1
2Cross Access/Common Driveway/
Cross Parking
Agreement
Cross Access / Common Driveway / Cross Parking Agreement
This cross access / common driveway / cross parking agreement (the “Agreement”) is hereby made on this date
________________ , 20 ____ ; between Owner #1 and Owner #2.
Owner 1:
Owner 2:
_________________________________________
________________________________________
Name
Name
_________________________________________
________________________________________
Address
Address
_________________________________________
________________________________________
City, State, Zip Code
City, State, Zip Code
_________________________________________
________________________________________
County
County
Recitals
A.
_____________________________ , is the owner of real property more fully described on Exhibit “A”
(legal description) attached hereto and incorporated herein by this reference (as “Parcel 1”);
B.
______________________________ is the owner of real property more fully described on Exhibit “B”
(legal description) attached hereto and incorporated herein by this reference (as “Parcel 2”);
C.
The parties to this agreement desire to create/grant a perpetual easement on, over, upon, and across
portions of each property (Parcel 1 and Parcel 2) for purposes of vehicular and pedestrian ingress and
egress to and from, and non-exclusive parking rights, and for all other uses expressly contemplated by this
agreement;
D.
The parties agree that these mutual easements will be defined, at a minimum, by the designated areas in
Exhibit “C” (property layout with hatched areas) for Parcel 1 and Exhibit “D” for Parcel 2 (property layout
with hatched areas). These exhibits are hereby defined as the “Easement Areas” and attached hereto.
1.
Granting of Easements
1.1
Cross Access Easement. The interested parties representing Parcel 1 and Parcel 2 hereby grant and
convey perpetual, non-exclusive, mutual cross access easements for purposes of vehicular and
pedestrian ingress and egress on, over, upon, and across the areas defined in the Easement Areas.
1.2
Common Driveway Easement. The interested parties representing Parcel 1 and Parcel 2 hereby
grant and convey perpetual, non-exclusive, mutual common driveway easements for purposes of
vehicular ingress and egress on, over, upon, and across the areas defined in the Easement Areas.
1.3
Cross Parking Easement. The interested parties representing Parcel 1 and Parcel 2 hereby grant and
convey perpetual, non-exclusive, mutual cross parking easements for use of all parking spaces within
the areas defined in the Easement Areas.
For more information or for a copy of this publication in an alternate format, contact Planning & Development at
(602) 262-7811 voice / (602) 534-5500 TTY.
S:\Cross Access - Common Driveway - Cross Parking Agreement
TRT/DOC/00407
Web\dsd_trt_pdf_00407
Rev. 10/13
Cross Access/Common Driveway/
Cross Parking
Agreement
Cross Access / Common Driveway / Cross Parking Agreement
This cross access / common driveway / cross parking agreement (the “Agreement”) is hereby made on this date
________________ , 20 ____ ; between Owner #1 and Owner #2.
Owner 1:
Owner 2:
_________________________________________
________________________________________
Name
Name
_________________________________________
________________________________________
Address
Address
_________________________________________
________________________________________
City, State, Zip Code
City, State, Zip Code
_________________________________________
________________________________________
County
County
Recitals
A.
_____________________________ , is the owner of real property more fully described on Exhibit “A”
(legal description) attached hereto and incorporated herein by this reference (as “Parcel 1”);
B.
______________________________ is the owner of real property more fully described on Exhibit “B”
(legal description) attached hereto and incorporated herein by this reference (as “Parcel 2”);
C.
The parties to this agreement desire to create/grant a perpetual easement on, over, upon, and across
portions of each property (Parcel 1 and Parcel 2) for purposes of vehicular and pedestrian ingress and
egress to and from, and non-exclusive parking rights, and for all other uses expressly contemplated by this
agreement;
D.
The parties agree that these mutual easements will be defined, at a minimum, by the designated areas in
Exhibit “C” (property layout with hatched areas) for Parcel 1 and Exhibit “D” for Parcel 2 (property layout
with hatched areas). These exhibits are hereby defined as the “Easement Areas” and attached hereto.
1.
Granting of Easements
1.1
Cross Access Easement. The interested parties representing Parcel 1 and Parcel 2 hereby grant and
convey perpetual, non-exclusive, mutual cross access easements for purposes of vehicular and
pedestrian ingress and egress on, over, upon, and across the areas defined in the Easement Areas.
1.2
Common Driveway Easement. The interested parties representing Parcel 1 and Parcel 2 hereby
grant and convey perpetual, non-exclusive, mutual common driveway easements for purposes of
vehicular ingress and egress on, over, upon, and across the areas defined in the Easement Areas.
1.3
Cross Parking Easement. The interested parties representing Parcel 1 and Parcel 2 hereby grant and
convey perpetual, non-exclusive, mutual cross parking easements for use of all parking spaces within
the areas defined in the Easement Areas.
For more information or for a copy of this publication in an alternate format, contact Planning & Development at
(602) 262-7811 voice / (602) 534-5500 TTY.
S:\Cross Access - Common Driveway - Cross Parking Agreement
TRT/DOC/00407
Web\dsd_trt_pdf_00407
Rev. 10/13
City of Phoenix Planning & Development Department
Cross Access/Common Driveway/Cross Parking Agreement – Page 2 of 2
TRT/DOC/00407
2.
Maintenance
2.1
Maintenance of Easement Areas. Each party, at its sole cost and expense, shall maintain and keep
the easements areas in a commercially reasonable condition and state of repair.
3.
Mutual Indemnities
3.1
Indemnity. Each party held by this Agreement will indemnify, defend, and hold harmless the other for,
from, and against any and all claims suffered or incurred in connection with any alleged bodily injury
or property damage arising out of use or enjoyment of the Easements Areas, unless caused by
negligence or willful misconduct.
4.
Run with the Land
4.1
The covenants, conditions, restrictions, easements, and the other provisions of this Agreement shall
run with and be appurtenant to each portion of Parcel 1 and Parcel 2, and shall be binding upon each
portion of Parcel 1 and Parcel 2 and the Owner(s) thereof and all successors in title to any portion of
Parcel 1 or Parcel 2 during their respective ownership.
5
Modification
.
5.1
The terms and conditions of this Agreement may be abrogated, modified, rescinded or amended in
whole or in part only by written instrument executed by all the then Owners of Parcel 1 and Parcel 2
(and their mortgagees), and recorded with the County Recorder of Maricopa County, Arizona. A copy
must be reviewed by the city of Phoenix Traffic Engineer Code Consistency Coordinator prior to
recording.
IN WITNESS WHEREOF, this Agreement has been made as of the effective date.
Parcel 1:
Parcel 2:
_________________________________________
________________________________________
Signature
Signature
_________________________________________
________________________________________
Printed Name
Printed Name
_________________________________________
________________________________________
Title
Title
State of ___________________________________
State of __________________________________
County of _________________________________
County of ________________________________
The foregoing instrument was signed before me,
The foregoing instrument was signed before me,
the undersigned Notary Public,
the undersigned Notary Public,
this ______
day of _________________ , 20 ___
this ____ day of ________________ , 20 ____
by _______________________________________
by _____________________________________
Notary Public ______________________________
Notary Public _____________________________
