Property Easement Agreement - Template, Sample Form Pro · US-law

GRANT OF EASEMENT AND EASEMENT AGREEMENT

State of ________
County of ________

RECITALS

A. This Grant of Easement and Easement Agreement (the "Easement" or "Agreement") is entered into and made effective as of ________ (the "Effective Date"), by and between the grantor of the easement (the "Grantor"):

________
of
________

and the grantee of the easement (the "Grantee"):

________
of
________

Grantor and Grantee are sometimes referred to herein individually as a "Party" and collectively as the "Parties."

B. WHEREAS, Grantor is the fee simple owner of certain real property located in the County and State identified above (the "Servient Estate"), commonly known as:

________

and more particularly described as follows:

________

C. WHEREAS, Grantee is the owner of certain adjoining or benefited real property (the "Dominant Estate"), more particularly described as follows:

________

D. WHEREAS, Grantee desires to acquire certain rights in and over the Servient Estate, and Grantor is willing to grant such rights, upon the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

§ I. GRANT OF EASEMENT.

1.1. For the consideration recited herein, Grantor hereby grants, conveys, and confirms unto Grantee an easement over, on, and across the following-described portion of the Servient Estate (the "Easement Area"):

________

1.2. The location and dimensions of the Easement Area are further depicted in the following exhibit, which is attached hereto and incorporated herein by reference:

________

1.3. In the event of any conflict between the written description in § 1.1 and any attached exhibit, the written legal description shall control.

§ II. CHARACTER OF EASEMENT.

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§ III. PURPOSE OF EASEMENT.

3.1. The Easement is granted for the following purpose(s) and for no other purpose:

________

§ IV. LIMITATIONS.

4.1. The easement, rights, and privileges conveyed to Grantee are expressly limited as follows:

________

4.2. Grantee shall not use the Easement Area for any purpose inconsistent with the purposes set forth in § III, nor shall Grantee expand or enlarge the scope of the Easement beyond the rights expressly granted herein.

§ V. CONSIDERATION AND PAYMENT.

5.1. In full consideration of the rights granted herein, Grantee agrees to pay Grantor a fixed fee of $________ (________) (the "Fee").

5.2. The Fee shall be paid in the following manner: ________.

5.3. For any payment not paid when due, Grantee shall pay a late charge of $________ (________), to the extent permitted by applicable law.

§ VI. DURATION, BINDING EFFECT, AND TERMINATION.

6.1. This Easement shall commence on ________.

6.2. Unless sooner terminated as provided herein, this Easement shall continue for the following duration: ________, after which it shall terminate automatically.

6.3. This Easement shall terminate if the purposes for which it was granted cease to exist, are abandoned by Grantee, or become impossible to perform.

6.4. Upon termination, Grantee shall, within thirty (30) days of written request, execute, acknowledge, and deliver to Grantor a recordable instrument evidencing termination of this Easement.

6.5. This Agreement is made for the benefit of, and shall be binding upon, the heirs, personal representatives, successors in interest, and permitted assigns of the respective Parties.

§ VII. EXCLUSIVITY OF EASEMENT.

7.1. The easement, rights, and privileges granted hereby are exclusive, and Grantor covenants not to convey any other easement or conflicting right within the Easement Area, except to the extent consistent with Grantor's retained rights set forth in § VIII.

§ VIII. GRANTOR'S RIGHTS AND DUTIES.

8.1. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the Servient Estate subject to this Easement for any and all purposes that do not unreasonably interfere with or prevent Grantee's use of the Easement.

8.2. Grantor's retained rights include, without limitation, the right to construct and use the surface of the Easement Area for drainage ditches, private streets, roads, driveways, alleys, walks, gardens, lawns, planting or parking areas, and other similar uses, provided the same do not unreasonably interfere with Grantee's rights hereunder.

8.3. Grantor further reserves the right to dedicate all or any part of the Servient Estate affected by this Easement to any governmental authority for use as a public street, road, or alley, provided such dedication does not extinguish or unreasonably interfere with Grantee's rights in the Easement.

