Fill and Sign the Married with Children from Prior Marriage Form

- 1 - ROAD MAINTENANCE AGREEMENT WHEREAS, ___________________________ and ________________________(hereinafter referred to collectively as “the Parties”) do intend to provide for the joint and several maintenance of a road (hereinafter referred to as “the Road”) to be shared and used equally by them and agree to the following terms and conditions: 1. Description of Road. The road to be maintained is known as ___________________, and is more fully described as: (INSERT LEGAL OR OTHER DETAILED DESCRIPTION) 2. Ownership. Ownership of the Road is vested in _____________________, by virtue of that certain Deed, dated ________________ and filed of record in Book____, at Page____ of the land records of ____________County, State of _______________. (NOTE: OWNERSHIP MAY BE JOINTLY HELD BY THE PARTIES AND DESCRIBED AS APPROPRIATE) 3. Duties. Each of the Parties shall be jointly and severally responsible for the maintenance of said Road, including but not limited to the resurfacing, grading, removal or installation of culverts and drainage pipes, and removal of any obstructions of the road. Said maintenance shall include equal responsibility of the Parties for all costs involved. 4. Failure to Agree. If either of the Parties does not agree to an expenditure of maintenance, the dispute shall be referred to ___________________, who shall act as arbitrator in the matter and whose decision shall be accepted by both Parties as being final in the disputed matter. (NOTE: THIS PROVISION MAY BE DELETED BY THE PARTIES) 5. Use of the Road. The Parties agree that the use of the road shall be shared equally and neither shall have the right to interfere with the use of the road by the other. Further, the Parties agree that each and the other may extend the right of use of the Road to guests and visitors. 6. Term and Termination. This agreement shall extend from and after the date of signing by both Parties for a period of ____ (___) years from the date thereof and shall be renewed automatically for similar periods unless terminated sooner pursuant to this Article. Either of the Parties may terminate this Agreement only by providing written notice of such termination ______ (__) year prior to the ending of the initial or any renewal period.
7. Right of access. No trespassing shall be made on the road or any culvert or other drainage pipe in connection with the maintenance of this road or any culvert or drainage pipe and no trespassing shall be made in a manner to interfere with the use of the road. 8. Discharge of water. No discharge of water or discharge into any creek, stream, drainage pipe or other natural area shall be made in a manner to interfere with the use of the road or any culvert or other drainage pipe. 9. Inspection of maintenance. The parties understand and agree that the inspection and recording of said maintenance will be made by the party or parties who perform the maintenance, and will be made pursuant to written inspection conditions as specified in accordance with the directions of the court having jurisdiction. 10. Liability. Each of the parties is legally and liability due and owing solely and exclusively to the other is hereby created. §§ 23. Title; titles. 1. Owner — when the road is a common street, this title is the title of and holds by the owner of the street abutting the road. The title may, however, be conveyed or conveyed by a lien on real estate and the lien may be assigned except on the condition that such assignment be subject to payment from the owner the amount of the fee of which the lien becomes due and in arrears unless the owner or any person having legal title thereto makes an assignment of such lien to the grantee of the right of way. If any fee owed by the owner to a grantee is in arrears when the lien becomes due at the time of conveyance of the right of way, such lien may be foreclosed upon within ten (10) years after such payment, or it may thereafter be used as a security against all indebtedness which thereafter may arise by reason of the right of way. 2. Tenant. When the road is an expressway this title is that of the owner of the conveyance of the conveyance of the expressway except that the tenor of the conveyance of said conveyance is in full compliance with the requirements of sections one hundred twenty and forty of chapter four hundred eighty of the general laws (section forty, subsection two, of section three). 3. Owner — in any event, this title is the title of and holds by the owner of the road abutting the road. If either of the parties fails to make a payment of the fees or an execution.