GRANT OF EASEMENT
This GRANT OF EASEMENT, made this ____ day of ____________ ,
19___ by and between ______________________ (the"First
Party"), residing at ________________________ , and
_____________________
(the "Second Party"), residing at
__________________________
WITNESSETH:
WHEREAS, the First Party is the fee
simple owner of a certain parcel of land ("Servient
Estate") located in the Incorporated Village of ____________
, in the County of ____________ , New York, shown on the tax map
of _____________ as Section ______ , Block _______ , Lot _____
being more particularly described on Appendix A hereto; and
WHEREAS, the Second Party is the owner of a certain lot or parcel
of land ("Dominant Estate") located immediately
northwest of and adjoining the Servient Estate, the same being
Conveyed to the Second Party by deed recorded in Book ________ at
page ____ , said Dominant Estate being shown on tax map of
_________ County as Section _____ , Block _______ , Lot ______
and being more particularly described in Appendix B hereto;
WHEREAS, the First Party desires to confirm, by this grant, an
easement and right of way ("right of way") in favor of
the Dominant Estate over a _____ foot wide strip of land running
along the northeasterly portion of the Servient Estate, the same
lying in a certain private road running from ____________ Road to
_______________ Road to the center line thereof; and the First
Party agrees to confirm such Right of Way by means of this deed;
NOW, THEREFORE, said First Party, for and in consideration of the
sum of TEN DOLLARS, to him in hand paid, receipt of which is
hereby acknowledged, does hereby give, grant and convey unto said
Second Party, and to his heirs and assigns, a non-exclusive
easement appurtenant to and for the benefit of, the Dominant
Estate to enter upon a ______ foot wide strip of land running
along the northeasterly portion of the Servient Estate, which
strip of land is a part of said Tax Lot and part of the premises
described in Appendix C, (the same lying in a certain private
road leading from Road to Road to the center line thereof), and
to pass and repass thereon, by foot, with vehicles or otherwise
for purposes of ingress and egress to the Dominant Estate.
Second Party, for himself1 his heirs, successors, assigns,
guests, invitees and licensees ("Releasors") does
hereby release First Party and his heirs, successors and assigns
(collectively "Releasees") from any and all damage
and/or injury suffered by Releasors arising out of, of related
to, Releasors exercising the rights granted hereunder, and
Releasors agree to hold Releasees harmless from all damages,
expenses (including reasonable attorneys fees) costs and
liabilities in any claim, action or proceeding based upon, in
whole or in part, the exercise by Releasors of the rights granted
hereunder.
TO HAVE AND TO HOLD said right and
easement to the Second Party, his heirs and assigns and
successors in title, it being understood and agreed that the
right of way and easement hereby granted is appurtenant to and
runs with the land now owned by the Second Party, and burdens the
said lands of the First Party, his heirs, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto executed this deed
as of the day and year first above written.