44. S 72° 39' 10" W 5.17 feet to a point, 45. S 17° 20' 50" E 2.50 feet to a point, 46. S 72° 39' 10" W 10.00 feet to a point, 47. N 17° 20' 50" W 2.50 feet to a point, 48. S 72° 39' 10" W 5.17 feet to a point,

  5. N 17° 20' 50" W 25.33 feet to a point, 50. N 72° 39' 10" E 5.17 feet to a point,

  6. N 17° 20' 50" W 12.09 feet to a point,

  7. S 27° 39' 10" W 69.45 feet to a point,

  8. S 5° 09' 10" W 65.17 feet to a point,

  9. S 17° 20' 50" E 42.53 feet to a point,

  10. N 72° 39' 10" E 18.45 feet to a point,

  11. S 17° 20' 50" E 5.17 feet to a point,

  12. N 72° 39' 10" E 2.50 feet to a point,

  13. S 17° 20' 50" E 10.00 feet to a point,

  14. S 72° 39' 10" W 2.50 feet to a point,

  15. S 17° 20' 50" E 7.83 feet to a point,

  16. N 72° 39' 10" E 2.50 feet to a point,

  17. S 17° 20' 50" E 10.00 feet to a point,

  18. S 72° 39' 10" W 2.50 feet to a point,

  19. S 17° 20' 50" E 5.33 feet to the point or place of beginning.

Subject to the rights of the public in and to the use of those portions of property which abut Firehouse Lane. Subject to any easements or rights of way that may exist. Subject to any conditions of FM No. 9373A

HUGHES HOLDINGS OF DUTCHESS LLC WATER MAIN EASEMENT

THIS EASEMENT, made this day of _____, 2026, by and between Hughes Holdings of Dutchess LLC having an address at 16 Eastview Lane, Red Hook, New York 12571, (the “Grantor”) in favor of the VILLAGE OF RED HOOK, a municipal corporation having an office at Village Hall, 7467 South Broadway, Red Hook, New York 12571 (“Grantee”), collectively the “Parties”.

WITNESSETH:

WHEREAS , Grantor is the owner of premises located in the Village of Red Hook, County of Dutchess, State of New York, designated on the tax maps as Tax Grid No. 134801-6272-10-388518, which is more particularly described in a deed recorded in the Dutchess County Clerk’s Office on November 26, 2024, as Document #02 2024 53781, from The Inwood Foundation to Hughes Holdings of Dutchess LLC and is commonly known as “The Farmhouses at Red Hook”, (the “Property”); and

WHEREAS , Grantee owns and operates municipal water main system which requires that laterals, mains and appurtenances be installed on each individual property served by the water main system (the “Water System Components”); and

WHEREAS , the Village is not responsible for upgrading any existing water mains except as necessary for the operation of the Water System Components; and

WHEREAS , the Parties desire to set forth the terms and conditions under which Grantor will grant, and Grantee will accept, a perpetual, non-exclusive easement and right-of-way over, under, upon, through, and across a portion of the Property in connection with its water main system.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and Grantee agree as follows:

  1. Grantor hereby grants and conveys unto the Grantee, its successors and assigns forever a permanent and perpetual easement over, across and within the Property depicted and described on that certain “Easement Plan” prepared by Mark R. Graminski P.E. L.S. P.C., titled Easement Plan Sidewalk – Water Main – Sanitary Sewer Prepared For “The Farmhouses at Red Hook”/Hughes Holdings of Dutchess LLC, dated January 14, 2026, and has been filed in the office of the Dutchess County Clerk as FM No. _________________, a reduced copy of which is attached as Exhibit “A” and the legal description of same is attached as Exhibit “B” both of which are incorporated herein (the “Easement Area”), for the purpose of constructing, operating, maintaining, pumping, repairing and replacing, as necessary, the Water System Components, all in accordance with New York State Standards for similar water systems.

  2. The easement rights herein shall run with the land and shall be appurtenant to the water main system owned and/or operated by Grantee and shall also be in gross in favor of Grantee, its successors and assigns, including any public water district or authority lawfully operating the Village’s water main system.

  3. This Agreement also includes a right of access to the Easement Area from the public right-of way. The Grantee’s access to the Easement Area shall be unrestricted during normal business hours or, upon reasonable notice, during non-business hours, or in an emergency, and shall

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include, without limitation, unrestricted access, egress and ingress to and across all improvements, structures and facilities thereon.

  1. Grantor shall procure all necessary approvals and permits for the initial construction and installation of the Water System Components on the Property. Thereafter, Grantee shall have sole and exclusive supervision and control of the construction of all improvements upon the Easement Area, including the selection of materials and contractors. Grantor agrees, upon request, to cooperate with the Grantee in obtaining such licenses and permits where required.

