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Easement Form

I have many clients often asking for an easement form they can use.

Here is a blank one that I have that works well.

EASEMENT

Between

XXXXXX

And

XXXXXX

After recording, return to:

XXXXXX

THIS AGREEMENT made and entered into on ______________________________, 200_ by and between XXXXXXXX, hereinafter called the first party, and XXXXXXXX, hereinafter called the second party, WITNESSETH:

WHEREAS: The first party is the record owner of the following described real property in Multnomah County, State of Oregon, to-wit:

GRANTOR PROPERTY DESCRIPTION

and has the unrestricted right to grant the easement hereinafter described relative to the real estate; and the second party is the record owner of the following described real property in that county and state, to-wit:

GRANTEE PROPERTY DESCRIPTION

NOW, THEREFORE, in view of the premises and in consideration of $_________________

by the second party to the first party paid, the receipt of which is acknowledged by the first party, it is agreed:

The first party hereby grants, assigns and sets over to the second party a private ingress, egress and driveway easement over the following described portion of first party's property, to-wit:

INSERT EASEMENT AREA DESCRIPTION

The second party shall have all rights of ingress and egress to and from the real estate (including the right from time to time, except as hereinafter provided, to cut, trim and remove trees, brush, overhanging branches and other obstructions) necessary for the second party's use, enjoyment, operation and maintenance of the easement hereby granted and all rights and privileges incident thereto.

Except as to the rights herein granted, the first party shall have the full use and control of the above described real estate.

The second party agrees to save and hold the first party harmless from any and all claims of third parties arising from the second party's use of the rights herein granted.

The period of this easement shall be in perpetuity, always subject, however, to the following specific conditions, restrictions and considerations:

NONE

During the existence of this easement, maintenance of the easement and costs of repair of the easement, if damaged by natural disasters or other events for which all holders of an interest in the easement are blameless, shall be the responsibility of the second party.

During the existence of this easement, holders of an interest in the easement who are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense.

This agreement shall bind and inure to the benefit of, as the circumstances may require, not only the parties hereto but also their respective heirs, executors, administrators, assigns, and successors in interest.

In construing this agreement, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this agreement shall apply equally to individuals and to corporations.

IN WITNESS WHEREOF, the parties have hereunto set their hands in duplicate on the day and year first written above.

FIRST PARTY

____________________________________ ______________________________________

XXXXXX XXXXXX

SECOND PARTY

____________________________________ ____________________________________

XXXXXXX XXXXXXX

STATE OF OREGON )

County of _____________________)

This instrument was acknowledged before me on ________________________________, 2007 by XXXXXXXXXXXXXXXXXX.

________________________________________

Notary Public for Oregon