8.4. If Grantor, or any of Grantor's successors or assigns, dedicates all or any part of the affected property as permitted above, Grantee and its successors and assigns shall execute all instruments reasonably necessary to effectuate such dedication.

§ IX. GRANTEE'S RIGHTS AND DUTIES.

9.1. Grantee shall, at Grantee's sole cost and expense, repair and maintain the Easement Area in good condition and shall keep the Easement Area free and open for the benefit of Grantor and any other concurrent user permitted hereunder.

9.2. Grantee shall at all times exercise its rights so as to safeguard Grantor's property and to minimize interference with Grantor's use thereof.

9.3. Grantee shall have the right to keep access to the Easement Area open by removing vegetation and by cutting or trimming trees, shrubbery, or other vegetation that may encroach upon the Easement Area, and shall dispose of all cuttings and trimmings by removing them from the premises.

9.4. Grantee shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in connection with its use of the Easement Area, and shall promptly repair any damage to the Servient Estate caused by Grantee's exercise of the rights granted herein.

§ X. INDEMNIFICATION AND LIABILITY INSURANCE.

10.1. To the fullest extent permitted by law, Grantee shall indemnify, defend, and hold harmless Grantor from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to Grantee's use of the Easement Area, except to the extent caused by the negligence or willful misconduct of Grantor.

10.2. Grantee shall maintain commercial general liability insurance with respect to the Easement Area in an amount not less than $________ (________) per occurrence.

10.3. Grantor shall be named by endorsement as an "additional insured" under such policy, and such insurance shall be primary and non-contributory with any insurance separately maintained by Grantor.

10.4. Grantee shall deliver to Grantor a certificate of insurance evidencing such coverage, issued by an insurer reasonably satisfactory to Grantor and authorized to do business in the State identified above.

10.5. Such policy shall provide that Grantor receive not less than thirty (30) days' advance written notice prior to any cancellation, non-renewal, or material modification of the coverage during the term of this Easement.

§ XI. FAILURE TO PERFORM; DEFAULT.

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11.2. In such event, within thirty (30) days of receipt of written demand from Grantor, Grantee shall execute and record all documents necessary to terminate the Easement of record.

11.3. Should Grantee fail or refuse to execute or record such documents, Grantor shall be entitled to bring an action to declare the Easement terminated and to obtain such other relief as may be available at law or in equity.

§ XII. ATTORNEYS' FEES.

12.1. In any action or proceeding arising out of or relating to this Agreement, or the enforcement of any of its terms or provisions, the prevailing Party shall be entitled to recover from the other Party its reasonable attorneys' fees, court costs, and other expenses incurred in connection with such action.

12.2. Such attorneys' fees and costs shall be in addition to any other relief to which the prevailing Party may be entitled.

§ XIII. ENTIRE AGREEMENT.

13.1. This Agreement contains the entire agreement of the Parties, and there are no other promises, representations, or conditions, whether oral or written, concerning the subject matter hereof.

13.2. This Agreement supersedes any and all prior written or oral agreements between the Parties relating to the subject matter hereof.

§ XIV. SEVERABILITY.

14.1. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

14.2. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

§ XV. AMENDMENT.

15.1. This Agreement may be modified or amended only by a writing signed by the Party against whom enforcement of such modification or amendment is sought, and, where required for recordation, duly acknowledged.

§ XVI. GOVERNING LAW.

16.1. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles.

16.2. The Parties agree that the exclusive venue for any action arising under this Agreement shall be the state or federal courts located in ________.

§ XVII. NOTICE.

17.1. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, to the address set forth in the opening provisions of this Agreement, or to such other address as a Party may designate in writing.

§ XVIII. WAIVER.

18.1. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

§ XIX. RECORDATION.

19.1. This Agreement may be recorded in the official real property records of the county in which the Servient Estate is located, and the Parties shall execute and acknowledge such instruments as are reasonably necessary to permit such recordation.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

EXECUTION:

_________________________________
________, Grantor

Date: ________

_________________________________
________, Grantee

Date: ________

ACKNOWLEDGMENT

State of ________
County of ________

On this ________, before me, the undersigned notary public, personally appeared ________ and ________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

_________________________________
Notary Public
My commission expires: ________