Fill and Sign the Texas Easement Form

EASEMENT AGREEMENT Preamble This Agreement is made on this       day of                               , 20       in                               County, Texas between                               ("Grantor" whether one or more), and                                           , ("Grantee") whose mailing address is,                               ,                         , Texas             . Grant of Easement 1. For the consideration described in Paragraph 2, Grantor grants to Grantee an easement and right - of - way upon and across the following described property of the Grantor: Lot       , Block       , of                         , SECTION       (       ), a subdivision in                   County, Texas, according to the map or plat thereof recorded in Volume       , Page       of the Map Records of                   County, Texas (the “Subdivision”), also known as                               (the "Property"). Consideration 2. This easement is granted in consideration of the Grantee's payment to Grantor of             and other good and valuable consideration acknowledged by Grantor. Character of Easement 3. This instrument grants an easement in gross. Location of Easement 4. The easement and right - of - way shall be in the same location as:                                                                                                                                                                                                                                                                               Purpose of Easement 5. This right - of - way easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, repairing, maintaining, rebuilding, replacing and removing a perimeter fence in the Easement Area (the "Perimeter Fence"). The Perimeter Fence constructed in the easement shall be                                           . The Grantor authorizes the Grantee to periodically inspect the Perimeter Fence to insure that trees, shrubbery, improvements and other personal property are not leaning or pressing against the Perimeter Fence. Such inspections of the Perimeter Fence shall take place at times and in a manner to reasonably minimize the inconvenience to and interference of the Grantor. If the inspection of the Perimeter Fence Easement Agreement Page of 41 reveals that trees, shrubbery, improvements or other personal property are leaning or pressing against the Perimeter Fence, the Grantor shall be notified in writing of such condition by the Grantee. The Grantor shall cause such condition to be corrected within thirty (30) days after the date of such notice. If the Grantor does not correct the condition within thirty (30) days after the date of such notice, the Grantee may engage independent contractors to correct such condition. Such contractors are expressly permitted to trim, cut, and remove trees and shrubbery situated within thirty-six inches (36") of the Perimeter Fence and to relocate improvements and personal property touching the Perimeter Fence. Such trimming, cutting, and removing of trees and shrubbery and relocating of improvements and personal property shall take place in such a manner to reasonably minimize (i) the inconvenience to and interference of the Grantor, and (ii) the effect to the trees and shrubbery that are adjacent to the Perimeter Fence, as well as to the improvements and personal property that are touching the Perimeter Fence. Grantor shall not be individually assessed for the costs of such periodic inspections by the Grantee of the Perimeter Fence. The terms "trees" and "shrubbery" as used in this Paragraph 5 shall include trees, shrubbery, and all other plantings, including the leaves, branches, and root systems. Commencement, Duration and Termination of Easement 6. This easement shall not commence nor be accepted by Grantee until Acceptance of this easement by Grantee and commencement of this easement shall be signified by (i) Grantee’s signature below, and (ii) its being filed of record along with the easements granted by the owners of the other Memorial Drive Lots. This easement shall exist until the purpose of the easement ceases to exist or is abandoned by Grantee at which time the easement shall be deemed terminated. Warranty of Title 7. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to warrant and forever defend the easements in this Agreement and rights conveyed in this instrument to Grantee against every person lawfully claiming or to claim all or any part of the interest in the Property. Temporary Easements 8. In addition to the right - of - way in the Easement Area, Grantee shall have the right to use as much of the surface of the Property adjacent to the Easement Area as may be reasonably necessary for Grantee to remove, construct, install and maintain the Perimeter Fence in the Easement Area. Grantee agrees to restore (as close as reasonably possible) the surface of the Property used in accordance with this Paragraph 8, to its original condition prior to Grantee's use. Release 9. Grantor agrees to and does hereby release and hold harmless Grantee, including its board of trustees, from any damages to structures (including fences), sprinkler systems, flowerbeds, landscaping and any other improvements in the Easement Area damaged during Grantee’s exercise of its easements in this Agreement. Rights Reserved Easement Agreement Page of 42 10. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the Easement Area of this Agreement for any and all purposes that do not interfere with and prevent Grantee's use of the Easement Area. Entire Agreement 11. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties or all parties. Dispute Resolution/Attorney’s Fees 12. Any controversy, action, claim, dispute, breach or question of interpretation relating to or arising out of this Agreement must be resolved by nonbinding mediation and if mediation is unsuccessful, by binding Arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the Award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. The costs of Arbitration and the prevailing parties’ attorney’s fees and expenses shall be borne/paid by the losing party or shall be borne/paid in such proportions as the Arbitrator(s) determine. Assignability and Binding Effect 13. This easement shall not be assignable by the Grantee. Executed this       day of                   , 20       . GRANTOR(S) By:                                           Signature Printed Name By:                                           Signature                                           Printed Name Easement Agreement Page of 43 AGREED AND ACCEPTED:                                                                                     Signature                                           Printed Name                                           Title THE STATE OF TEXAS § § COUNTY OF                         § Before me, a notary public, on this day personally appeared                                           , known to me to be the person whose name is subscribed to the foregoing instrument and, being by me first duly sworn and declared that he/she executed same in the capacity and consideration therein expressed. Given under my hand and seal of office this the       day of                   , 20       .                                           NOTARY PUBLIC - STATE OF TEXAS THE STATE OF TEXAS § § COUNTY OF                         § Before me, a notary public, on this day personally appeared                                           , known to me to be the person whose name is subscribed to the foregoing instrument and, being by me first duly sworn and declared that he/she executed same in the capacity and consideration therein expressed. Given under my hand and seal of office this the       day of                   , 20       .                                           NOTARY PUBLIC - STATE OF TEXAS Easement Agreement Page of 44