EASEMENT AGREEMENT

(California — Court-Ready Template)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Exhibit A – Legal Description of Burdened Parcel
Exhibit B – Legal Description of Benefited Parcel (if any)
Exhibit C – Depiction of Easement Area (survey or sketch)

I. DOCUMENT HEADER

1. Parties

This Easement Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between [GRANTOR LEGAL NAME], a [STATE & ENTITY TYPE], whose address is [ADDRESS] (“Grantor”), and [GRANTEE LEGAL NAME], a [STATE & ENTITY TYPE], whose address is [ADDRESS] (“Grantee”). Grantor and Grantee are each a “Party” and, collectively, the “Parties.”

2. Recitals

A. Grantor is the fee simple owner of the real property located in [COUNTY], California, more particularly described in Exhibit A (the “Burdened Parcel”).
B. Grantee desires to obtain, and Grantor is willing to grant, an easement over a portion of the Burdened Parcel, depicted on Exhibit C (the “Easement Area”), for the purposes set forth herein.
C. The Parties intend that this Agreement be recorded to provide constructive notice pursuant to Cal. Gov’t Code § 27280 and Cal. Civ. Code § 1213.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

II. DEFINITIONS

For purposes of this Agreement:

“Applicable Law” means all federal, state, and local statutes, ordinances, rules, regulations, and common-law principles applicable to the Easement, including the California Civil Code (e.g., Cal. Civ. Code § 801 et seq.), California Government Code, and any successor laws.

“Benefited Parcel” means the real property owned or controlled by Grantee, described in Exhibit B, which will benefit from the Easement.

“Burdened Parcel” has the meaning set forth in Recital A.

“Defaulting Party” has the meaning set forth in Section VI.1.

“Easement” means the non-exclusive real property interest granted in Section III.1.

“Easement Area” has the meaning set forth in Recital B.

“Effective Date” has the meaning set forth in Section I.1.

“Maintenance Standard” means maintenance in a good, safe, and workmanlike condition consistent with industry standards for comparable improvements in [COUNTY], California.

“Notice” has the meaning set forth in Section IX.3.

“Term” has the meaning set forth in Section III.3.

[// GUIDANCE: Add additional defined terms if the transaction requires greater specificity—e.g., “Utilities,” “Driveway Improvements,” “Emergency.” Ensure every defined term is capitalized and used consistently.]

III. OPERATIVE PROVISIONS

1. Grant of Easement

Subject to the terms and conditions herein, Grantor hereby grants and conveys to Grantee, its successors and assigns, a [TYPE OF EASEMENT – e.g., non-exclusive appurtenant access and utility easement] (the “Easement”) over, across, under, and through the Easement Area for the following purposes (collectively, the “Permitted Uses”):

a. Ingress and Egress. Vehicular and pedestrian access to and from the Benefited Parcel;
b. Utilities. Installation, maintenance, repair, replacement, and operation of [utilities – e.g., electricity, water, sewer, data]; and
c. Incidental Uses. Any use reasonably necessary to accomplish the foregoing.

2. Consideration

As consideration for the Easement, Grantee shall pay Grantor [MONETARY CONSIDERATION], receipt of which Grantor acknowledges, and shall perform the covenants set forth herein.

3. Term

The Easement shall commence on the Effective Date and shall [choose one]:
• [perpetually run with the land]; or
• [continue for a term of ___ years ending on _, 20 (the “Expiration Date”)].

4. Recording

Promptly after execution, the Parties shall cause this Agreement and any exhibits or memoranda reasonably required by either Party to be recorded in the Official Records of [COUNTY], California. The recording fees shall be paid by [select Party].

[// GUIDANCE: If confidentiality is needed, record a short-form memorandum and keep unrecorded agreement private. Ensure memorandum meets Cal. Gov’t Code § 27280 formatting.]

5. Construction & Maintenance

a. Initial Improvements. Grantee may construct [describe improvements] within the Easement Area, at Grantee’s sole cost, in compliance with Applicable Law and after obtaining Grantor’s written consent, not to be unreasonably withheld or delayed.
b. Maintenance. Grantee shall maintain the Easement Area and any improvements in accordance with the Maintenance Standard.
c. Damage. Grantee shall promptly repair any damage to the Burdened Parcel caused by Grantee’s exercise of the Easement.

6. Relocation (Optional)

Grantor may, at its sole cost, relocate the Easement Area to a substantially similar location on the Burdened Parcel, provided such relocation (i) does not materially impair Grantee’s use, and (ii) complies with Applicable Law.

7. Conditions Precedent & Subsequent

a. Permits. All permits and approvals required for Grantee’s intended use shall be obtained at Grantee’s expense.
b. Subsequent Condition. Failure of Grantee to commence meaningful use of the Easement within [___ months] after the Effective Date shall render this Agreement terminable by Grantor upon [___ days] Notice.

IV. REPRESENTATIONS & WARRANTIES

1. By Grantor:
   a. Grantor is the sole fee owner of the Burdened Parcel and has full power to grant the Easement.
   b. The Easement will be free of all liens and encumbrances [except those of record as of the Effective Date].
   c. Grantor has not previously conveyed any easement or right conflicting with the Easement.

2. By Grantee:
   a. Grantee is duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation.
   b. Grantee has full power and authority to enter into and perform this Agreement.
   c. The execution and performance of this Agreement have been duly authorized.

