Party Wall Restrictive Declaration | Pdf Fpdf Doc Docx | New York

Party Wall Restrictive Declaration

New York/Local County/New York/City Of New York/Department Of Buildings/
Party Wall Restrictive Declaration | Pdf Fpdf Doc Docx | New York

Party Wall Restrictive Declaration Form

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This is a New York form that can be used for Department Of Buildings within Local County, New York, City Of New York.

Last updated: 3/30/2016

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PARTY WALL RESTRICTIVE DECLARATION DECLARATION, made this day of ________ , 20__, by _________________________, hereinafter referred to as the "Declarant," having an office at _____________________________. WHEREAS, the Declarant is the fee owner of certain land in the City of New York, Borough of _____________, designated as Tax Lot(s)_______ in Tax Block ________ on the current Tax Map of the City of New York, more particularly described by metes and bounds description on Schedule A annexed hereto, hereinafter described as the "Premises;" and WHEREAS, the Premises is to be developed with ____ adjoining residential buildings (the "Buildings") that share walls (the "Party Walls"), and which Party Walls are more particularly described by metes and bounds set forth in Schedule __ annexed hereto and/or depicted in a diagram annexed hereto as Schedule __ in the form of a plot plan with cross-hatched portion indicating the area of the Party Walls; WHEREAS, the Declarant has applied to the New York City Department of Buildings (the "Department") for permits in connection with Application Nos. ___________________________________________________ to construct the Buildings and has indicated which of those Buildings will have Party Walls on the annexed Schedule __; and NOW, THEREFORE, Declarant declares as follows: 1. This Declaration shall apply to each of the Buildings on Schedule __ wherein it has been indicated that such Building will have Party Walls; 2. Declarant states that each such Building having a Party Wall will be subject to the terms and provisions of Section 28-301.1 of the 2008 Building Code and either Section 27-332 of the 1968 Building Code or Section BC 705 of the 2008 or 2014 Building Code, as applicable; 3. The Party Walls shall be used and maintained as party walls forever and Declarant and Declarant's heirs, legal representatives, successors, assigns and transferees shall be licensed and permitted to enter into the Buildings to make necessary excavations for the construction, maintenance and repair of the Party Walls; 4. The Party Walls, or portion or portions thereof, shall not be demolished, removed or altered without prior Department approval of an application for permit to demolish either of the Buildings and/or alter or remove all or part of the Party Walls, and application plans must clearly indicate the existing and proposed condition of the Party Walls; 5. This Declaration will not be considered to diminish or change any of the duties, rights or obligations of the Declarant or Declarant's heirs, legal representatives, successors, assigns and transferees under the common law, custom, usage and practice, as same pertain to party walls, except however the provisions of Sections 28-301.1 of the 2008 Building Code and Section 27332 or Section BC 705, as applicable, to the extent that they are different, shall always control and be binding; 6. This Declaration may not be modified, amended or terminated without the prior written consent of the Department; 7. This Declaration shall run with the land and be binding upon and inure to the benefits of the Declarant and Declarant's heirs, legal representatives, successors, assigns and transferees; 8. Failure to comply with the terms of this Declaration may result in the denial or revocation of building permits or certificates of occupancy for the Buildings; and 9. This Declaration shall be recorded in the county register's (county clerk's) office against all affected parcels of land and the cross reference number and title of the Declaration shall be cited on each temporary and permanent certificate of occupancy hereafter issued to the Buildings and in any deed for the conveyance thereof. American LegalNet, Inc. www.FormsWorkFlow.com IN WITNESS WHEREOF, Declarant has made and executed the foregoing Party Wall Restrictive Declaration as of the date hereinabove written. _________________________________________ Declarant By: STATE OF NEW YORK ) ) ss.: COUNTY OF ________________________ ) On the _____________ day of __________________________, in the year _________, before me, the undersigned, personally appeared [Declarant] _____________________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. _________________________________________ Notary Public American LegalNet, Inc. www.FormsWorkFlow.com PLUMBING SYSTEM RESTRICTIVE DECLARATION DECLARATION, made this _____ day of _________________, 200____, by ________________________________________________________, hereinafter referred to as the "Declarant" having an office/residing at __________________________________________. WHEREAS, Declarant is the fee owner of certain land located in the City and State of New York, Borough of ___________________, designated as Block ______ Lot ______, hereinafter referred to as Parcel A, more particularly described by a metes and bounds description set forth in Schedule A annexed hereto and by this reference made a part hereof; WHEREAS, Declarant has requested the New York City Department of Buildings (the "Department of Buildings") to act upon Application Nos. __________________________ and ________________________ (the "Applications") to construct new buildings on Parcel A (the "Subject Premises") as shown on the plot plan annexed hereto as Schedule B; WHEREAS, the new buildings on the Subject Premises shall be serviced by a common plumbing system, and/or common house connection, including gas piping, sanitary and storm water drainage, sanitary facilities, water supplies and storm water and sewage disposal (the "Plumbing System"); WHEREAS, the Plumbing System shall be located within the bounds of the Subject Premises as such area is shown on Application plans on file with the Department of Buildings and as described by metes and bounds as set forth in Schedule C and as shown on sketches annexed hereto as Schedule D (the "Easement Area"); WHEREAS, Declarant wishes to insure that the use of the Subject Premises does not interfere with the installation, operation, inspection, maintenance, repair, construction and reconstruction of the Plumbing System; and WHEREAS, the Department of Buildings ma