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.