Posted: March 16th, 2022

Maryland limited liability company

Maryland limited liability company
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ACCESS EASEMENT AND RESTRICTION AGREEMENT
THIS ACCESS EASEMENT AND RESTRICTION AGREEMENT (“Agreement”) is made and entered
into as of the date indicated on the last page by and between Darcy, LLC, a Maryland limited liability company
(hereinafter referred to as the “Grantor”), and Elihu Root, et al. (hereinafter referred to as “Grantee” ). The terms
“Grantor” and “Grantee”, as used herein, shall include their respective assigns, grantees, employees, agents, officers,
contractors, invitees, and successors.
RECITALS
A. Grantor is the owner of that real property located in the County of Calvert, State of Maryland, and
which is more particularly described on Exhibit A attached hereto and incorporated herein (“Servient Parcel”).
B. Grantor is willing to grant Grantee a nonexclusive access easement over and across the Servient
Parcel for use by Grantee in connection with Grantee’s operation and maintenance of a communications facility,
located on a parcel adjoining the Servient Parcel (“Dominant Parcel”), pursuant to that certain Communications Site
Lease Agreement, dated September 16, 2005 by and between Grantee, as landlord thereunder, and Next Mozon
Wireless Communications, Inc., as tenant thereunder – such easement to be located upon the Servient Parcel as
described in Exhibit B attached hereto and incorporated herein by reference (hereinafter referred to as “Easement
Area”).
NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Grantor has this date bargained, conveyed, delivered, transferred, and sold, and by these presents,
does bargain, convey, deliver, transfer and sell unto the Grantee a non-exclusive easement in the Easement Area for
ingress, egress and access twenty-four (24) hours a day, seven (7) days a week to and from the Dominant Parcel.
2. Grantor acknowledges that a copy of this Agreement will be recorded by Grantee in the official
records of the County where the Servient Parcel is located.
3. This Agreement shall be terminable at Grantee’s discretion upon delivery to Grantor of a Notice of
Termination of Easement, in recordable form. Upon obtaining an order terminating Grantee’s rights herein, Grantor
may at such time record a Notice of Easement Termination, whereupon all rights and obligations created hereunder
shall terminate.
4. Grantor shall not use or occupy the Easement Area in any manner which interferes with Grantee’s
full enjoyment of the rights hereby granted.
5. Grantee has the right (but not the obligation) to maintain the Easement Area; trim or remove trees,
shrubbery, and other vegetation; and remove snow, trash, and obstructions thereon.
6. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing
party will be entitled to reasonable attorney, accountant and other professional fees, costs and expenses in addition to
any other relief to which such prevailing party may be entitled.
7. The benefits and obligations of this Agreement shall be a covenant running with the land and shall
inure to and be binding upon the successors, assigns and heirs of the parties.
8. Any notice or demand required to be given herein shall be made by certified or registered mail,
return receipt requested, or reliable overnight courier to the address of the respective parties set forth below.

Grantor: Darcy, LLC
8765 Rousby Hall Road
Lusby, Maryland Grantee: Elihu Root
1234 Wisconsin Avenue, NW
Washington DC 20007
AssignmentTutorOnline

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Grantor or Grantee may from time to time designate any other address for this purpose by written notice to the other
party.
9. If any provision of this Agreement is invalid or unenforceable with respect to any party, the
remainder of this Agreement or the application of such provision to persons other than those as to whom it is held
invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to
the fullest extent permitted by law.
10. This Agreement shall be governed by the laws of the State of Maryland.
11. Within fifteen (15) business days of the date of full execution of this Agreement, Grantee shall make
a one-time payment of Four Thousand and 00/100 Dollars ($4,000.00) to Grantor as full and final consideration in
exchange for the granting of such Easement to Grantee by Grantor. In the event Grantor has not received any payment
due hereunder after the date upon which such amounts are due, Grantor shall notify Grantee, in writing, at the address
set forth herein, of such default, whereupon Grantee shall have, from the date of receipt of such written notice, fifteen
(15) days in which to make such payment. In the event such payment is not made within such fifteen (15) day period,
Grantor may avail itself of any remedies allowed by law or equity to obtain an order to terminate the rights of Grantee
hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

GRANTOR: GRANTEE:
By: By:
Name: Name:
Title: Title:
Date: Date:
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CERTIFICATE OF ACKNOWLEDGMENT
State of )
) ss:
County of )
On the _______ day of ____________ in the year ______ before me,
________________________________, the undersigned, personally appeared
______________________________________, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument,
and that such individual made such appearance before the undersigned in the __________________. (Insert the city
or other political subdivision and state or country or other place the acknowledgment was taken).
Signature and Office of individual
taking acknowledgment
CERTIFICATE OF ACKNOWLEDGMENT
State of )
) ss:
County of )
On the _______ day of ____________ in the year ______ before me,
________________________________, the undersigned, personally appeared
______________________________________, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument,
and that such individual made such appearance before the undersigned in the __________________. (Insert the city
or other political subdivision and state or country or other place the acknowledgment was taken).
Signature and Office of individual
taking acknowledgment
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EXHIBIT A
DESCRIPTION OF SERVIENT PARCEL
The Servient Parcel is described and/or depicted as follows:
Tax Account Number 01-4578-A3789-QRP
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EXHIBIT B
DESCRIPTION OF EASEMENT AREA

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