Fill and Sign the Arkansas Easement Form

GRANT OF COMMUNICATIONS SYSTEM EASEMENT In consideration of the sum of $ _________ and other good and valuable consideration, receipt whereof is hereby acknowledged, the undersigned, _____________________________ (hereinafter called “Grantor”), hereby grants, conveys and assigns to _____________________________ , and its and their successors and assigns (hereinafter called “Grantee”), a permanent easement to operate, maintain (to include aerial patrol), reconstruct, replace, and remove its present telecommunication cable system, which system includes without limitation underground and/or surface cables, conduits, wires, pipes, ducts, waveguides, surface testing terminals, conduits, manholes, markers, regeneration huts, and other appurtenances (hereinafter collectively called “Telecommunication Cable System”), all where they are presently in place, plus such future additions, upgrades, or expansions to the Telecommunication Cable System that are consistent with present uses and do not increase the burden of the individual parcel without additional compensation upon, across or under a strip of land (hereinafter called “Grantee’s Communications Corridor”) _____________ feet wide, the location of which is in _______________________ , County of _______________________ , State of Arkansas and described as follows: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Legal Description or Attachment “A” It is understood and agreed that the permanent easement granted herein is subject to all presently existing uses of Grantor’s land whether such uses are by Grantor or others and whether for surface uses, crossings, or encroachments by communication companies or utilities, and Grantor shall have the exclusive rights to permit, restrict, maintain, or remove such existing uses on the land of Grantor, including land comprising Grantee’s Communications Corridor. It is further understood and agreed that Grantee shall not interfere with such reasonable uses of the land of Grantor, and that Grantor retains the right to grant, convey, assign, and restrict any and all rights on Grantor’s land that is not part of Grantee’s Communications Corridor. The permanent easement granted herein, including all rights incidental thereto, shall vest in and belong to Grantee exclusive of any rights or claims of Grantor that are not expressly reserved herein, and Grantor shall have no rights to grant other or additional telecommunication or utility easements of any kind upon, across, or under Grantee’s Communications Corridor without the consent of and upon payment of just compensation to Grantee. Grantee shall have the right to grant, convey, and assign to third parties in Grantee’s sole and absolute discretion, and with no further compensation to Grantor, sublicenses, subeasements, or other rights (hereinafter collectively called “Subeasement Rights”), 1 provided Grantee’s rights hereunder are limited to grants, conveyances, or assignments to use excess capacity within systems and additions that were installed and maintained primarily for Grantee’s own use. Grantor further grants and conveys to Grantee the following incidental rights and powers: [check and initial all that apply] Temporary rights-of-way and easements to be used during all periods of construction, reconstruction, repair, and removal upon so much of a strip of land _______ feet wide on each side of Grantee’s Communications Corridor as is owned by Grantor. ______ [initial] Ingress and egress upon and across the lands of Grantor to and from said temporary and permanent easement for the purpose of exercising the aforesaid rights, all upon reasonable notice by Grantee. ______ [initial] In keeping with environmentally safe and sound practices, the right to clear all trees, roots, brush, vines, overhanging limbs, and other obstructions from the surface and subsurface of the above-described permanent easement as are reasonably necessary for Grantee’s use and operations, and during periods of construction, reconstruction, repair, and removal only, the same rights on the surface and subsurface of the above-described temporary easement, subject to just compensation to Grantor for damage. ______ [initial] The right to install gates in any fence that Grantor may choose to erect across Grantee’s Communications Corridor; provided, however, that Grantee has no right to erect fences. ______ [initial] Grantor hereby covenants that with the exception of fences in which Grantee has a right to install gates, no excavation, building, structure, or obstruction will be constructed, erected, built, or permitted on said permanent easement, and no change will be made by grading or otherwise to the surface or subsurface of Grantee’s Communications Corridor, and that no change will be made by grading or otherwise to the surface or subsurface of the land immediately adjacent to Grantee’s Communications Corridor in such a manner that will interfere with Grantee’s rights herein granted. Grantor shall have the right to use and enjoy the land hereby encumbered by the above- described temporary and permanent easement so long as such use does not interfere with Grantee’s use and enjoyment of such land or the rights herein granted. Grantee agrees to pay for any damages to fences and growing crops arising from the construction and maintenance of the aforesaid systems; provided, however, that Grantor agrees that from and after the date hereof, Grantor shall not plow or cultivate to a depth greater than 15 (fifteen) inches on Grantee’s Communications Corridor, and shall not operate equipment other than normal farming equipment on or across Grantee’s Communications Corridor. Prior to 2.commencement of any digging or excavation (other 2 than cultivation or plowing) on or in the immediate vicinity of Grantee’s easement, Grantor shall notify “Call Before You Dig” or ________________________ named company 1- 800- ___________________ at least 24 (twenty-four) hours prior to such activity. Grantee releases Grantor from any and all damages and liability of any kind, whether past, present, or future, and whether foreseen or unforeseen, arising directly or indirectly on or from Grantor’s use of Grantee’s Communications Corridor, including any damages to Grantee’s Telecommunication Cable System, except upon proof of Grantor’s negligence, and if such negligence shall be proven then such damages and liability shall be limited to costs of repair and restoration and shall not include consequential damages. Grantor and Grantee shall mutually indemnify, defend, and hold harmless each other from any loss, damages, injuries, or liability, arising directly or indirectly in whole or in part from either party’s actions upon or use of the land encumbered by Grantee’s Communications Corridor. Grantor represents, warrants, covenants, and agrees that – except as to any ownership interest of Grantee and ____________________________ [other if any] – Grantor is the fee simple owner of the property and/or has the right, power, and authority to grant and convey to Grantee the above-described rights and easement; and Grantor will obtain, in recordable form, from any person currently having a lien, security interest or other interest in the land, which is senior to the rights of Grantee granted and conferred hereunder, such person’s consent to the terms and provisions of this grant of easement. Grantor and Grantee expressly acknowledge and agree that this Grant of Communications System Easement sets forth the entire understanding and agreement of Grantor and Grantee with respect to Grantor’s and Grantee’s use, maintenance, and operation of Grantee’s Communications Corridor, and as between Grantor and Grantee, any prior easement, license, or other similar rights with respect to Grantee’s use of Grantor’s property from any source derived is hereby disclaimed and of no further force or effect. The covenants, rights, terms, conditions, and provisions herein shall extend to and be binding upon the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, assigns, lessees, and agents. Grantor acquired his/her/its right, title, and interest in and to the land that is subject to this permanent easement pursuant to instrument dated the ______ day of ____________________ , 20 ______ , and recorded on ______ day of ____________________ , 20 ______ , as Instrument Number _________ , Book _________ , pages _________ , in the ____________________ County (Arkansas) Recorder’s Office. Signed, sealed, and witnessed this the ______ day of ____________________ , 20 ______ , at _____________________________ . GRANTOR GRANTEE 3 __________________________ __________________________ (printed name) (printed name) __________________________ __________________________ (signature) (signature) Accepted and Agreed to this ____ day of __________________ , 20 _____ . By: _______________________ (signature) (SEAL) 4