EASEMENT AGREEMENT
THIS GRANT OF EASEMENT, made and entered into this 1st day of January 2016, by and between Mr. David Land with mailing address at 124 West Main Street, Miami, Florida (hereinafter to be called the “GRANTOR”), and Mrs. Elizabeth Acre whose mailing address is 126 West Main Street, Miami, Florida (hereinafter to be called the “GRANTEE”) (Easement Agreement n.d.):
WITNESSETH:
WHEREAS, GRANTOR is the owner in fee simple of a piece of land located in 124 West Main Street, Miami, Florida (hereinafter referred to as the “Property”), which is described more particularly in Exhibit “A”, which is attached and incorporated herein by reference;
WHEREAS, GRANTEE wishes to utilize the “Property” for the purpose of ingress, egress and regress from and/or into her property that is located at the back of Mr. Land’s residence and can only be accessed by passing through the “Property”;
WHEREAS, GRANTOR acquiesces to the request of GRANTEE to use the “Property” for easement and/or right-of-way as stated in the last preceding paragraph;
NOW, THEREFORE, for and in consideration of the sum of TWO THOUSAND DOLLARS ($2,000), the receipt and adequacy of which are herein acknowledged, the GRANTOR grants to GRANTEE, her agents, legal successors and assigns, an easement in and upon and over and across the “Property” abovementioned and more fully described in Exhibit “A” subject to the following terms, conditions and covenants:
1. GRANT OF EASEMENT. The GRANTOR grants, gives and conveys to the GRANTEE, her agents, successors and assigns, the right to use the “Property” by passing through and over and across said “Property” for the exclusive purpose of pedestrian and vehicular ingress and egress to and from the GRANTEE’S property;
2. CONSTRUCTION OF ROAD. For the purpose of safely and conveniently effecting this easement, GRANTOR further grants the GRANTEE, her agents, successors and assigns, the right to construct pavement over the road on the “Property”; and for her part, GRANTEE agrees that any and all work performed on the Premises for the purpose of constructing pavement over the road relative to the grant of Easement shall be conducted in a safe manner and in accordance with applicable federal, state, and local statutes, rules, regulations and ordinances.
2. TERM OF GRANT. GRANTOR grants to the GRANTEE the perpetual and non-exclusive use of “Property” as easement from the date of the full execution of this Agreement, also extending, in effect, the applicability of this Easement to the GRANTOR’S agents, legal successors and assigns, as well as to subsequent owners of the “Property”; however, this grant of easement does not extend to the general public (Permanent Access Easement n.d.).
3. RESERVATIONS. GRANTOR reserves the right to use and/or assign the use of the “Property” in a manner that does not conflict or interfere with the use of the GRANTEE, her successors and assigns, of said “Property”; nonetheless, serving notice in writing at all times to the latter when the use of the “Property” tends to impinge on the GRANTEE’s use of the “Property” as easement.
4. WARRANTY CLAUSE. GRANTOR hereby warrants and guarantees its fee title in the Property, as well as warrants and guarantees that he has the power and authority to grant this Easement.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement to be executed as of the day and year first above written.
References
Easement Agreement (n.d.). http://www.dep.state.fl.us/legal/Enforcement/appendix/access/easement.pdf
Permanent Access Easement (n.d.). https://www.dep.state.fl.us/water/wetlands/forms/62-330/62- 330_301_17.pdf
