Declaration of easement for ingress and egressócommon 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:
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 _________.
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