Right-of-Way
(feet)
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Cartway
(feet)
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Shoulders
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---|---|---|---|---|
Class I collector
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50
|
26
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As required
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Class II local road
|
50
|
22
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As required
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Class III common driveway
|
50
|
16
|
As required
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The width and composition of the shoulder shall be determined by the
Planning Board in the case of subdivisions or site plans, or the Township
Engineer in all other cases, and shall depend upon safety, traffic, drainage,
topography, natural growth, environmental conditions, and existing structures.
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The above described tract shall have an easement to the public road
over a Class III common driveway located on the lands of Lot __________.
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COMMON DRIVEWAY EASEMENT
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The Grantors are the owners in fee simple of real property known and
identified on the tax map of the Township of Lebanon, Hunterdon County, New
Jersey, as Tax Block _____, Lot _____.
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Utilities and access to Block _____, Lots _____, _____, _____ shall
be over a common driveway and easement and maintained by the owners of Lots
_____, _____. Once the owners of each lot has a Certificate of Occupancy in
effect, that lot owner shall be responsible for the maintenance, etc., as
set forth herein.
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The Grantors intend for the driveway maintenance obligations, rights,
responsibilities, and easements as herein created to become effective upon
the recording of this deed and to be binding upon the Grantors, their successors
and assigns and the Grantees and their heirs and assigns.
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Joint Driveway and Utility Easement for Block _____, Lots _____. The
Grantors herein grant, convey and establish for the benefit of those lands
identified as Block _____, Lots _____, _____ an easement for vehicular and
pedestrian ingress and egress to and from said lots and over, through and
across the portion of Lots _____, _____ (hereinafter "Access Easement") the
center line is more fully described in Schedule A.
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Maintenance Obligations. The owners of Lots __________ shall maintain
the common driveway to a minimum of Class III standards so that the driveway
may have access for emergency vehicles from __________ Road to the driveway
leading to lots _____, but once the Owners of Lots __________ have Certificates
of Occupancy in effect, they shall also become responsible for the maintenance
and repair including snow plowing, and leaf removal of the driveway and other
drainage improvements constructed within the easement created. The Owners
of Lot _____ shall have the right to effect repairs, grade, add stone, add
utilities, alter drainage and otherwise perform any and all maintenance needed
to preserve complete and total access over, on, above, below and through the
Access Easement. The owners shall meet annually at a minimum and more often
if necessary to review what must be done and arrange for persons to perform
the work or to secure subcontractors. The formula for sharing cost shall be
as follows:
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A.
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That portion over Lot _____ shall be paid by the owners of Lots __________
a distance of _____ feet.
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B.
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That portion over Lot _____ from the 12 foot driveway to __________
Road a distance of _____ feet shall be paid by the owners of Lots __________.
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Any and all use of the Access Easement by the Owners of any lot shall
be compatible with and not interfere with the use of the Easement Area by
the Owners of the other Lots.
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No Dedication. Nothing contained herein shall be deemed to constitute
a gift, grant, or dedication of the Access Easement to the general public
or for any public purpose whatsoever, it being the intention of the Grantors
that this easement will be strictly limited and applicable to the Owners of
the lots.
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Legal Effect. Each of the obligations, rights, responsibilities, and
easements created or imposed are appurtenant to the Lots and may not be transferred,
assigned, or encumbered except as an appurtenance to the Lots. Each covenant
contained in this document: (a) is made for the direct, mutual, and reciprocal
benefit of the Lots; (b) creates mutual equitable servitudes on the Lots in
favor of each other; (c) constitutes a covenant running with the Lots; (d)
binds each Owner now having or hereafter acquiring an interest in the Lots;
and (e) will inure to the benefit of each and all of the Owners and each Owner's
successors, assigns, and mortgagee.
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Default; Remedies. The provisions herein will be enforced as follows:
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(a)
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Notice of Default. An Owner will not be in default unless the Owner
has received written notice from another Owner specifying the nature of such
default and has failed to cure or commence appropriate action to cure such
default within the time herein provided, or thereafter fails to diligently
pursue and complete such cure.
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(b)
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Self-Help. In the event any Owner defaults in the performance of any
of the provision of this easement, any other Owner will have the right, without
being obligated to do so, to enter upon the portion of the Access Easement
of such defaulting Owner and perform the obligations of the defaulting Owner
hereunder; provided, however, that written notice of such intention, specifying
the nature of the alleged default and actions to be performed, has been given
to the defaulting Owner not less than 10 days prior to the commencement of
such action, or not less than 24 hours prior to such commencement if, in the
reasonable judgment of the Owner giving notice, such default is of any emergency
nature. During such ten-day or twenty-four-hour period, as the case may be,
the defaulting Owner will have the right to perform, pay his share, or commence
performance of an action appropriate to remedy such default and, provided
such action is diligently pursued and carried to completion, the right of
such other Owner to perform the obligation of the defaulting Owner will terminate.
If an Owner elects to perform the action to have been performed by a defaulting
Owner, on completion of such action, or from time to time, if the action is
of a continuing nature, an itemized statement of the cost thereof may be submitted
to the defaulting Owner and the amount thereof will be immediately due and
payable by the defaulting Owner, which amount will bear interest at the prime
rate, as reported at the beginning of each calendar quarter in the Wall Street
Journal, plus 2% per annum, from the date of any expenditure until paid.
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(c)
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Injunctive Relief and Specific Performance. In the event any violation
or threatened violation by any Owner of any of the provisions of this easement,
in addition to the right to collect damages, each Owner will have the right
to enjoin such violation or threatened violation in a court of competent jurisdiction.
Prior to the commencement of any such action, written notice of the violation
will be given to the Owners claimed to have committed such violation. Further,
the obligations, rights, responsibilities and easements may be specifically
enforced.
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(d)
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No Termination. No default or other breach will entitle any Owner to
cancel, rescind, or otherwise terminate this easement. The foregoing limitation
will not affect, in any manner, any other right or remedy which any Owner
might have by reason of any breach of this easement.
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Binding Effect: The Grantor, for itself and future owners of any part
of the Lots, declares and agrees that the provisions herein will be binding
on the Owners of the Lots and their respective successors, assigns, and mortgagees,
to the extent herein provided.
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