Easement Agreement

ARIZONA EASEMENT DEED AND AGREEMENT PREPARATION PACKET

DO NOT RECORD THIS PACKET AS-IS. Complete the title, survey, legal-
description, consent, execution, acknowledgment, tax, and county-recorder
review. The final recordable instrument must identify the land interest with
sufficient precision and use the form accepted by the county recorder.

1. Transaction and Recording Control Sheet

Recording-format check

• ☐ Caption briefly states the nature of the instrument.
• ☐ Final instrument is an original and sufficiently legible for certified copies.
• ☐ Original signatures are used except where current law permits otherwise.
• ☐ Page size, type size, and one-half-inch margins satisfy current § 11-480.
• ☐ First page reserves at least two inches at the top for recording information.

• ☐ Any modification identifies the prior instrument's recording date and the
  docket and page or other county-accepted recording reference.

• ☐ County-specific cover sheet, parcel number, legal-description, fee, and
  electronic-recording requirements are confirmed.

2. Parties and Authority

Grantor

Full legal name: [________________________________]

Individual / trust / entity capacity: [________________________________]

Mailing address: [________________________________]

Title evidence and vesting: [________________________________]

Signing authority: [________________________________]

Grantee

Full legal name: [________________________________]

Mailing address: [________________________________]

Entity organization / licensing / charter state and country, if applicable:
[________________________________]

Signing authority: [________________________________]

For a regulated or regulable entity described in § 33-401(C), enter the full
name, address, organization state, and formation country in the final instrument.

3. Property and Title Gate

Servient estate — property burdened by the easement

Dominant estate — property benefited, if appurtenant

Easement area

Title and consent review

• ☐ Grantor owns the estate being conveyed and the vesting name is exact.

• ☐ Every record owner, trustee, entity, marital, community-property,
  homestead, or other signature issue has been reviewed.

• ☐ Mortgages, deeds of trust, leases, liens, covenants, declarations,
  reciprocal easements, and prior rights are listed in Exhibit E.

• ☐ Required lender, landlord, association, governmental, utility, or other
  consents, joinders, subordinations, or non-disturbance instruments are ready.

• ☐ Surveyor and title counsel approved the legal descriptions and recording order.

Recording does not cure lack of ownership, authority, consent, lawful purpose,
or an adequate description.

4. Easement Classification and Grant

4.1 Classification

• Easement character: ☐ appurtenant ☐ in gross ☐ counsel-approved other
• Rights granted: ☐ affirmative ☐ negative ☐ both as specifically described
• Exclusivity: ☐ nonexclusive ☐ exclusive only to the stated extent
• Duration: ☐ perpetual ☐ fixed term ending [__/__/____] ☐ other [________]
• Benefited users: [________________________________]
• Transfer treatment: [________________________________]

4.2 Core grant language

For the consideration stated in Exhibit F, Grantor grants and conveys to
Grantee the easement described in this instrument over the Easement Area shown
in Exhibits C and D, solely for the Easement Purpose stated below, together
with only those incidental rights expressly stated in this instrument.

Easement Purpose:
[____________________________________________________________]

[____________________________________________________________]

Reserved rights of Grantor:
[____________________________________________________________]

No unstated use, user class, route, improvement, utility, vehicle, intensity,
frequency, or expansion is granted by this preparation packet.

5. Use and Operations Schedule

6. Improvements, Maintenance, and Restoration

Plans, permits, contractor insurance, utility clearances, and inspection records
required for work are listed in Exhibit G.

7. Priority, Transfer, and Future Development

Priority

Existing matters senior to the easement: [________________________________]

Subordination / non-disturbance instruments: [________________________________]

Transfer

• Appurtenant route: identify how the easement benefits and transfers with the
  dominant estate without creating a separate personal assignment right.

• In-gross route: state whether transfer, delegation, licensing, or change of
  control is permitted and any required consent.

Completed transfer clause:
[____________________________________________________________]

Future development

Address subdivision, lot combination, change in use, increased intensity,
redevelopment, condemnation, utility relocation, and conflict with future
improvements:

[____________________________________________________________]

8. Duration, Modification, and Title-Clearing Events

Do not use blank-period nonuse, a private default notice, bankruptcy, or a
unilateral recorded affidavit as an automatic title eraser.

Select only a reviewed route:

• ☐ fixed expiration stated in this instrument;
• ☐ recorded release signed by the easement holder and any other required party;
• ☐ recorded agreement signed by all owners and holders whose interests are affected;
• ☐ recorded court order or judgment;

• ☐ merger, condemnation, abandonment, impossibility, or another doctrine only
  after Arizona counsel confirms the facts, law, parties, and record-clearing instrument;

• ☐ other reviewed route: [________________________________].

Any amendment affecting real property must be executed, acknowledged, and
recorded as current law and county practice require and must identify the prior
recorded instrument as required by § 11-480(D).

9. Risk and Remedy Schedule

No indemnity, damages exclusion, liability cap, fee shifting, bond waiver,
specific-performance entitlement, arbitration clause, or jury waiver is selected
by default.

Remedy language must not allow one party to erase the recorded easement merely
by alleging an uncured contract breach.

10. Notices and Administration

Record retention and as-built repository: [________________________________]

Change-control process: [________________________________]

11. Execution and Acknowledgment

Section 33-401 requires the grantor to sign the real-property conveyance and
requires acknowledgment before an authorized officer. Use the current
individual, representative-capacity, trust, or entity acknowledgment appropriate
to each signer. Do not treat an emailed signature page as a recording-ready
original without confirming current law and recorder acceptance.

Grantor

[GRANTOR LEGAL NAME]

By: ____________________________________

Printed name: [________________________________]

Capacity: [________________________________]

Date: [__/__/____]

Grantee / accepting party

[GRANTEE LEGAL NAME]

By: ____________________________________

Printed name: [________________________________]

Capacity: [________________________________]

Date: [__/__/____]

Acknowledgment control

Insert the current acknowledgment certificate approved for each signer and
transaction. Do not use a generic certificate without capacity review.

12. Exhibits

• Exhibit A: Servient-estate legal description
• Exhibit B: Dominant-estate legal description, if appurtenant
• Exhibit C: Easement-area legal description
• Exhibit D: Survey or drawing
• Exhibit E: Title exceptions, prior rights, and consents
• Exhibit F: Consideration and payment terms
• Exhibit G: Plans, permits, utility clearances, and work requirements
• Exhibit H: Maintenance, insurance, risk, and remedy selections

13. Pre-Recording Closing Checklist

• ☐ Final instrument is written, delivered, and signed by the grantor.
• ☐ Every grantor signature is duly acknowledged in the correct capacity.
• ☐ Grantee information required by § 33-401(C) is complete.
• ☐ Legal descriptions match the title commitment, survey, and vesting deeds.

• ☐ All required owners, spouses, trustees, entities, lenders, landlords,
  associations, and other interest holders signed or consented.

• ☐ The easement's character, purpose, scope, users, geometry, duration,
  maintenance, transfer, priority, and termination routes are internally consistent.

• ☐ County-recorder format, cover, fee, margin, original-signature, and return
  requirements are satisfied.

• ☐ Any modification correctly identifies the prior recording information.

• ☐ Recording order and post-recording distribution are written in escrow or
  closing instructions.

• ☐ File-stamped or certified copies will be delivered to all required parties.

Official Sources

• A.R.S. § 33-401
• A.R.S. § 33-411
• A.R.S. § 11-480