Legal Deed of Access

LEGAL DEED OF ACCESS

This Deed of Access is made on Effective Date: by and between Grantor Name: whose address is Grantor Address: (\"Grantor\"), and Grantee Name: whose address is Grantee Address: (\"Grantee\").

RECITALS

WHEREAS, Grantor is the lawful owner in fee simple of the real property legally described as Legal Description of Grantor Property: (the \"Servient Tenement\"); and

WHEREAS, Grantee is the owner of adjacent property legally described as Legal Description of Grantee Property: (the \"Dominant Tenement\") and requires access across the Servient Tenement for ingress and egress, utilities, maintenance and related purposes; and

WHEREAS, Grantor desires to grant and convey to Grantee a non-exclusive right of access subject to the terms, covenants and conditions set forth in this Deed.

NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. GRANT OF ACCESS

1.1 Grant. Grantor hereby grants and conveys to Grantee, its successors and permitted assigns, a non-exclusive easement and right of access (the \"Access Right\") over, across and through the portion of the Servient Tenement depicted and described as Access Area Description: for the purposes set forth in Section 2.

1.2 Nature of Interest. The Access Right granted by this Deed is an easement appurtenant to the Dominant Tenement and shall run with the land and bind Grantor and Grantor's successors and assigns.

2. PURPOSE AND SCOPE

2.1 Permitted Uses. The Access Right may be exercised only for ingress and egress, installation, operation, repair and maintenance of utilities and drains, and any incidental uses reasonably necessary for the beneficial use and enjoyment of the Dominant Tenement (collectively, \"Permitted Uses\"). Any other use requires the prior written consent of Grantor, not to be unreasonably withheld.

2.2 Limitations. Grantee shall not erect or place any permanent structure within the Access Area except as expressly authorized in writing by Grantor. Grantee shall comply with all applicable laws, ordinances and reasonable rules established by Grantor for the use of the Servient Tenement.

3. TERM

3.1 Duration. The Access Right is granted in perpetuity unless otherwise terminated as provided in this Deed. If a finite term is intended, specify Term End Date: .

3.2 Termination. This Deed may be terminated upon mutual written agreement of the parties or by operation of law in accordance with governing law provisions herein. Termination shall not affect obligations accrued prior to termination.

4. ACCESS PROCEDURES

4.1 Prior Notice. Except in cases of emergency, Grantee shall provide Grantor with written notice not fewer than Notice Period Days: days prior to entry for non-routine work, identifying the nature and estimated duration of the work and the names of persons and contractors who will enter the Access Area.

4.2 Hours and Conduct. Grantee and its agents shall conduct activities within the Access Area during reasonable hours and in a manner designed to minimize disturbance to Grantor and neighboring properties. Grantee shall ensure that contractors and agents comply with reasonable safety instructions issued by Grantor.

5. RESTORATION AND MAINTENANCE

5.1 Restoration. Following any entry or work within the Access Area, Grantee shall promptly restore the Access Area to a condition substantially equivalent to that which existed prior to its entry, reasonable wear and tear excepted. Restoration shall include regrading, reseeding, replacement of paving, fences or landscape features as reasonably required by Grantor.

5.2 Maintenance. Unless otherwise agreed, ongoing maintenance of improvements installed by Grantee within the Access Area shall be the responsibility of Grantee. Grantee shall keep the Access Area free of debris and nuisance conditions caused by Grantee's activities.

6. LIABILITY, INSURANCE AND INDEMNITY

6.1 Liability. Grantee assumes all risk of loss or damage to persons or property arising out of the exercise of the Access Right, except to the extent such loss or damage results from the gross negligence or willful misconduct of Grantor.

6.2 Insurance. Grantee shall, at its expense, maintain commercial general liability insurance with limits reasonably acceptable to Grantor and naming Grantor as an additional insured for liabilities arising from Grantee's use of the Access Area. Grantee shall provide certificates of insurance upon reasonable request.

6.3 Indemnity. Grantee shall indemnify, defend and hold harmless Grantor from and against all claims, liabilities, losses, expenses and costs (including reasonable attorneys' fees) arising out of Grantee's exercise of the Access Right, except to the extent caused by Grantor's negligence or willful misconduct.

7. COVENANTS AND RESTRICTIONS

7.1 Non-Interference. Grantee shall not unreasonably interfere with Grantor's use and enjoyment of the Servient Tenement and shall take reasonable steps to avoid nuisance, noise or pollution arising from Grantee's activities.

7.2 No Transfer Except With Notice. Grantee may assign its interest in this Deed to a successor owner of the Dominant Tenement provided that Grantee shall give prior written notice to Grantor and the assignee agrees in writing to be bound by the terms hereof.

8. NOTICES

8.1 Method. All notices, consents or demands required or permitted under this Deed shall be in writing and shall be delivered personally, by certified mail (return receipt requested), or by nationally recognized overnight courier to the addresses set forth below or to such other address as a party shall designate by notice in accordance with this Section.

9. ASSIGNMENT

9.1 Assignment by Grantee. Grantee may assign or transfer its interest in this Deed to a successor in interest to the Dominant Tenement provided that the assignee expressly assumes Grantee's obligations hereunder in writing. Any purported assignment in violation of this Section shall be void.

10. GOVERNING LAW

This Deed shall be governed by and construed in accordance with the substantive laws of the applicable jurisdiction selected by the parties. The parties submit to the exclusive jurisdiction of courts located in the jurisdiction in which the Servient Tenement is situated for resolution of any disputes arising under this Deed. Governing jurisdiction:

11. ENTIRE AGREEMENT

This Deed, including any exhibits or plans referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements, whether written or oral.

12. SEVERABILITY

If any provision of this Deed is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and the parties shall negotiate in good faith to replace any invalid provision with a valid provision achieving the original intent of the parties.

13. AMENDMENT AND WAIVER

No amendment, modification or waiver of any provision of this Deed shall be effective unless in writing and signed by both parties. The waiver by either party of a breach of any provision shall not be construed as a waiver of any subsequent breach.

14. COUNTERPARTS; EXECUTION AS DEED

This Deed may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The parties intend that this instrument be executed as a deed and delivered and shall be effective upon execution and delivery by the parties.

15. MISCELLANEOUS

15.1 Remedies. The rights and remedies provided in this Deed are cumulative and not exclusive of any rights or remedies provided by law.

15.2 Recordation. Upon execution, this Deed may be recorded in the land records of the jurisdiction where the Servient Tenement is located to give notice of the Access Right. Party requesting recordation:

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