Legal Drainage Easement Document

LEGAL DRAINAGE EASEMENT AGREEMENT

This Drainage Easement Agreement (the "Agreement") is made and entered into as of Effective Date: by and between Grantor Name: , whose address for all purposes under this Agreement is

and Grantee Name: , whose address for all purposes under this Agreement is

RECITALS

WHEREAS, Grantor is the owner in fee simple of certain real property located in County: , State: , commonly described as Parcel Identifier Number or Address: (the "Servient Parcel");

WHEREAS, Grantee requires a drainage easement over, under, across and through a portion of the Servient Parcel for the purpose of constructing, operating, maintaining and repairing drainage and stormwater conveyance facilities and appurtenances (the "Facilities"); and

WHEREAS, Grantor is willing to grant such easement on the terms and conditions set forth below.

NOW, THEREFORE

In consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows:

1. GRANT OF EASEMENT

Grantor does hereby grant and convey to Grantee, its successors and assigns, a perpetual/nonexclusive easement and right-of-way over, under, across and through that certain strip or parcel of land (the "Easement Area") located on the Servient Parcel, as more particularly described in Section 3 and in the Legal Description attached hereto, for the purpose of constructing, installing, operating, inspecting, maintaining, repairing, replacing, enlarging and removing drainage facilities, pipes, culverts, inlets, outfalls, ditches, swales, retention and detention improvements, and related appurtenances necessary or convenient for the collection, conveyance and discharge of stormwater and surface water.

2. PURPOSE AND SCOPE

The Easement granted herein is for the sole purpose of stormwater and surface water management and drainage. Grantee's rights under this Agreement include ingress and egress to the Easement Area at reasonable times for the purposes set forth, to construct, install, operate and maintain the Facilities, and to remove any obstructions within the Easement Area that interfere with the Facilities. Grantee shall not use the Easement Area for vehicular access or placement of structures except as reasonably necessary for construction or maintenance of the Facilities.

3. DESCRIPTION OF SERVIENT PARCEL

4. TERM

The Easement granted by this Agreement shall be: Perpetual Limited Term (specify end date) If limited, End Date:

5. MAINTENANCE, REPAIR AND RESTORATION

Responsibility for routine maintenance, repair and replacement of the Facilities shall be as follows:

6. ACCESS, NOTICE AND COORDINATION

Grantee shall provide reasonable prior notice to Grantor of non-emergency entry into the Easement Area. Unless impracticable due to an emergency situation, such notice shall be provided not less than hours in advance of entry. Grantee shall use commercially reasonable efforts to minimize damage to the Servient Parcel and to restore disturbed areas to substantially the same condition that existed prior to performance of any work.

7. RESTRICTIONS ON USE

Grantor covenants and agrees that it will not erect or permit to remain any buildings, structures, improvements, fences, landscaping, or other obstructions within the Easement Area that would interfere with Grantee's rights hereunder. Any permitted landscaping shall be subject to Grantee's prior written approval, which shall not be unreasonably withheld.

8. LIABILITY, INDEMNITY AND INSURANCE

Each Party shall be responsible for injuries or damages caused by its negligence or willful misconduct in connection with the exercise of rights under this Agreement. To the fullest extent permitted by law, Grantor shall indemnify, defend and hold harmless Grantee from and against any claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of Grantor's breach of this Agreement or Grantor's negligent acts or omissions. Grantee shall maintain liability insurance for operations conducted within the Easement Area in limits not less than or higher as required by applicable law.

9. TITLE, ENCUMBRANCES AND LIMITATIONS

Grantor warrants that to Grantor's knowledge, Grantor is the owner of the Servient Parcel and has authority to grant this Easement. This Easement is subject to existing easements, restrictions, covenants, liens and encumbrances of record, if any, which do not materially interfere with the rights granted herein. Exceptions to title:

10. TAXES, ASSESSMENTS AND COSTS

Any increase in taxes or special assessments attributable solely to the Facilities installed by Grantee shall be the responsibility of Grantee. Routine property taxes and assessments attributable to the Servient Parcel shall remain the obligation of Grantor unless otherwise agreed in writing.

11. ASSIGNMENT; SUCCESSORS

Grantee shall have the right to assign this Agreement and the rights herein to any successor, assignee, or governmental or quasi-governmental entity; provided that any assignee expressly assumes the obligations of Grantee hereunder in writing. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and permitted assigns.

12. RECORDING

Grantor shall execute and deliver this Agreement for recording in the official land records of the jurisdiction in which the Servient Parcel is located, and shall take all actions reasonably necessary to effect recordation.

13. NOTICES

All notices, demands or communications required or permitted hereunder shall be in writing and shall be delivered to the Parties at the addresses set forth below by hand delivery, certified mail (return receipt requested), or nationally recognized overnight courier, and shall be deemed given upon receipt.

14. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to principles of conflicts of law. This Agreement, together with any recorded exhibits, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect, and the invalid provision shall be reformed only to the extent necessary to make it valid and enforceable.

15. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may not be amended or modified except by an instrument in writing signed by both Parties. No waiver by either Party of any provision of this Agreement shall be effective unless in writing and signed by the waiving Party. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

16. MISCELLANEOUS PROVISIONS

Headings used in this Agreement are for convenience only and shall not affect interpretation. The obligations and covenants contained herein shall survive any transfer of title to the Servient Parcel to the extent necessary to enforce the rights granted herein.

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