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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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82 lines
EASEMENT AGREEMENT
OPHELIA OWNER, referred to as OWNER, and GRANT GRANTEE, referred
to as GRANTEE, agree:
OWNER is the owner in fee simple of the following described real
estate:
SEE EXHIBIT 1
In consideration of $ 10000 ( ten thousand & no/100 dollars) paid
by GRANTEE, the OWNER grants to GRANTEE an exclusive easement to
excavate and remove sand and gravel, which shall include all
necessary and ancillary rights thereto including the right of
ingress and egress, the right to erect outbuildings or to store
equipment thereon for a period of 30 years. However, at the
expiration of the term of this lease, GRANTEE shall remove all
such equipment and outbuildings. Further, GRANTEE shall at the
time of termination of this agreement slope all banks which may
be hazardous.
GRANTEE shall promptly begin excavation operations and shall
diligently utilize the property for the purpose of excavating
sand and gavel and shall maintain continuous and regular
excavations.
GRANTEE shall pay $100.00 ( one hundred & no/100 dollars) per TON
for all sand or gravel removed to OWNER with settlement and
payment due no later than the fifth of each month for the
previous month. GRANTEE shall keep complete and accurate records
of the amounts of sand and gravel removed from the property. Such
records shall be subject to the right of OWNER to inspect the
same at all reasonable times.
GRANTEE shall construct fences around any sand and gravel pits
sufficient and as used in good practice. GRANTEE shall at all
times maintain insurance with minimum limits of $SEE EXHIBIT 2 (
two & no/100 dollars) for public liability.
OWNER may use any portions of the property not being excavated or
reasonably required by GRANTEE.
The grant of easement herein shall bind the heirs and assigns of
the OWNER; however, GRANTEE may not assign the rights hereunder
without the consent of OWNER. The rights herein shall be
specifically enforceable.
Dated: _______________________
__________________________________
OPHELIA OWNER, OWNER
__________________________________
GRANT GRANTEE, GRANTEE
Witnesses as to OWNER:
__________________________________
___________________________________
Witnesses as to GRANTEE:
___________________________________
____________________________________