Fill and Sign the Texas Easement Public 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,                                           . Grant of Easement 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                               ,                         , Texas (the "Property"). Consideration This easement is granted in consideration of the Grantee's payment to Grantor of $1.00 and other good and valuable consideration acknowledged by Grantor. Character of Easement This instrument grants an easement in gross. Location of Easement The easement and right-of-way shall be located: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ [Describe Location of Easement] Purpose of Easement This right-of-way easement, with its rights and privileges, shall be used only for the purpose of: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ [Describe Purpose of Easement] Commencement, Duration and Termination of Easement 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 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. 1 Warranty of Title 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 In addition to the right-of-way in the Easement Area, Grantee shall have the following rights: _____________________________________________________________________ _____________________________________________________________________ [Describe Any Additional Rights] Release 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 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 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 Any controversy, action, claim, dispute, breach or question of interpretation relating to or arising out of this Agreement must be resolved by non-binding 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 This easement shall not be assignable by the Grantee. Executed this       day of                   , 20       . GRANTOR(S) By:                               2                                                             Signature Printed Name By:                                                                                           Signature Printed Name 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 3