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Hughes Holdings of Dutchess LLC Sidewalk Easement

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Attached document2026-07-27
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HUGHES HOLDINGS OF DUTCHESS LLC SIDEWALK 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 desires a perpetual easement over a portion of the Property for public pedestrian use of a sidewalk; 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 sidewalk easement and public pedestrian access right over, upon, and across a portion of the Property.

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 unto Grantee, its successors and assigns, a perpetual, non-exclusive easement over, through, and across the portion of the Property depicted and described as the “Sidewalk Easement” 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 by reference (the “Easement Area”).

  2. The easement is for the benefit of the public to permit pedestrian use of the sidewalks located in the Easement Area. The Easement Area shall be open and available to the general public for pedestrian access and use, including use by persons with disabilities, twenty-four (24) hours per day, seven (7) days per week, subject to temporary closures reasonably necessary for construction, maintenance, or public safety.

  3. The easement rights herein shall run with the land and shall be in gross in favor of Grantee, its successors and assigns.

  4. The Easement Area is limited to pedestrian use; motor vehicles are prohibited except for authorized emergency or service/maintenance vehicles.

  5. Grantor shall, at its sole cost (except as otherwise required by applicable law), operate, inspect, maintain, repair, and replace the sidewalk within the Easement Area as reasonably necessary to ensure safe public use.

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  1. The Grantor and/or its affiliates, heirs, successors, and assigns shall be responsible for the maintenance of the Easement Area and all costs and/or expenses associated therewith. Said Easement Area must be maintained in a reasonably safe condition for the purposes described above, free from obstructions, and passable in all weather conditions, including reasonably free from snow and ice for the full width thereof. Snow and ice shall be removed within 24 hours after the end of a snowfall and between 9:00am and 5:00pm.

  2. In the event Grantor fails to perform its repair or maintenance obligations as set forth in Paragraph 5 hereof, other than removal of snow and ice, Grantee reserves the right, after ten (10) day written notice to Grantor, to repair said sidewalk and notify the Village Clerk of the reasonable expense incurred by amount of labor equipment and materials used in said repair, provided that Grantor has failed to commence to perform such sidewalk repair prior to the expiration of the ten (10) day notice period. In the event Grantor shall fail to timely remove snow and ice as set forth in Paragraph 6 hereof, Grantee reserves the right, without further notice to Grantor, to remove the snow and ice and notify the Village Clerk, who shall promptly notify the Grantor of the cost of removal of snow and ice based on the Village fee schedule in writing. If the cost of said removal is not paid within ninety (90) days after notification, the cost thereof shall be assessed against the Property and added to the parcel’s tax bill and shall become a lien thereon, collectible in the same manner as delinquent Village taxes. The Grantee shall have the right to enforce any provision of this Agreement by any proceeding at law or in equity against the Grantor, its agents, heirs, successors, or assigns, as well as the right to seek reimbursement of the costs of maintenance and/or enforcement, including any reasonable legal fees, costs, and disbursements incurred in connection with such a proceeding.

  3. Grantor acknowledges that at all times it shall maintain insurance for any claim of loss or injury that shall occur as a result of any condition related to the sidewalk. Unless such occurrence of loss or injury is caused by Grantee, its contractors, agents, or servants, in the use, operation or repair of the sidewalk, Grantor shall indemnify, defend and hold Grantee harmless against any claims of loss or injury as set forth herein.

  4. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Easement Area to the general public, nor shall anything contained in this Agreement be deemed to constitute a taking of any portion of the Property, as Grantor represents and warrants that it is voluntarily entering this Agreement.

  5. Ownership of the Easement Area shall remain in all respects vested in Grantor and its successors, heirs, and/or assigns and the use and enjoyment of the Easement Area is retained in perpetuity by and for Grantor, its successors, heirs, and/or assigns, subject to the provisions of the Easement granted hereby.

  6. All areas disturbed by Grantee, if any, by the exercise or the rights conferred and the easements granted under this Agreement shall be restored by Grantee, to the condition that existed prior to the disturbance.

  7. Termination. This Agreement may be terminated by Grantor in the event that the sidewalk is removed or relocated by a governmental entity including but not limited to the New York State Department of Transportation due to road widening or other improvements.

  8. Grantor shall not interfere with Grantee’s use and enjoyment of the easement rights granted herein, and Grantee shall use reasonable efforts to minimize interference with Grantor’s use of the Property.

  9. Grantor hereby covenants that the Grantor is seized of the Property in fee simple and has good right to grant this Easement; shall not take any action which would materially prevent, impede or disturb the full use and intended purpose of this Easement by the Grantee; and shall execute 2

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SCHEDULE A

[Map]

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SCHEDULE B

[Legal Description]

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SCHEDULE B – SIDEWALK 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 66° 44' 31" E 34.16 feet from the southwesterly corner of Lot No. 3 - FILED MAP No. 9373A.

Thence along the boundary of said easement the following eighteen (18) courses and distances:

  1. N 75° 09' 31" E 116.91 feet to a point,

  2. N 72° 39' 23" E 49.71 feet to a point,

  3. N 47° 39' 15" E 6.01 feet to a point, 4. N 73° 41' 58" E 33.88 feet to a point, 5. S 80° 15' 18" E 4.23 feet to a point,

  4. N 72° 39' 23" E 88.55 feet to a point, 7. S 15° 20' 59" E 6.00 feet to a point,

  5. S 72° 39' 23" W 89.79 feet to a point,

  6. N 80° 15' 18" W 4.28 feet to a point, 10. S 73° 41' 58" W 31.11 feet to a point,

  7. S 47° 39' 15" W 5.95 feet to a point, 12. S 72° 39' 23" W 28.27 feet to a point,

  8. S 75° 09' 31" W 143.54 feet to a point,

  9. N 82° 20' 29" W 20.38 feet to a point,

  10. S 84° 09' 38" W 4.88 feet to a point, 16. N 22° 31' 51" E 6.55 feet to a point, 17. N 72° 20' 00" E 1.90 feet to a point, 18. S 82° 20' 29" E 23.15 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