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
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FAQs
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