Parking easement

A parking easement is a legal agreement that grants an individual or entity the right to use a designated portion of another person's property for parking purposes. This easement ensures that the holder has specific access and usage rights while maintaining the property owner's overall ownership.

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9 Parking easement examples

  • Description
    Reference is made to that certain Parking Easement Agreement dated April 19, 2005, by and between 1 Minuteman and 30 Minuteman Limited Partnership (“Original 30 Minuteman Owner”), recorded with the Essex County North District Registry of Deeds in Book 9504, Page 175 (the “Original Parking Easement”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Original Parking Easement.
    Document
    TransMedics Group, Inc. (TMDX)
  • Description
    The Original Parking Easement granted a parking easement in the 1 Property permitting the 30 Parties to use 21 Non-exclusive Spaces and 8 Exclusive Spaces. 1 Minuteman currently is redeveloping the Property (including the 1 Property) primarily for retail/commercial use (the “Redevelopment”). To enable the Redevelopment, and subject to the terms of this Amendment, the parties wish to: (a) relocate the area for Tenant’s Non-exclusive Parking to a different location on the Property as depicted in the attached parking lot plan on Exhibit A-1 attached; (b) terminate the parking easement for the 8 Exclusive Spaces at the Property; and (c) authorize and require 1 Minuteman to construct 8 new parking spaces at its cost on the 30 Property (the “New Spaces”) as depicted in Exhibit A-1.
    Document
    TransMedics Group, Inc. (TMDX)
  • Description
    The property securing the loan is subject to a parking easement and based on a recently updated appraisal showing the property’s value with the parking easement to be zero, the Company has determined to write off the $3.6 million loan as a non-cash charge against the allowance for loan losses.
    Document
    NorthEast Community Bancorp, Inc./MD/ (NECB)
  • Description
    ALSO TOGETHER WITH those easement rights arising from that certain Temporary Parking Easement Agreement by and between Atlantic Station, L.L.C., a Delaware limited liability company, and District Owners' Association, Inc., a Georgia non-profit corporation, dated October 17, 2005, recorded in Deed Book 41149, Page 581, aforesaid records; as amended by that certain First Amendment to Temporary Parking Easement Agreement by and between Atlantic Station, L.L.C., a Delaware limited liability company, and District Owners' Association, Inc., a Georgia non-profit corporation, dated July 30, 2008, recorded in Deed Book 47037, Page 673, aforesaid records.
    Document
    KBS Real Estate Investment Trust III, Inc. (KBSR)
  • Description
    LINQ Access and Parking Easement Lease Agreement Under the LINQ Access and Parking Easement agreement, CEOC LLC grants CRC access to the parking lot behind The LINQ Promenade and The LINQ Hotel. CRC pays approximately $1 million annually under this agreement.
    Document
    CAESARS ENTERTAINMENT Corp
  • Description
    Parking easement has an indefinite useful life and is recorded in deferred leasing costs and intangible assets, net on the Consolidated Balance Sheet.
    Document
    Hudson Pacific Properties, Inc. (HPP, HPP-PC)
  • Description
    In addition, pursuant to a certain parking easement to which the Mortgaged Property is subject (the “Parking Easement”), the borrower may not permit or allow development of the Unimproved Parcels except in accordance with the Parking Easement. The Mortgage Loan documents provide for a non-recourse carveout for any losses incurred by the lender in connection with the failure of the Mortgaged Property to be a single tax parcel.
    Document
    BENCHMARK 2019-B15 MORTGAGE TRUST
  • Description
    The property securing the loan is subject to a parking easement and we have ordered updated appraisals showing the property’s value both with and without the parking easement.
    Document
    NorthEast Community Bancorp, Inc./MD/ (NECB)
  • Description
    TOGETHER WITH EASEMENT CONTAINED IN THAT CERTAIN PARKING EASEMENT RECORDED IN BOOK 10375 AT PAGE 103 IN THE MECKLENBURG COUNTY PUBLIC REGISTRY.
    Document
    Lodging Fund REIT III, Inc.

What is a Parking Easement?

A Parking Easement is a legal right granted to a person or entity that allows them to use a specific portion of land for parking vehicles. This right is typically granted by the owner of the property to another party and is often formalized in a legal document. Parking easements are crucial in areas where parking spaces are limited, providing both flexibility and clear delineation of parking rights.

When Should I Use a Parking Easement?

You should consider using a parking easement in the following scenarios:

  • Shared Parking Arrangements: When multiple parties or properties need to share parking spaces, a parking easement can clearly define who has rights to park and when.
  • Property Sales or Development: If you are selling or developing property that needs designated parking areas, an easement can provide legal clarity and ensure access to these spaces.
  • Access to Parking Facilities: When your property does not have sufficient parking, and you need to secure access to neighboring land for parking purposes.

How Do I Write a Parking Easement?

When writing a parking easement, ensure that you include the following critical components:

  1. Parties Involved: Clearly identify the grantor (property owner) and the grantee (party receiving the easement).
  2. Description of Easement: Provide a legal description of the parking area that the easement covers, often including maps or diagrams if necessary.
  3. Easement Terms and Conditions: Specify the terms under which the parking easement can be used, including any restrictions on the number of vehicles, time limitations, or specific types of vehicles.
  4. Duration: State whether the easement is perpetual or for a specific term.
  5. Maintenance and Liability: Define responsibilities for maintenance of the parking area and any liability issues related to its use.

Example:

This Parking Easement Agreement (“Agreement”) is made on [Date] between [Grantor’s Name], with an address of [Grantor’s Address] (“Grantor”), and [Grantee’s Name], with an address of [Grantee’s Address] (“Grantee”). Grantor hereby grants to Grantee a non-exclusive right to park vehicles in the designated parking spaces located at [Property Address], as described in Exhibit A attached hereto, subject to the following terms and conditions…

Which Contracts Typically Contain a Parking Easement?

Parking easements are usually contained in several types of contracts, including but not limited to:

  • Real Estate Sale Agreements: When selling a property that includes designated parking rights as a selling point.
  • Leases: In commercial or residential leases where tenant parking needs to be clearly outlined.
  • Development Agreements: For large-scale property developments where multi-party access to parking infrastructure is necessary.
  • Covenants, Conditions, and Restrictions (CC&Rs): In homeowner or property owner associations, to delineate common area parking rights.

Including a parking easement within these contracts helps ensure that rights and responsibilities are clearly defined and legally enforceable.

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