Fill and Sign the Solar Easement Form

Grant of Solar Easement Agreement made on the ____ day of ____________________________, 20____, between ____________________________________________________ (Name of Grantor) of ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , hereinafter referred to as Grantor, and ______________________________________________ (Name of Grantee) of ___________________________________________________________ ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , hereinafter referred to as Grantee. Whereas, Grantor owns a tract of land that is described in that certain instrument recorded on Page ______ of Deed Book No. ______ in the office of the ____________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (County official’s name, office, and address where Deeds are recorded). Said tract of land is hereafter called Land and the legal description of said Land is as follows: (Insert Legal Description) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Whereas, Grantee owns a tract of land ( adjacent to the said Land owned by Grantor) that is described in that certain instrument recorded on Page _______ of Deed Book No. __________ in the office of the ______________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ __________________ (County official’s name, office and address where Deeds are recorded). Said tract of land is hereafter called Property and the legal description of said Property 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 and Grantee agree as follows: 1. Grantor does hereby grant and convey to Grantee, the perpetual right to receive sunlight across the Grantor’s Land for a solar energy system located, or to be located, on the Land. Said perpetual right (hereafter called solar easement ) is more particularly described as follows: That airspace located above a horizontal plane, which plane is located _______________ (number of feet) feet above the Land of Grantor. For purposes of determining that plane, the zero foot elevation point shall be ___________________________________________________ (e.g., name of street) that currently runs along the _________________________________ (e.g., western) boundary of Grantor’s Land . 2. The location of said solar easement is also described in the diagram attached as Exhibit A to this Instrument and is hereby incorporated by reference. 3. The solar easement granted above imposes the following restrictions on the future use and enjoyment of Grantor’s Land to prevent the impairment or destruction of the passage of sunlight through the solar easement. No vegetation, structures, or other objects will be allowed to encroach into or onto the solar easement with the exception of the existing trees, vegetation and structures now located on Grantor’s Land . 4. The solar easement , rights, and privileges granted under this Instrument shall cease and terminate when the solar energy system is no longer required or used for producing energy, or such system is permanently dismantled, removed, or abandoned by Grantee from Grantee’s Property. 5. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. 6. 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 (AAA) then in force and effect. If AAA no longer exists, the rules of a similar nationwide arbitration association shall govern. WITNESS my signature this the day of __________________________________, 20____. ___________________________________ (Name of Grantor) Acknowledgment (may vary by state) STATE OF ___________________________________ COUNTY OF ___________________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this _____ day of _________________________________________, 20____, within my jurisdiction, the within - named __________________________________________________ (Name of Grantor) , who acknowledged that he executed the above and foregoing instrument. __________________________________________ NOTARY PUBLIC My Commission Expires: ______________________