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NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER

This page is part of the instrument The City Register willrely on the information provided by you on this page for purposes of indexing chis instrument. TIle information on chis page willcontrol for indexing purposes in the event of any conflicl with the rest of ihe document.

2004062300158001001 ED2EB

RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 12

Document 10: 2004062300158001 Document Date: 09-20-2001 Preparation Date: 06-23-2004

Document Type: EASEMENT

Document Pa e Count: 11

PRESENTER:

RETURN TO:

PETER WILLIAMS ENTERPRISES, INC. 35 CROSBY STREET #100B

NEW YORK, NY 10013

212-431-1800

PETER WILLIAMS ENTERPRISES, INC. 35 CROSBY STREET #1008

NEW YORK, NY 10013

212-431-1800

PROPERTY DATA

Borough Block Lot Unit

BROOKLYN 1127 48 Partial Lot

Property Type: INDUSTRIAL BUILDING

Borough Block Lot Unit

BROOKLYN 1127 7501 Entire Lot

Property Type: INDUSTRIAL BUILDING

Address

38 SIXTH A VENUE Easement

Address 246AVENUE Easement

CROSS REFERENCE DATA

CRFN. _

or Document 1o _

Reel

Page __ or File Number _

or

Year

PARTIES

. GRANTEEIBUYER:

YOSlIIZUMI CORP.

24 6TH A VENUE BROOKLYN, NY 11217

GRANTOR/SELLER:

PETER WILLIAMS ENTERPRISES, INC. 35 CROSBY STREET

NEW YORK, NY 10013

FEES AND TAXES

Mortgage Recording Fee: $ 95.00

Mort age Amount: $ 0.00· Affidavit Fee: $ 0.00

Taxable Mortgage Amount: $ 0.00. NYC Real Property Transfer Tax Filing Fee:

I-:::E::-.x-em-.-l?t--:-io-_n-~-_._""-._"'. __ '--._-_-_-_- .. -._:=====- __ --=--_- _-_-~.-_- ... -_.-. _- ... -' . . _ ~ __ .

TAXES: Count (Basic): $ 0.00 I NYS Real K<;tate Transfer Tax:

.. _. _Cityj_Additi(mal): $Q.OO_._l. !_

S c (Additional): $ 0.00 i

25.00

---_.- ....

r- __ ~T~A=S~·F-:-_-~$~-----~O.~OO~--~I

___ ---=-M-:::T.:,.:A=:::-:-- __ -t=$ __:O_.OO _

NYCT A: $ 0.00

Rccordedlfiled 07-13-2004 12:43

City Register File No.(CRfN):

~ 1,00 0434940

. '1°~~'

City Register Offici _ Signature

Additional MRT: $ 0.00

TOTAL: $ 0.00

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EASEMENT AGREEMENT

THIS INDENTURE made the 20th day of September, 200 J , between YOSHIZUMI Corporation, a New York Corporation having an office at 24 Sixth Avenue, Brooklyn, New York (hereinafter "Yoshizumi) and PETER WILLIAMS ENTERPRISES with an address at 35 Crosby Street, New York, New York (hereinafter "PWE").

WHEREAS:

A. Yoshizumi is the owner of the premises (the "Yoshizumi Premises") more

particularly described in Schedule A hereto annexed, and known as 24 Sixth Avenue, Brooklyn, New York, 11217, upon a portion of which is erecthd a 4-story brick building.

B. CHEST REALTY CORPORATION, with an address at 475 Dean Street, Brooklyn; New York (hereinafter "Chest") Chest is the owner of the premises (the "Chest Premises") more particularly described in Schedule B hereto annexed. and known as 475 Dean Street Brooklyn, New York. 11217, a portion of which face the rear of the Yoshizumi Premises on two (2) sides.

C. Peter Williams Enterprises. Inc is the owner of the premises (the "PWE

Premises") more particularly described in Schedule W hereto annexed, known as 38 Sixth Avenue, New York. 11217, which runs along the south side of the Sixth Avenue wing of the Yoshizumi Premises fronting on Sixth Avenue.

D. Yoshizumi desires to covenant and warrant to PWE and their Assigns that

it will not build any additions or structures (except as described in section E immediately below) in the areas between the Yoshizumi and Chest premises (the "Restricted Area"). more particularly described in Schedule C-1 and C-3 annexed hereto.

E. There is a bridge crosswalk in the Restricted Area running south

alongside the east side of the Chest Premises which allows passage for emergency purposes. A covered passageway (the "PWE Passagewa() runs between the northern side of the PWE Premises and the southern side of the . Sixth Avenue wing of the Yoshizumi Premises, more particularly described in Schedule C-2 & C-3 annexed hereto.

F. A covered walkway runs south alongside the southwestern portion of the

Sixth Avenue wing of the Yoshizumi Premises, beginning from a rear exit of the Yoshizurni Premises and ending at the. PWE Passageway. There is an opening in the covered walkway's railing next to the entrance to the PWE Passageway which allows emergency egress from the Restricted Area through the PWE Passageway.

