Fillable Printable Driveway Easyment Agreement - New York

Driveway Easyment Agreement - New York

DRIVEWAY EASEMENT AGREEMENT

EASEMENT AGREEMENT, made this _____ day of ________________, 200__, between

_____________________________________________________________________________,

hereinafter referred to as “Grantor,” having an office/residing at

______________________________________________________________________________

and _____________________________________________________________________,

hereinafter referred to as “Grantee,” having an office/residing at

_____________________________________________________________________________,

collectively, the “Parties.”

WHEREAS, the Grantor is the fee owner of certain land located in the City and State of New

York, Borough of _____________, designated as Block ______ Lot ______ on the Tax Map of

the City of New York, hereinafter referred to as Parcel A, more particularly described by a metes

and bounds description set forth in Schedule A annexed hereto and by this reference made a part

hereof;

WHEREAS, the Grantee is the fee owner of certain land located in the City and State of New

York, Borough of _______________, designated as Block ______ Lot ______ on the Tax Map

of the City of New York hereinafter referred to as Parcel B, more particularly described by a

metes and bounds description set forth in Schedule B annexed hereto and by this reference made

a part hereof;

WHEREAS, the Parties are desirous of creating a permanent easement for the purpose of

permitting and enabling present and future owners of Parcels A and B, their heirs, successors and

assigns to pass over the lands of both Parcels A and B for the purpose of ingress and egress to

and from the _________________ [location of ingress and egress route (e.g., front, rear)] of said

parcels for pedestrian and motor vehicle use;

WHEREAS, the Parties have [Grantee has] requested the New York City Department of

Buildings (the “Department of Buildings”) to act upon Application No(s).

_________________________________ [and __________________________________] to

construct/alter _______________________________________;

WHEREAS, the Department of Buildings may approve the Application(s) upon the condition

that the Parties create a permanent easement for the benefit of present and future owners of

Parcels A and B, such that the owners shall have access to required parking, pursuant to Zoning

Resolution of the City of New York Section ___________________________ (e.g., §25-21 et.

seq., §25-30 et. seq., §36-20 et. seq., §36-30 et. seq., §44-20 et. seq.) and New York City

Administrative Code Section _____________________ (e.g., §27-291); and

WHEREAS, a diagram marked Schedule C showing the two above referenced properties, the

boundaries of each and a cross-hatched portion indicating the area of the driveway (the

“Easement Area”) is attached hereto and made a part hereof, said Easement Area being more

particularly described by a metes and bounds description set forth in Schedule D annexed hereto

and by this reference made a part hereof.

NOW, THEREFORE, good and valuable consideration having been paid, the Parties hereby

agree as follows:

1. The Easement Area shall be used to permit and enable present and future owners of said

parcels, their heirs and assigns to pass over the lands of Parcels A and B for the purpose

of ingress and egress to and from _________________________ Street and the

__________ [location of ingress and egress route (e.g, front, rear)] of said parcels for

pedestrian and motor vehicle use.

2. The Easement Area shall at all times be maintained and kept clear and unobstructed.

3. This easement agreement may not be modified, amended or terminated without the prior

written consent of the Department of Buildings.

4. The covenants set forth herein shall run with the land and be binding upon and inure to

the benefit of the parties hereto and their respective heirs, legal representatives,

successors and assigns.

5. Failure to comply with the terms of this easement agreement may result in the revocation

of a building permit or certificate of occupancy.

6. This easement agreement shall be recorded at the county city register’s (county clerk’s)

office and the cross-reference number and title of the easement agreement shall be cited

on each temporary and permanent certificate of occupancy hereafter issued to Parcels A

and B.

IN WITNESS WHEREOF, Parties have made and executed the foregoing easement agreement

as of the date hereinabove written.

_________________________________ __________________________________

Grantor Grantee

By: By:

Acknowledgment by individual:

STATE OFNEW Y ORK )

COUNTY OF ________________________ ) ss.:

On the ___ day of _________________ in the year _______________, before me personally came

____________________________________, to me personally known and known to me or proved to me on the

basis of satisfactory evidence to be the same person described in and who executed the foregoing instrument, and

she/he acknowledged to me that she/he executed the same.

____________________________________

Notary Public

STATE OFNEW Y ORK )

COUNTY OF ________________________ ) ss.:

On the ___ day of _________________ in the year _______________, before me personally came

____________________________________, to me personally known and known to me or proved to me on the

basis of satisfactory evidence to be the same person described in and who executed the foregoing instrument, and

she/he acknowledged to me that she/he executed the same.

____________________________________

Notary Public

Partnership/Corporate Acknowledgment:

STATE OF NE W YORK )

COUNTY OF ________________________) ss.:

On the ____ day of _______________ in the year ____________, before me personally came

_______ _________ ________ ________ to me known , who, being by me duly swo rn, did d epose and say that sh e/he

resides in _____________________________________________________;

that she/he is the

________________________________________ (a member of the firm/president or other officer or director or

attorney in fact duly appointed) of _____________________________________, a co-partnership/corporation

described in and which executed the above instrument; and that she/he signed her/his name thereto as the act and

deed of the firm/by authority of the board of directors of said corporation.

_____________________________________

Notary Pub lic