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Form #1012

Declaration of Cross-Easements

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Declaration of Easement for Ingress and Egress - Common Walkway for Adjacent Urban Lots (free form to use)

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Declaration of easement for ingress and egress—common walkway for adjacent urban lots.

Declaration of Cross-Easements

_________ by _________ _________ , a _________[state] _________[type of legal entity] with its principal office at _________[address], at is the owner of the property located at in the _________[Borough of _________], County of _________ , City of _________, and State of _________, as more fully described in paragraph 1 of this Declaration, having acquired the described property from on the day of by deed filed on _________ in the office of the Register of the County of _________ , State of New York in Reel _________ at page_________ hereby declares in respect of the described property as follows:

1. Definitions.

a. The Property shall mean and include all that certain plot, piece or parcel of land including the buildings and improvements thereon, situate, lying and being in the _________[Borough of _________,] County of _________, City of _________, State of _________, known and designated on the tax map of the City of _________[for the Borough of _________] as and by Section _________ , Block _________ , Tax Lots _________, being more particularly bounded and described as follows:

Beginning at a point _________[insert description].

b. A "Lot" shall mean and include any one of the separate tax lots constituting and forming a part of the Property.

c. The Architect is _________[name].

2. Conveyance. If, at any time in the future, any one or more of the Lots shall be severed from the other Lots by separate ownership in fee, then, in such case, the owners of each and every one of the Lots shall have, at any and all times, and from time to time and except as otherwise limited by this declaration, access to, and the right of use in common with the occupants of each and every one of the other Lots, the concrete filled steel deck walkway and ramp commencing on the east side of Lot and spanning parallel with across the north side of each of the _________[four] story buildings presently improved on the Property ("Walkway"), identified as "New Ramp System" and "New Walkway" on Architect's drawing No. _________[Site Plan and Landscape Details] and as marked on a reduced copy of the Architect's said drawing which is annexed to this Declaration as Exhibit A.

3. Use. The right-of-way created by this declaration shall be used by the occupants for the purposes of obtaining ingress to and egress from the _________[four] story buildings presently located on the Property. The Walkway shall not be used by any occupants for any purpose except pedestrian passage over and across the Walkway as a means of obtaining ingress to and egress. No bicycles or motored vehicles other than electronic wheelchairs shall travel across the Walkway.

4. Duration. The easements, rights and privileges created by this declaration shall cease and terminate upon the permanent removal of the Walkway, or a portion thereof solely in the event of the repeal of the applicable laws under which compliance is sought by the construction of the Walkway, or any amendments to such applicable laws provided the result of any such amendment would be similar to a repeal thereof.

5. Maintenance. The owners of each and every Lot shall contribute with the owners of each and every other Lot an amount equal to _________[one-third (1/3)] of the cost of any material and labor used in the repair, replacement and/or maintenance of the Walkway. Without limiting the foregoing, the duty to maintain also applies to the removal of snow.

6. Obstruction. The rights granted by this declaration shall be exercised with due regard for the rights of others and their use of such easement, and the Walkway shall not be used by any person in any way that will impair the rights of others to use it, and shall not obstruct passage thereon.

7. Binding Effect. This declaration of easement shall run with the land and shall be binding upon and shall inure to the benefit of , its successors and assigns, and any person or other entity that at any time hereafter shall become the owner of any one or more of the Lots, their respective heirs, successors and assigns.

8. Modification. Any modification of this declaration shall be binding only if evidenced in writing signed by each owner of the respective Lots constituting and forming a part of the Property and recorded in the appropriate governmental office.

In witness, this declaration of easement has been executed on this _________ day, _________ _________[date], with the intent that it shall be recorded in the office of the Register of the County of _________ , State of _________.

[Signatures]

[Acknowledgment]

Contributed by
Anonymous3
 
Name of Firm Anonymous3
Total Forms Contributed 102
 

See All Anonymous3's Forms
 

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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Keywords: easement, legal forms, cross-easements

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