THIS INDENTURE, made this day of , 20 , between
and and and and and .
WHEREAS, the parties hereto are the owners of the lots of land in Marysville Borough, Perry County,
Pennsylvania, described by survey Map Number , prepared on , 20 ;
WHEREAS the parties desire to enter into agreement regarding the construction, repair and maintenance of the private street within the right-of-way described on the (subdivision or land development) plan.
NOW THEREFORE, the parties hereto agree as follows:
1. The right-of-way is feet in width and is described as follows:
(INSERT LEGAL DESCRIPTION FOR THE RIGHT-OF-WAY HERE)
2. It is agreed the construction, repair, and maintenance of the private street and facilities within the described right-of-way will be the responsibility of and , their heirs and/or assigns. Each party shall be responsible for their respective share(s) construction, street sign(s), maintenance, repair, stormwater management facilities, and snow plowing and removal if necessary.
3. The parties agree that no party will commit any of the other parties to an expense for maintenance or repairs without the consent of all parties concerned, however, if a repair or maintenance is necessary, and one party will not agree, the other parties shall be entitled to proceed to maintain or repair the right-of-way and shall be entitled to take whatever appropriate legal action is necessary to collect the other party’s share for the expense of maintenance or repair.
4. This agreement shall terminate upon the acceptance of this private street with its right-of-way by a municipality for the dedication purposes as a public street.
5. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year written above.
Signatures of Parties
Date:
Date:
Date:
Commonwealth of Pennsylvania
County of SS:
On the day of , 20 , before me personally appeared
, to me known, who being by me duly sworn, did
depose and say that he/she is the individual described in and who executed the foregoing instrument, and he duly acknowledgement to be that he executed the same.
Notary Public
Commonwealth of Pennsylvania
County of SS:
On the day of , 20 , before me personally appeared
, to me known, who being by me duly sworn, did
depose and say that he/she is the individual described in and who executed the foregoing instrument, and he duly acknowledgement to be that he executed the same.
Notary Public
(Ord. 614, 5/11/2015)