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Non Exclusive Easement For Roadway
"I need a Non-Exclusive Easement For Roadway agreement for a commercial property in Ontario, where three neighboring warehouse facilities will share access to a private road, with construction to begin in March 2025 and including provisions for heavy vehicle access and snow removal responsibilities."
1. Parties: Identifies and provides full legal names and addresses of the grantor (property owner) and grantee (party receiving easement rights)
2. Background: Describes the context of the agreement, including property ownership and purpose of the easement
3. Definitions: Defines key terms used throughout the agreement including 'Easement Area', 'Permitted Use', and other relevant terms
4. Grant of Easement: Formal declaration of the easement grant and its non-exclusive nature
5. Description of Easement Area: References the legal description and survey of the easement area
6. Permitted Use: Specifies allowed uses of the easement area for roadway purposes
7. Term and Duration: Specifies whether the easement is permanent or temporary, and any relevant time limitations
8. Maintenance and Repairs: Outlines responsibilities for maintaining the roadway and easement area
9. Cost Sharing: Establishes how costs related to the roadway will be shared between parties
10. Insurance and Liability: Details insurance requirements and allocation of liability
11. Default and Remedies: Specifies what constitutes default and available remedies
12. Registration: Addresses the registration of the easement on title
13. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Environmental Matters: Include when the roadway affects environmentally sensitive areas or requires specific environmental compliance
2. Construction Requirements: Include when new roadway construction or significant modifications are planned
3. Third Party Access: Include when other parties may need access rights to the roadway
4. Seasonal Use Provisions: Include when the roadway has specific seasonal usage requirements or restrictions
5. Emergency Access: Include when the roadway serves as emergency access or fire route
6. Weight Restrictions: Include when specific vehicle weight limits need to be imposed
7. Utilities: Include when utilities are or may be installed within the easement area
8. Development Rights: Include when future development may affect the easement area
1. Schedule A - Legal Description: Detailed legal description of the property and easement area
2. Schedule B - Survey Plan: Survey or reference plan showing the easement area
3. Schedule C - Maintenance Standards: Detailed specifications for road maintenance and repair standards
4. Schedule D - Cost Sharing Formula: Detailed breakdown of how shared costs are to be calculated and allocated
5. Schedule E - Insurance Requirements: Detailed insurance specifications and requirements
6. Appendix 1 - Municipal Approvals: Copies of relevant municipal permits or approvals
7. Appendix 2 - Construction Specifications: Technical specifications for road construction or modifications if applicable
Authors
Applicable Laws
Approvals
Commencement Date
Common Expenses
Easement Area
Easement Rights
Emergency
Environmental Laws
Force Majeure
Governmental Authority
Grantor's Lands
Grantee's Lands
Hazardous Substances
Improvements
Insurance Requirements
Maintenance Standards
Other Users
Permitted Use
Permitted Vehicles
Reference Plan
Roadway
Servient Lands
Shared Costs
Survey Plan
Term
Utilities
Weight Restrictions
Working Days
Property Rights
Access Rights
Term and Duration
Permitted Use
Construction
Maintenance and Repair
Cost Sharing
Insurance
Indemnification
Environmental Protection
Utilities
Compliance with Laws
Default and Remedies
Registration
Assignment
Modification
Termination
Dispute Resolution
Force Majeure
Notices
Severability
Governing Law
Entire Agreement
Further Assurances
Covenants Running with Land
Shared Use
Emergency Access
Representations and Warranties
Real Estate
Agriculture
Commercial Property
Industrial & Manufacturing
Residential Development
Infrastructure & Construction
Mining & Resources
Forestry
Energy & Utilities
Transportation & Logistics
Legal
Real Estate
Property Management
Operations
Facilities
Development
Construction
Environmental Compliance
Land Administration
Project Management
Property Manager
Real Estate Developer
Land Surveyor
Real Estate Lawyer
Property Administrator
Facilities Manager
Construction Manager
Development Director
Legal Counsel
Operations Manager
Site Manager
Project Manager
Land Use Planner
Environmental Compliance Officer
Rights of Way Manager
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