Easement Agreement

Contract or Agreement to Convey Easement for Driveway

Agreement made on the day of , 20 , between (Owner) of , referred to herein as Owner, and (Corporation), a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Corporation.

Whereas, Grantor owns a tract of land that is described on Page of Deed Book No. in the office of the . The legal description of said land is as follows:

(Insert Legal Description)

Now, therefore, for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned Grantor does hereby grant and convey to Grantee, a perpetual easement for driveway purposes as described in Section II below.

I. Conveyance of Easement

Owner agrees to grant and convey to Corporation an easement for driveway purposes over and across the property owned by Owner and located in the County of , State of , and more particularly described as follows:

(Insert legal description)

II. Definition of Driveway Purposes

Driveway Purposes as used in this Agreement means , and it is agreed that no vehicles of more than axles or weighing more than pounds shall use or travel across the right of way described above.

III. Construction and Maintenance

The driveway described above shall be constructed and maintained in good repair by Corporation at its sole cost and expense. The driveway shall be constructed and maintained of the following material:

IV. Consideration

Corporation agrees to pay Owner the sum of $ for this Easement on or before . Tender of Corporation's valid check in the above-mentioned amount shall constitute a sufficient tender of payment under this Agreement. On proper tender, Owner will grant and convey the above-described Easement within days following payment.

The obligation of Corporation to pay Owner the above-mentioned amount of money is conditioned on Owner having legal right, in the opinion of Corporation's attorneys, to grant the Easement to Corporation.

V. Owner to Furnish Proof of Title

Owner agrees to furnish Corporation, on or before , an abstract of title showing marketable title to the above-described Easement up to the effective date of this Agreement.

VI. Easement to Run with Land

This grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the parties to this Agreement, their respective heirs, successors, or assigns.

VII. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

VIII. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

IX. Mandatory Arbitration

Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

X. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

XI. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

XII. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

XIII. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

WITNESS our signatures as of the day and date first above stated.