Legal Easement Agreement

LEGAL EASEMENT AGREEMENT

This Easement Agreement ("Agreement") is made and entered into as of Effective Date: by and between Grantor Name: whose address is , and Grantee Name: whose address is .

RECITALS

WHEREAS, Grantor is the owner in fee simple of certain real property located in County: , State: , more particularly described as:

WHEREAS, Grantee seeks an easement for the purposes set forth below over, across, and upon a portion of Grantor's Parcel; and

WHEREAS, the parties desire to set forth the terms and conditions under which such easement shall be granted, used, maintained, and assigned.

NOW, THEREFORE, in consideration of the mutual covenants, agreements and payments herein described, the parties agree as follows:

1. GRANT OF EASEMENT

Grantor hereby grants, conveys and warrants to Grantee, its successors and assigns, a non-exclusive easement for the uses and purposes described in Section 2, together with the right of ingress and egress, and the right to construct, install, operate, inspect, maintain, repair, replace and remove facilities within the Easement Area described in Section 3, subject to the terms and conditions of this Agreement.

2. PURPOSE OF EASEMENT

The Easement is granted for the following permitted purposes (check applicable):

Permitted Uses Utilities, conduits, pipes and related appurtenances
Ingress and egress for vehicles and pedestrians
Surface water drainage, swales, and stormwater facilities
Other:

3. DESCRIPTION AND LOCATION OF EASEMENT

The Easement Area (the "Easement") consists of the strip or area of land described as follows and depicted on the attached sketch or survey:

4. TERM

The easement granted herein shall be:

Perpetual (runs with the land)
For a fixed term of years commencing on Effective Date

5. CONSIDERATION

As consideration for this grant, Grantee shall pay Grantor the sum of dollars, receipt of which is hereby acknowledged, and/or other good and valuable consideration as follows:

6. MAINTENANCE, REPAIR AND RESTORATION

Grantee shall, at its sole cost and expense, maintain the Easement Area in a safe and orderly condition and shall promptly repair any damage to Grantor's remaining property caused by Grantee's activities. In the event restoration of the surface is required, Grantee shall restore the affected area to substantially the same condition as existed prior to Grantee's activity, reasonable wear and tear excepted.

7. LIMITATIONS ON USE

Grantee shall not, without Grantor's prior written consent (which consent shall not be unreasonably withheld), place any structures, storage, debris, or other obstruction in the Easement Area except those facilities reasonably necessary for the permitted uses. Grantee shall not alter grades, cut trees or remove vegetation in a manner inconsistent with the purposes of this Agreement without prior written consent.

8. INDEMNIFICATION AND INSURANCE

Grantee shall indemnify, defend and hold harmless Grantor, its agents and employees, from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Grantee's use of the Easement Area, except to the extent caused by Grantor's gross negligence or willful misconduct.

Grantee shall maintain commercial general liability insurance with limits not less than per occurrence and shall provide certificates of insurance upon reasonable request.

9. ENVIRONMENTAL MATTERS

Grantee shall not store or discharge hazardous materials on the Easement Area. Grantee represents and warrants that to the best of its knowledge there are no hazardous substances introduced by Grantee and that Grantee shall comply with all environmental laws in the exercise of its rights hereunder. Grantee shall be responsible for cleanup of any contamination caused by Grantee's activities.

10. TAXES, ASSESSMENTS AND LIENS

Any taxes or assessments attributable to improvements placed on the Easement Area by Grantee shall be the responsibility of Grantee. Grantee shall not permit liens to be placed on Grantor's fee title by reason of Grantee's work; Grantee shall promptly remove any such liens or bond over them.

11. TRANSFER AND BINDING EFFECT

This Agreement and the rights and obligations herein shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Grantee may assign its rights under this Agreement provided that any assignee agrees in writing to be bound by the terms of this Agreement.

12. RECORDING

Grantee may record this Agreement in the office of the appropriate recorder or land registry. Recording of this Agreement shall be at Grantee's expense, and a recorded copy shall be provided to Grantor upon recording.

13. NOTICES

All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and delivered to the parties at their addresses set forth below (or to such other address as either party designates by notice in accordance with this Section).

14. DEFAULT AND REMEDIES

Upon breach of any material covenant of this Agreement, the non-breaching party shall provide written notice of default and a reasonable opportunity to cure. If the default is not cured within the cure period, the non-breaching party shall be entitled to pursue any remedy available at law or in equity, including specific performance, injunctive relief and recovery of costs and attorneys' fees.

15. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of . Venue for any action arising hereunder shall lie exclusively in the courts located in County: .

16. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, written or oral, relating to the Easement.

17. SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to give effect to the parties' intent to the extent permitted by law.

18. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument executed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing signed by the party against whom enforcement is sought. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

19. MISCELLANEOUS

Headings are for convenience only and shall not affect interpretation. Time is of the essence with respect to all dates and time periods set forth in this Agreement. The rights and remedies provided in this Agreement are cumulative and in addition to any other rights or remedies available at law or in equity.

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