Fillable Printable Sample Private Road Maintenance Agreemetn

Sample Private Road Maintenance Agreemetn

Form 2010-26 (July 2010)

Sample Private Road Maintenance Agreement

Thornapple Township, Barry County

Thornapple Township, 200 E. Main St., Middlev ille, MI 49333

Phone: 269-795-7202 Fax: 269-795-8812

Prior to Final Private Road approval, the property owner shall record a private road maintenance

agreement with the Barry County Register of Deeds that binds the current owner(s) and successors in

title for all parcels served b y the private road. The owners and/or succe ssors are boun d to perpetual

maintenance so long as the road remains private.

The Private Road Maintenance Agreement must include a legal description of each parcel served by the

private road and shall contain the signat ure(s) of each current owner.

The following form is suggestive, but does contain the minimum content for any private road maintenance

agreement to be in effect within Tho rn apple Township. Additional provisions may be added at the

discretion of the developer(s)/o wne r(s).

This agreement in its final form must include space for the signature(s) of all persons in whom land title

currently vests on each parcel served or to be served by the private road.

All signatures must be notarized.

A copy of the recorded private road main tenance agreement shall be filed with the Township Zoning

Administrator.

Form 2010-26 (July 2010)

PRIVATE ROAD MAINTENANCE AGREEM ENT

__________________________________ [Drive, Court, Trail, Street, Way, etc.]

Section ___________________________________, Th ornapple Township [T43N;R10W]

Barry County Michigan

The conditions, terms and covenants expressed in this document shall run with each parcel served by

________________________, a private road, and shall bind current and successor owners.

1. PRIVATE ROAD EASEMENT

The easem ent in which the private road i s on will b e built is described in Exhibit A Attached and made a pa rt of

this Agreement

2. EASEMENT PURPOSES

The undersigned acknowledge the purposes of the easement described in Exhi bit A are: (a) to permit construction

and maintenance of a private road, (b) to provide for ingress and egress to all properties described in Exhibit B

attached, and (c) to serve as a right of way for utility lines, pipes and cabl es including but not limited to electric,

telephone, gas, television, communicati on, water main, sanitary sewer and appurtenants to the foregoing.

3. BENEFITING PROPERTIES

The properties served by and benefiting from use of _____ __________________, a private road, are each

described in Exhibit B attached and ma de a part hereof.

4. COST OF ROAD MAINTENANCE

All costs asso ciated with maintenance of __________________________, a private road, shall be equally di vided

and apportioned to each owner of benefiting prop erty described in Exhibit B.

Owners of benefiting parcels shall appoint one of the owners to oversee maintenan ce of the private road. That

owner will arrange o n behalf of all owners all private road maintenance. The actual cost of the maintenance shall

be billed no less frequently than once each year equally to each benefiting parcel owner.

Road maintenan ce shall include but not limited to snow plowing, grading, adding gravel, maintaining d rain age

ditches, repair and patching of pavement if applicable, and repl acement of private road sign.

5. USE OF PRIVATE ROAD

Each owner o f a benefiting parcel shall have use of the private road without any form of interference resulting

from actions of any other benefiting parcel owner.

6. ENFORCEMENTS OF THIS AGREEMENT

Any owner(s) of a benefiting parcel described in Exhibit B has the right to commence an action ?at low or in

equity? against any other benefiting parcel owner(s) who may be in violation of this agreem ent.

The conditions, terms and covenants contained in this Agreement shall b e binding as the undersi gned benefiting

parcel owners and their successors or a ssigns in title.

List parcels and owner(s) o f each, providing a sig nature for each person having title interest.

For example, if joint title, both names and signatures must appear with an accompanying date of signature

Each owner(s) sign ature must be accompanied by a notary attestation