3. Survival. The representations and warranties shall survive the recordation of this Agreement for [___ years/perpetually].

V. COVENANTS & RESTRICTIONS

1. Use Restrictions. Grantee shall not:
   a. Use the Easement Area for any purpose other than the Permitted Uses;
   b. Store hazardous materials within the Easement Area; or
   c. Interfere unreasonably with Grantor’s use of the Burdened Parcel.

2. Compliance. Each Party shall comply with Applicable Law in connection with its activities under this Agreement.

3. Notice & Cure. A Party claiming a breach under this Section shall give Notice and allow a [___-day] cure period before exercising remedies.

VI. DEFAULT & REMEDIES

1. Events of Default. A “Defaulting Party” is a Party that:
   a. Fails to perform a material obligation and does not cure within [30] days after Notice; or
   b. Commits waste or willful misconduct within the Easement Area.

2. Remedies. Upon an uncured default, the non-defaulting Party may:
   a. Seek specific performance or injunctive relief;
   b. Recover actual damages (subject to Section VII.2); and
   c. Recover reasonable attorneys’ fees and costs.

3. Termination for Default. If Grantee is the Defaulting Party, Grantor may terminate the Easement by recording a Notice of Termination after (i) expiration of cure period, and (ii) a [___-day] objection period following service on Grantee.

[// GUIDANCE: Consider adding arbitration-specific default provisions if Section VIII.3 is selected.]

VII. RISK ALLOCATION

1. Indemnification

Grantee shall indemnify, defend, and hold harmless Grantor, its successors, and assigns from and against any third-party claims, liabilities, losses, and expenses arising out of or related to Grantee’s exercise of the Easement, except to the extent caused by Grantor’s gross negligence or willful misconduct.

2. Limitation of Liability

Except for (i) indemnification obligations, (ii) liability arising from gross negligence or willful misconduct, and (iii) unpaid monetary obligations, each Party’s aggregate liability under this Agreement shall be limited to actual, direct damages not to exceed [DOLLAR CAP or “the fair market value of the Burdened Parcel”]. Neither Party shall be liable for consequential, incidental, punitive, or exemplary damages.

3. Insurance

Grantee shall maintain, at its sole cost, [commercial general liability insurance with limits of not less than $_ per occurrence and $_ aggregate], naming Grantor as an additional insured. Evidence of coverage shall be provided upon request.

4. Force Majeure

Neither Party shall be liable for failure to perform due to events beyond its reasonable control (e.g., acts of God, governmental orders), provided such Party uses commercially reasonable efforts to resume performance promptly.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Agreement and any dispute hereunder shall be governed by the real property laws of the State of California, without regard to conflicts-of-law principles.

2. Forum Selection. Subject to Section VIII.3, the state courts located in [COUNTY], California, shall have exclusive jurisdiction.

3. Optional Arbitration.
   [SELECT ONE]
   ☐ Arbitration Elected. Any claim shall be finally resolved by binding arbitration administered by [ADR provider] under its [rules], held in [CITY], California. Judgment on the award may be entered in any court having jurisdiction.
   ☐ Arbitration Not Elected. Section VIII.3 intentionally omitted.

4. Jury Trial Waiver (Optional). [If elected:] EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY.

5. Specific Performance & Injunctive Relief. Because damages may be an inadequate remedy, each Party shall be entitled to specific performance or injunctive relief to enforce this Agreement, in addition to any other remedy.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. No amendment or waiver is effective unless in writing, signed by both Parties, and recorded if required by Applicable Law.

2. Assignment. Grantee may not assign this Agreement without Grantor’s prior written consent, except to a successor-in-interest to the Benefited Parcel that assumes Grantee’s obligations in writing.

3. Notices. All notices or demands (“Notice”) shall be in writing and delivered (i) by certified U.S. mail (return receipt requested), (ii) by nationally recognized overnight courier, or (iii) by hand delivery, to the addresses set forth in Section I.1 (or such other address as a Party may designate by Notice). Notices are deemed given on delivery or first refusal.

4. Severability. If any provision is held invalid, the remainder shall be enforced to the maximum extent permissible.

5. Integration. This Agreement (including exhibits) constitutes the entire agreement and supersedes all prior understandings regarding the Easement.

6. Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original, and may be executed and delivered electronically, which shall be deemed an original for all purposes.

7. Successors & Assigns. This Agreement shall run with and bind the Burdened Parcel and inure to the benefit of the Benefited Parcel and the Parties’ respective successors and permitted assigns.

8. Further Assurances. Each Party shall execute and deliver instruments reasonably necessary to effectuate this Agreement, including, without limitation, a memorandum, subordination agreements, and termination instruments.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT (CALIFORNIA)

(Attach customary California all-purpose acknowledgment — Cal. Civ. Code § 1189 compliant.)

EXHIBIT A

Legal Description of Burdened Parcel
(Attach metes and bounds or lot and block description.)

EXHIBIT B

Legal Description of Benefited Parcel (if any)

EXHIBIT C

Depiction of Easement Area (survey, site plan, or sketch with dimensions)

[// GUIDANCE:
1. Verify legal descriptions with a licensed surveyor or title company.
2. Confirm no existing encumbrances conflict with the Easement.
3. For utility easements, coordinate with utility providers for required language.
4. Upon termination, promptly record the Notice of Termination to remove cloud on title.
5. Tailor insurance limits and indemnity scope to the particular project risk profile.]