EASEMENT AGREEMENT

(State of Illinois)

[// GUIDANCE: This template is drafted for easements governed by Illinois law and is structured for recording in any Illinois county recorder’s office pursuant to 765 ILCS 5/28. Customize bracketed items, confirm legal descriptions, and attach required exhibits before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Grant of Easement
   3.2 Easement Purpose & Scope
   3.3 Consideration
   3.4 Conditions Precedent
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
   7.1 Indemnification
   7.2 Limitation of Liability
   7.3 Insurance
   7.4 Force Majeure
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits

1. DOCUMENT HEADER

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

1.2 Recitals.
A. Grantor owns certain real property situated in [COUNTY] County, Illinois, legally described on Exhibit A (the “Servient Parcel”).
B. Grantee owns certain real property situated in [COUNTY] County, Illinois, legally described on Exhibit B (the “Dominant Parcel”).
C. Grantee desires, and Grantor is willing, to grant a [e.g., non-exclusive, perpetual access/utility/drainage] easement affecting a portion of the Servient Parcel, all on the terms set forth herein.

1.3 Consideration & Jurisdiction.
The mutual covenants herein constitute good and valuable consideration. This Agreement shall be governed by and construed in accordance with the real-estate laws of the State of Illinois.

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Terms defined in one Section shall have like meaning elsewhere unless expressly stated otherwise.

“Applicable Law” – All federal, state, county, and local statutes, ordinances, rules, regulations, and common-law doctrines applicable to the Easement Area, including without limitation the Illinois Conveyances Act, 765 ILCS 5/1 et seq.

“Easement Area” – The portion of the Servient Parcel burdened by the Easement, depicted on Exhibit C and legally described on Exhibit D.

“Effective Date” – As provided in Section 1.1.

“Force Majeure Event” – Any cause beyond the reasonable control of a Party, as further defined in Section 7.4.

“Improvement” – Any structure, facility, or installation placed in the Easement Area by Grantee pursuant to this Agreement.

“Person” – Any natural person, corporation, partnership, limited liability company, trust, governmental authority, or other legal entity.

“Specific Performance” – A judicial remedy compelling a Party to perform its obligations hereunder, expressly preserved in Section 8.5.

[// GUIDANCE: Add, delete, or refine definitions to match the transaction.]

3. OPERATIVE PROVISIONS

3.1 Grant of Easement

(a) Grant. Subject to the terms and conditions of this Agreement, Grantor hereby grants, bargains, sells, and conveys to Grantee a [exclusive / non-exclusive] easement (“Easement”) over, under, upon, across, and through the Easement Area for the Easement Purpose stated in Section 3.2.

(b) Running with Land. The Easement shall run with and burden the Servient Parcel and shall inure to the benefit of the Dominant Parcel and the successors and assigns of Grantee.

(c) Recording. Within [X] business days after the Effective Date, the Parties shall cause this Agreement (or a memorandum thereof) to be recorded in the Office of the Recorder of [COUNTY] County, Illinois, in compliance with 765 ILCS 5/28.

3.2 Easement Purpose & Scope

(a) Purpose. The Easement is granted solely for [e.g., ingress, egress, installation, operation, maintenance, and replacement of utility lines] in favor of the Dominant Parcel.

(b) Ancillary Rights. Grantee may:
(i) construct, maintain, repair, replace, and remove Improvements;
(ii) trim or remove vegetation reasonably interfering with the Easement Purpose; and
(iii) access the Easement Area at all reasonable times with personnel, vehicles, and equipment.

(c) Limitations. Grantee shall not unreasonably interfere with Grantor’s use of the Servient Parcel, and shall restore any disturbed surface to substantially the same condition as existed immediately prior to entry, ordinary wear and tear excepted.

3.3 Consideration

As consideration for the Easement, Grantee shall pay Grantor the sum of $[AMOUNT] (“Easement Fee”) within [X] days after the Effective Date. Failure to timely pay the Easement Fee constitutes an Event of Default under Section 6.1.

3.4 Conditions Precedent

The effectiveness of the Easement is conditioned upon:
(a) Payment of the Easement Fee (Section 3.3);
(b) Delivery of satisfactory title evidence reflecting the Easement;
(c) [RESERVED – additional conditions];
Failure of any condition precedent not waived in writing by the benefited Party on or before [DATE] renders this Agreement null and void.

4. REPRESENTATIONS & WARRANTIES

4.1 By Grantor. Grantor represents and warrants that, as of the Effective Date:
(a) Title. Grantor holds fee simple title to the Servient Parcel free and clear of all liens and encumbrances except those of record.
(b) Authority. Grantor has full power and authority to execute and deliver this Agreement.
(c) No Conflicts. Execution and performance of this Agreement will not violate any agreement binding upon Grantor.

4.2 By Grantee. Grantee represents and warrants that:
(a) Authority. Grantee has full power and authority to execute and perform under this Agreement.
(b) Compliance. Grantee shall comply with Applicable Law in exercising rights hereunder.

4.3 Survival. The representations and warranties in this Section 4 shall survive the recordation hereof and any termination of the Easement for a period of [X] years.

5. COVENANTS & RESTRICTIONS

5.1 Grantor’s Covenants.
(a) Non-Interference. Grantor shall not erect or permit any structure within the Easement Area that materially interferes with the Easement Purpose.
(b) Notice. Grantor shall provide Grantee [30] days’ prior written notice before undertaking any activity within the Easement Area that may affect the Improvements.

5.2 Grantee’s Covenants.
(a) Maintenance. Grantee shall maintain the Easement Area and Improvements in a safe, neat, and workmanlike condition.
(b) Environmental Compliance. Grantee shall not use hazardous materials in the Easement Area except in compliance with Applicable Law, and shall promptly remediate any release caused by Grantee.
(c) Restoration. Upon completion of any work, Grantee shall restore disturbed surfaces as required by Section 3.2(c).

