eqt productions nuisance easement

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NOISE AND NUISANCE EASEMENT This NOISE AND NUISANCE EASEMENT (“Easement”) dated __________________ by and between EQT Production Company, a Pennsylvania Corporation, with an office at 455 Racetrack Road Suite 101, Washington, PA 15301 (“Grantee”) and ________________________, with an address of _____________________________________ (“Grantors”). Grantors’ property is described in that certain deed recorded in the Office of the Recorder of Washington County, Pennsylvania, in Deed Book ____, at Page ____, and containing _____acres more or less, with Tax Parcel ID _______________________ (“Grantors’ Property”). “EQT” means EQT Production Company and its parent, affiliates, contractors, subcontractors, working interest owners, joint venturers, officers, directors, employees, agents, attorneys, representatives, insurers, reinsurers, assigns, and successorsininterest. 1. EQT is conducting Operations on the surface of real property described in that certain deed recorded in the Office of the Recorder of Washington County, Pennsylvania, in Deed Book 2367, at Page 84, and containing 22.3 acres more or less, in association with EQT Pad BRI5, Well #592307, 592308, 592309, 592310, 592311, 592312, 592313, 592314, 592315, 592316, 592317 (whether singular or plural, the “Wells”) which is near Grantors’ Property. “Operations” includes (a) any and all work related to drilling, completing, and turning in line the Wells; (b) the withdrawal or hauling of water or fluids in connection with the drilling, completing, or turning in line of the Wells; (c) any work whatsoever related to the construction of the following, which are related or appurtenant to said Wells: well pads, pipelines, power lines, roads, water lines, telephone and telecommunication lines, tanks, water wells, disposal wells, ponds, pits, power stations, structures, facilities, improvements, compression equipment, meters, houses and buildings; and (d) the production of the wells following completion. 2. Grantors have alleged that Grantee’s Operations have and will create a nuisance which has and will interfere with Grantors’ use and enjoyment of Grantors’ Property in the past, present or future. 3. That for a valuable consideration, the receipt of which is hereby acknowledged, Grantors hereby CONVEY, to Grantee a permanent, nonexclusive easement and right of way over and above Grantors’ Property for the noise, dust, light, smoke, odors, fumes, soot or other air pollution, vibrations, adverse impacts or other conditions or nuisances which may emanate from or be caused by Grantee’s Operations. 4. Grantor covenants that the Grantors are lawfully seized of this Easement; that the Grantors have full right and power to convey the same; that said Easement is free of all encumbrances, except for easements, conditions and restrictions of record and zoning laws affecting Grantors’ Property, if any , and except for liens and taxes due and payable at the time of the execution of this Easement and all years after, which taxes Grantors agree to pay and that Grantors will WARRANT GENERALLY the title thereto.

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Page 1: EQT Productions Nuisance Easement

NOISE AND NUISANCE EASEMENT

This NOISE AND NUISANCE EASEMENT (“Easement”) dated __________________ by and between EQT Production Company, a Pennsylvania Corporation, with an office at 455 Racetrack Road Suite 101, Washington, PA 15301 (“Grantee”) and ________________________, with an address of _____________________________________ (“Grantors”). Grantors’ property is described in that certain deed recorded in the Office of the Recorder of Washington County, Pennsylvania, in Deed Book ____, at Page ____, and containing _____acres more or less, with Tax Parcel ID _______________________ (“Grantors’ Property”). “EQT” means EQT Production Company and its parent, affiliates, contractors, subcontractors, working interest owners, joint venturers, officers, directors, employees, agents, attorneys, representatives, insurers, reinsurers, assigns, and successors­in­interest.

1. EQT is conducting Operations on the surface of real property described in that certain deed recorded in the Office of the Recorder of Washington County, Pennsylvania, in Deed Book 2367, at Page 84, and containing 22.3 acres more or less, in association with EQT Pad BRI5, Well #592307, 592308, 592309, 592310, 592311, 592312, 592313, 592314, 592315, 592316, 592317 (whether singular or plural, the “Wells”) which is near Grantors’ Property. “Operations” includes (a) any and all work related to drilling, completing, and turning in line the Wells; (b) the withdrawal or hauling of water or fluids in connection with the drilling, completing, or turning in line of the Wells; (c) any work whatsoever related to the construction of the following, which are related or appurtenant to said Wells: well pads, pipelines, power lines, roads, water lines, telephone and telecommunication lines, tanks, water wells, disposal wells, ponds, pits, power stations, structures, facilities, improvements, compression equipment, meters, houses and buildings; and (d) the production of the wells following completion.

2. Grantors have alleged that Grantee’s Operations have and will create a nuisance which has and will interfere with Grantors’ use and enjoyment of Grantors’ Property in the past, present or future.

3. That for a valuable consideration, the receipt of which is hereby acknowledged, Grantors hereby CONVEY, to Grantee a permanent, non­exclusive easement and right of way over and above Grantors’ Property for the noise, dust, light, smoke, odors, fumes, soot or other air pollution, vibrations, adverse impacts or other conditions or nuisances which may emanate from or be caused by Grantee’s Operations.

4. Grantor covenants that the Grantors are lawfully seized of this Easement; that the Grantors have full right and power to convey the same; that said Easement is free of all encumbrances, except for easements, conditions and restrictions of record and zoning laws affecting Grantors’ Property, if any , and except for liens and taxes due and payable at the time of the execution of this Easement and all years after, which taxes Grantors agree to pay and that Grantors will WARRANT GENERALLY the title thereto.

Page 2: EQT Productions Nuisance Easement

5. This Easement shall run with the land of Grantors’ Property and shall be binding upon Grantors’ heirs and assigns and shall inure to the Grantee, its successors and assigns forever.

6. The full consideration of the easement conveyed herein is $40,000.00. This transaction is exempt from payment of real estate transfer taxes because it concerns and easement.

IN WITNESS WHEREOF, this Agreement has been executed on the day and year first stated above.

_Grantor

COMMONWEALTH OF PENNSYLVANIA;COUNTY OF ______________________:

I, __________________, a Notary Public in and for said County and Commonwealth, certify that _____________________ personally known to me to be the same person who signed above, appeared before me today in said Commonwealth and County, and acknowledged and delivered the instrument to be their free act and deed. Given under my hand this ________ day of ___________, 20____. My commission expires ___________________

[SEAL] ______________________________Notary Public

_Grantor

COMMONWEALTH OF PENNSYLVANIA;COUNTY OF ______________________:

I, __________________, a Notary Public in and for said County and Commonwealth, certify that _____________________ personally known to me to be the same person who signed above, appeared before me today in said Commonwealth and County, and acknowledged and delivered the instrument to be their free act and deed. Given under my hand this ________ day of ___________, 20____. My commission expires ___________________

[SEAL] ______________________________Notary Public