G Yoshizumi and PWE desire to make certain other agreements and covenants set forth herein ..

NOW, THEREFORE, in consideration of $10.00 (Ten U.S. Dollars) and other good and valuable consideration paid by each party to the other, it is agreed as follows:

1. Yoshizumi grants and releases unto PWE and their heirs and ASSigns

forever the right to unrestricted light and air over the Restricted Area as described in

schedule C-1 and depicted in schedule C-3 and"s'hown as "area R", which is between the Yoshizumi property as described in schedule A and the Chest property as described in Schedule B.

2. Yoshizumi shall be restricted from constructing any buildings, structures or extensions in the Restricted Area as described in schedule C-1 and depicted in schedule C-3 and shown as "area R", except as described herein.

3. Yoshizumi also acknowledges that with regard to any vertical expansion of its structure, same shall be limited to removable enclosures less than ten (10) feet high placed on rooftop patio areas and set back a minimum of six (6) feet from the exterior wall facing the Chest Premises.

4. Yoshizumi grants an easement across the Restricted Area in favor of PWE and its heirs and assiqns forever, for emergency purposes only, for as long a time as it be required by law for the respective premises involved.

5. Chest and Yoshizumi shall continue to have an easement for egress across the PWE Passageway for as long a time as it be required by law for the respective premises and parties shall not assign that right to any party other than owner in or of the respective premises. PWE reserves the right to alter the size and location of the, egress as long as egress is provided and complies with law.

6. TO HAVE AND TO HOLD the right and interest of light and air unto PWE, its heirs and assigns forever, Yoshizumi covenants as follows:

(a) Yoshizumi will keep the Restricted Area as described in schedule C-1 and depicted in schedule C-3 and shown as "area R" forever open and free of all buildings and structures, except the existing covered walkway, and it shall be and forever remain open in connection with the Chest Premises.

(b) Yoshizumi will not perform any act on the Yoshizumi Premises by which the light and air of the windows on the Chest Premises are obstructed, except as set forth herein above in 6(a).

7.Yoshizumi hereby grants to Chest, its successors and assigns, the right to use and maintain the fire escape and the crosswalk located in the Restricted Area. The cost of maintenance and repair of said fire escape and crosswalk shall continue to be borne by Chest.

8. These covenants are to run with the land and shall be binding upon and inure to the benefit of the heirs and assigns of the parties hereto.

9. If this agreement conflicts with eariier easement(s) between the respective properties (PWE, Chest, Yoshizumi) this Indenture shall take president to the extent of the conflict; including the agreement between A.G. Spalding & Bros. Inc. and Dean-Sixth Realty Corporation recorded February 26, 1942.

10. IT is understood and agreed that PWE may at its Sole discretion assign any and

all rights here-in granted to "Chest" or its successor in interest without notice.

11. In the event that the Building Department of the City of New York requires modification(s) of this document to permit PWE or Chest, or their successors, to use the granted air and light easement for legal light and air, Yoshizumi and its successors will

cooperate and execute such documents' as needed provided that there is not increase of the easement granted.

12. IN WITNESS WHEREOF, Yoshizumi and PWE have set their hands on

this 20th day of December 2001.

Yoshizumi Corporation

~olI.M14

ReQiSJlOit

Secretary Treasure

1

~UJCJ9lJ 'b be'; ctll HL

FAUSTO GUDINO "_nl ~ b J){,l-Jf- It ! S€? lUI ~ 1

Notary Public, State of New York ' t- IS \J r

No. 01GU6027125 /) I

Qualified in Kings County

Commission Expires .June 28, 201ll (~ t

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STA TE OF NEW YORK )

ss.

COUNTY OF

On the 2Li'111 day of 5 f:;p~ l'vYlbeJ;" 2001, before me, _the undersigned, a Notary Public in and for the said State, personally appeared gr;~lo p ·~iJo; t , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument.

STATE OF NEW YORK )

S5:

COUNTY OF

)

On the -7-th. day of Oc::e 2002, before me the undersigned, a

Notary Public in and for the said State, personally appearedTl5T£R WI t.-L.If\tVt5 , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that ,by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument.

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NOTA'; PU8LlJ; tr~~A:aJ NEW YORK

NO. 01AL6079965

QUALIFIED IN KINGS COUNTY ( .

COMM1SSION EXPIRES SEPTEM SER 3, 20 Q\.R

SCHEDULE A

Yosbizumi Associates LLC., A New York Lirnited Liability Company is the owner of the premises descn"bed as follows:

All that certain lot, piece or parcel of land with builttlngs aDd improl'aDClltS thereon. $itUated.

_./ i!rmg and being in the Borough of Brooklyn, County of Kings, City and State of New York,

bounded and descnDcd as follows: .