  2. Grantee shall not at any time permit or suffer any lien to be attached to the Property, and, if attached, shall within thirty (30) days cause the same to be discharged and released. Grantor shall be responsible for carrying fire and all risk insurance on the Property.

  3. Grantee shall indemnify and hold harmless Grantor from and against any and all claims, liabilities, losses, damages, and/or judgments (hereinafter “Claims”), arising or resulting from the Grantee’s breach of its obligations under this Agreement, or the negligence or willful misconduct of the Village or any of its agents or contractors arising out the exercise of the Grantee’s rights under this Agreement. Notice of any claim subject to this indemnification shall be given within 90 days after the date on which the claim accrues. Excluded from the provisions of this section are claims for liabilities, losses, damages and/or judgments arising from, out of or incident to the negligence or willful misconduct of Grantor, loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Grantor’s Property.

  4. The Grantee shall have the right to maintain, repair, alter, add to or reconstruct the Water System Components on the Property as often and whenever it deems proper, and the Grantor shall not obstruct or impede the Grantee in the exercise of that right. All structures and improvements created hereunder shall belong to the Grantee, and Grantor shall not remove, modify, maintain or tamper with such structures without the express written permission of the Grantee.

  5. The Grantee may, at its option, obtain a current survey of the Easement Area, made and certified by a licensed surveyor or engineer, showing the location, area, boundaries and dimensions of the Easement Araea and Water System Components, the relevant location thereof with respect to streets or highways and the location or proposed location of utility lines.

  6. Grantor agrees not to make any claims against the Grantee for, or by reason of, any inconvenience or interference with the Grantor’s use, occupancy or enjoyment of the Easement Area or the use, occupancy or enjoyment of any person claiming under or through the Grantee, including without limitation tenants, invitees, guests, licensees or others, associated with the Grantee’s activities under this Agreement.

  7. The Grantee and its agents and contractors shall conduct all work activities on the Property in a workmanlike manner and in accordance with prevailing industry practices, standards and procedures. The Grantee shall plan, schedule, and conduct its activities as expeditiously as is reasonably practicable and shall conduct such activities in a manner which avoids to the extent practicable any inconvenience, disruption or interference to Grantor’s use of the Property and/or the business or operations being conducted by Grantor at the Property to the extent practicable.

  8. This Agreement shall be effective when fully executed by the Parties.

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SCHEDULE A

[Map]

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SCHEDULE B

[Legal Description]

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SCHEDULE B – WATER MAIN EASEMENT DESCRIPTION – THE FARMHOUSES AT RED HOOK

All that parcel of land situate in the Village of Red Hook, County of Dutchess, and State of New York, as shown on a map entitled: “EASEMENT PLAN – SIDEWALK-WATERMAIN-SANITARY SEWER – PREPARED FOR “THE FARMHOUSES AT RED HOOK” – HUGHES HOLDINGS OF DUTCHES LLC - FURTHER IDENTIFIED AS – LOT NO. 3-FILED MAP NO. 9373A - TAX GRID NO. 134801-6272-10-388518”, PREPARED BY MARK R. GRAMINSKI P.E. L.S. P.C., CONSULTING ENGINEER AND LAND SURVEYOR, DATED JANUARY 14, 2026 and filed in the Dutchess County Clerk’s Office as Filed Map No. XXXXX, and being more particularly bounded and described as follows:

Beginning at a point, said point being the northwesterly corner of the herein described easement and being distant N 22° 31' 38" E 0.29 feet from the southwesterly corner of Lot No. 3 - FILED MAP No. 9373A.

Thence along the boundary of said easement the following eleven (11) courses and distances:

  1. N 74° 02' 17" E 145.45 feet to a point,

  2. N 74° 35' 58" E 36.31 feet to a point,

  3. N 71° 29' 21" E 37.58 feet to a point, 4. N 71° 01' 36" E 40.90 feet to a point,

  4. N 72° 25' 22" E 37.86 feet to a point, 6. N 69° 53' 49" E 34.00 feet to a point,

  5. S 15° 21' 12" E 10.03 feet to a point,

  6. S 69° 53' 49" W 33.39 feet to a point,

  7. S 72° 25' 22" W 12.42 feet to a point,

  8. S 75° 09' 18" W 286.31 feet to a point,

  9. N 22° 31' 38" E 0.29 feet to the point or place of beginning.

Subject to the rights of the public in and to the use of those portions of property which abut Firehouse Lane. Subject to any easements or rights of way that may exist. Subject to any conditions of FM No. 9373A