Common Driveway Easement

DECLARATION OF COMMON DRIVEWAY EASEMENT

————————————————— DECLARATION made this day of , 200_, by ______, having offices at ______.

WHEREAS, ______is the owner in fee simple of the premises known as ______and designated on the Official Tax Map of the City ______.

WHEREAS, the first party desires to create a ______for the purpose of ingress and egress to the said properties for automobiles and by foot only, and also to outline the respective rights and obligations pertaining to the repair and maintenance of the common driveway to be constructed on said easement.

NOW, THEREFOR, ______does declare for themselves, their heirs, executors, administrators, successors or a perpetual ______wide access easement for the purpose of ingress and egress for automobiles and by foot only over the following described parcel consisting of lots ______:

The cost of any necessary maintenance and repairs to the driveway, including, but not limited to, paving and snow removal, shall be borne equally by the owners of Lots 72.1 and 72.2 respectively.

This easement shall run with the land.

IN WITNESS WHEREOF, the parties have executed this instrument the day and date first above mentioned.

By: ______

ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE

State of New York, County of Westchester , ss: State of New York, County of Westchester , ss:

On the day of in the year , On the day of in the year , before me, the undersigned, personally appeared before me, the undersigned, personally appeared Victor B. Coster, Jr. and Louise Coster, personally known to me or , personally known to me or proved to me on the basis of satisfactory proved to me on the basis of satisfactory evidence to be the evidence to be the individual(s) whose name(s) is (are) subscribed to individual(s) whose name(s) is (are) subscribed to the within the within instrument and acknowledged to me that he/she/they instrument and acknowledged to me that he/she/they executed the executed the same in his/her/their capacity(ies), and that by same in his/her/their capacity(ies), and that by his/her/their his/her/their signature(s) on the instrument, the individual(s), or the signature(s) on the instrument, the individual(s), or the person upon person upon behalf of which the individual(s) acted, executed the behalf of which the individual(s) acted, executed the instrument. instrument.

ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK TAKEN IN NEW YORK STATE STATE

State of New York, County of , ss: *State of , County of , ss: On the day of in the year , *(Or insert District of Columbia, Territory, Possession or Foreign before me, the undersigned, a Notary Public in and for said State, County) personally appeared , the On the day of in the year , subscribing witness to the foregoing instrument, with whom I am , before me the undersigned personally appeared personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to

(if the place of residence is in a city, include the street and street number if any, thereof); the within instrument and acknowledged to me that he/she/they that he/she/they know(s) executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s) or the person upon to be the individual described in and who executed the foregoing behalf of which the individual(s) acted, executed the instrument, and instrument; that said subscribing witness was present and saw said that such individual make such appearance before the undersigned in the execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto (add the city or political subdivision and the state or country or other place the acknowledgement was taken).

COMMON DRIVEWAY EASEMENT

SECTION

COUNTY OR TOWN :

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