Submission Packet 912

RETAINING WALL EASEMENT THIS AGREEMENT, made this Ig id day of June, 2024; between J oel Thomas Newman and Ashley Newman, 29 Bradford Avenue, West Orange, New Jersey; Block 55/06 Lot 02/01; hereinafier referred to as “Grantor” and the Jose Marcos DeOliveira and Jennifer DeOliveira owners of 31 Bradford Avenue, West Orange, New Jersey; Block 55/06 Lot 01/01 hereinafter referred to as “ Grantee” WHEREAS, Grantor owns a fee simple interest in property located within the Township of West Orange and legally described as: [Lot 02/01 Block 55/06 filed with the Essex County Recorder’s Office] being 29 Bradford Avenue, West Orange, New Jersey (“Grantor Parcel”) partially shown on the survey attached hereto as Exhibit “A” and by this reference made a part hereof, (hereinafter the "Survey"); and WHEREAS, Grantee owns a fee simple interest in property located within the Township of West Orange described as: [Lot 01/01, Block 5506 filed with the Essex County Recorder’s Office] being 31 B radford Avenue, West Orange, New Jersey 07052 more particularly described on Exhibit A (“Grantee Parcel”); and WHEREAS, Grantee has constructed a retaining wall (the “Retaining Wall”) which encroaches onto the Grantor Parcel approximately one and one half (1.5) feet as depicted in yellow highlight on Exhibit “A” and as set forth on the Easement Description attached hereto as Exhibit “B” and by this reference made a part hereof (hereinafter the "Basement Area") . NOW, THEREFORE, the Parties hereby declare that the Grantor Parcel and the Grantee Parcel shall be held, subject to the following easement, covenants and conditions which shall run with the land and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof. Further, in consideration of the premises, the promises and covenants of the Parties hereto, the mutual benefits and advantages accruing to them, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. "Party" shall mean and refer to Grantor and/or Grantee and "Parties" shall mean and refer to all or any two of the foregoing as appropriate, or any successor person(s) acquiring any interest of a Party in or to any portion of such Party's

r and/or Grantee and "Parties" shall mean and refer to all or any two of the foregoing as appropriate, or any successor person(s) acquiring any interest of a Party in or to any portion of such Party's Parcel. 2. Grantee is permitted to construct and maintain the Retaining Wall on the Grantor Parcel approximately one and one half (1.5) feet as depicted in yellow highlight on Exhibit “A” and as set forth on the Easement Description attached hereto as Exhibit “B”. .