Jrlock 11l1- Lut Jj

BEGINNING at the comer fonned by the intersection of the westerly side of Sixth Avawe md the southerly side of Pacific Street, !1.1IUDng thence southerly along the westerly side of Sixth A1<'lmUe 142 feet - 6 ~hes; thence westerly parallel with Dean Street 40 feet; thence northerly parallel with Sixth Amuse 1 fuo~ - 6 inches: thence ~stetly parallel with Dean Street I feet: tbence northmly parallel with Sixth Avenue ,17 feet; thImce wmerly parallel with Dean Street 52 1iset; thence northerly parallel with Sixth A venue 54 teet to the soutberly side ofPac~ Street 100 met to the point or place ofBEGINNINO.

Hereinafter, referred to as the "Yosbizumi Premises". Also known as 24 Sixth Avenue. Brooklyn, New Yode.

SCHEDULE B

All that certain plot, piece or parcel of lanel, situated, lying and being in the Borough of Brooklyn, County of Kings, and State and City of New York bounded and described as follows:

BEGINNING at a point on the northerly side of Dean Street distant 105 feet westerly from the corner formed by the intersection of the westerly side of Sixth Avenue with the northerly side of Dean Street; thence westerly along the northerly side of Dean Street 45 feet, thence northerly parallel with Sixth Avenue and p'art of the distance through a party waif 110 feet; thence easterly parallel With Dean Street 50 feet; thence northerly parallel with Sixth Avenue 56 feet; thence easterly parallel, with Dean Street 52 feet; thence southerly parallel with Sixth Avenue 88'-6" feet; thence westerly parallel with Dean Street 57 feet; thence southerly parallel with Sixth Avenue and part of the distance through a party wall 77 feet 6 inches to the northerly side of Dean Street; to the point or place of beginning.

Said premises being know as 475 Dean Street.

, .

SCHEDULE C-1

EASEMENT to Peter Williams Enterprises, inc.

ALL that certain lot piece or parcel of land with the buildings and improvements thereon( situate, lying ana being in the Borough of Brooklyn, County of Kings, City and State a New York, bounded arid described as follows:

BEGINNING at a point in the interior of thE~ block being distant 142 feet 6 inches from the corner formed by the intersection of the westerly side of Sixth Avenue and the Southerly side of Pacific Street and being distant on a course parallel to Dean Street westerly from Sixth Avenue 40 feet.

THENCE Northerly parallel with Sixth Avenue 1 feet 6 inches; THENCE Westerly parallel with Dean Street 8 feet;

THENCE Northerly parallel with Sixth Avenue 87 feet;

THENCE Westerly parallel with Dean Street 52 feet; THENCE Northerly parallel with Sixth Avenue 17 feet 1'1 3/4 inches;

THENCE Easterly parallel to Dean Street :54 feet;

THENCE southerly parallel to Sixth Avenue 106 feet 6 inches;

THENCE Westerly parallel to Dean Street 4 feet to the point or place of beginning.

Hereafter being known as Area "R" referred to as the air light easement and in favor of Peter Williams Enterprises, inc.

\ .

SCHEDULE C-2

EASEMENT to Yoshizumi

ALL that certain lot piece or parcel of land with the buildings and improvements thereon, situate lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows:

BEGINNING at a point on the westerly side of Sixth Avenue distant 142 feet 6 inches from the corner formed by the intersection of the westerly side of Sixth Avenue and the southerly side of Pacific Street;

THENCE Westerly parallel with Dean Street 40 feet":

THENCE Southerly parallel with sixth Avenue 4 feet;

THENCE Easterly parallel with Dean Street 40 feet;

THENCE Northerly along the westerly side of Sixth Avenue 4 feet to the point or place of beginning.

it is specifically understood and! agreed that PWE and/or their successors may provide this egress in some other manner as long as it complies with the, then current, laws, rules and regulations of the government agencies in control of such matters.

Hereafter being referred to as the emergency egress area in favor of Yoshizumi.

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Schedule "W"

Peter Williams Enterprises is the owner of the premises described as follows:

ALL that certain lot, piece or parcel of land with the buildings and improvements thereon, situated, lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows:

BEGINNING at a point on the westerly side of Sixth Avenue, distant 39 feet 11 inches northerly from the corner formed by the intersection of the westerly side of Sixth Avenue and the northerly side of Dean Street; thence westerly parallel with Dean Street, 25 feet; thence northerly parallel with Sixth Avenue; part of the distance through a party wall, 3 feet; thence westerly parallel with Dan Street 21 feet; thence northerly parallel with Sixth Avenue 27 feet 9 % inches; thence westerly parallel to Dean Street, 13 feet 10 inches; thence northerly parallel with Sixth Avenue 6 feet 9 Yz inches; thence easterly parallel with Dean Street 11 feet '10 inches; thence northerly with Sixth Avenue 1 foot 6 inches; thence easterly parallel to Dean Street 8 inches; thence southerly parallel with Sixth Avenue 1 foot 6 inches; thence easterly parallel with Dean Street 40 feet to the westerly Hide of Sixth Avenue; thence southerly along the westerly side of Sixth Avenue, 37 feet 7 inches to the point or place of BEGINNING.

BEING KNOWN AS 38 SIXTH AVENUE.