Prepare the MOA in the usual manner and include the following clause:

“It is expressly understood that this agreement is subject to the herein described property being released to you by the VLB by Fractional Deed and/or the approval of your easement to the state signified by the Chairman of the VLB's signature on the easement instrument.”

The MOA should show that the state warrant will be made payable jointly to the grantor and title company. See example of form .