5.3 Monitoring & Inspection. Either Party may, upon reasonable notice, inspect the Easement Area to verify compliance with this Agreement.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if it:
(a) fails to perform any material covenant, obligation, or condition and such failure continues for [30] days after written notice (or, if incapable of cure within 30 days, fails to commence and diligently pursue cure);
(b) materially breaches any representation or warranty; or
(c) becomes insolvent, makes a general assignment for benefit of creditors, or files for bankruptcy protection.

6.2 Remedies. Upon an Event of Default, the non-defaulting Party may:
(a) seek Specific Performance;
(b) obtain injunctive relief;
(c) recover actual damages subject to Section 7.2; and
(d) recover its reasonable attorneys’ fees and costs.

6.3 Cumulative Remedies. All remedies are cumulative and not exclusive, except liability shall be limited as provided in Section 7.2.

7. RISK ALLOCATION

7.1 Indemnification

(a) By Grantee. Grantee shall indemnify, defend, and hold harmless Grantor and its Affiliates from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Grantee’s exercise of the Easement, except to the extent caused by the negligence or willful misconduct of Grantor.

(b) By Grantor. Grantor shall indemnify, defend, and hold harmless Grantee and its Affiliates from and against any third-party claims arising from Grantor’s breach of this Agreement or negligent acts within the Easement Area.

[// GUIDANCE: Insert reciprocal or one-way indemnity depending on negotiation.]

7.2 Limitation of Liability

Except for a Party’s indemnification obligations under Section 7.1 or liability arising from willful misconduct or gross negligence, each Party’s aggregate liability under this Agreement shall be limited to actual, direct damages; in no event shall either Party be liable for incidental, consequential, punitive, or exemplary damages.

7.3 Insurance

Grantee shall maintain, at its sole cost, during the Term:
(a) Commercial General Liability Insurance with limits of not less than $[1,000,000] per occurrence and $[2,000,000] aggregate, naming Grantor as an additional insured;
(b) Workers’ Compensation Insurance as required by Illinois law; and
(c) [Other coverage].
Certificates evidencing coverage shall be delivered to Grantor annually.

7.4 Force Majeure

No Party shall be liable for failure to perform obligations (other than payment of money) due to strikes, acts of God, war, governmental action, Pandemic, or other Force Majeure Event. The affected Party shall give prompt written notice and diligently resume performance.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by the laws of the State of Illinois, without giving effect to its conflicts-of-law rules.

8.2 Forum Selection. The courts of [COUNTY] County, Illinois (state court) shall have exclusive jurisdiction over any suit, action, or proceeding arising out of or related to this Agreement, subject to Section 8.3.

8.3 Arbitration (Optional). [If elected by the Parties in writing, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration panel shall consist of one neutral arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.]

8.4 Jury Trial Waiver (Optional). [EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT.]

8.5 Specific Performance & Injunctive Relief. The Parties acknowledge that monetary damages would be inadequate and agree that Specific Performance and other equitable relief shall be available without the necessity of posting bond.

9. GENERAL PROVISIONS

9.1 Term; Termination.
(a) Term. The Easement shall be [perpetual / terminate on DATE / terminate upon abandonment].
(b) Early Termination. The Easement may be terminated (i) by mutual written release recorded in the Recorder’s Office; (ii) by merger of title; (iii) upon non-use and abandonment for [X] consecutive years, confirmed by recorded affidavit; or (iv) as otherwise provided by law.
(c) Record Notice. Any termination instrument shall reference this Agreement’s recording data and be duly acknowledged.

9.2 Amendment; Waiver. This Agreement may be amended only by a written instrument executed by the Parties and recorded in the same recorder’s office as this Agreement. No waiver shall be effective unless in writing.

9.3 Assignment; Delegation. Grantee may assign its rights to a successor owner of the Dominant Parcel upon written notice to Grantor. Any other assignment requires Grantor’s prior written consent, not unreasonably withheld.

9.4 Successors & Assigns. This Agreement shall bind and benefit the Parties and their respective successors and permitted assigns.

9.5 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary.

9.6 Entire Agreement. This Agreement, including the Exhibits, constitutes the entire agreement between the Parties and supersedes all prior discussions.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is an original, and all of which together constitute one instrument. Electronic signatures shall be deemed originals under Illinois’ Uniform Electronic Transactions Act.

10. EXECUTION BLOCK

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

GRANTOR:
[GRANTOR LEGAL NAME]
By: ____
Name: ____
Title: _____
Date: _________

GRANTEE:
[GRANTEE LEGAL NAME]
By: ____
Name: ____
Title: _____
Date: _________

STATE OF ILLINOIS )
) SS.
COUNTY OF ___ )

On this _ day of _, 20, before me, the undersigned Notary Public, personally appeared _______, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same.

Notary Public
My Commission Expires: ______

[// GUIDANCE: Illinois does not require witnesses for deeds/easements, but check any lender or local recording custom.]

11. EXHIBITS

Exhibit A – Legal Description of Servient Parcel
Exhibit B – Legal Description of Dominant Parcel
Exhibit C – Survey/Map Depicting Easement Area
Exhibit D – Legal Description of Easement Area
Exhibit E – Insurance Certificate Form

[// GUIDANCE: Confirm all statutory references (e.g., 765 ILCS 5/28) before filing. Include metes-and-bounds legal descriptions on Exhibits A, B, and D, and a professional survey or plat on Exhibit C to satisfy Illinois recording standards. For utility easements, coordinate with the applicable utility provider for additional specifications.]