SAMPLE EASEMENT AGREEMENT
Filed for Record at Request of:
DOCUMENT TITLE:
PERPETUAL EASEMENT AGREEMENT
REFERENCE NUMBER OF RELATED DOCUMENT:
GRANTOR:
GRANTEE:
CITY OF LYNDEN, a municipal corporation
ABBREVIATED LEGAL DESCRIPTION:
Full legal description at page ____ hereto
ASSESSOR'S TAX PARCEL NUMBER:
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EASEMENT AGREEMENT
PERPETUAL AND EXCLUSIVE PUBLIC EASEMENT AGREEMENT
FOR CITY UTILITY PURPOSES
THIS EASEMENT AGREEMENT FOR CITY UTILITY PURPOSES (“Agreement”) is
made and entered into this _________ day of _______________________ 20_____, by and
between __________________________________ (hereinafter referred to as “GRANTOR”) and
the CITY OF LYNDEN, a municipal corporation (hereinafter “GRANTEE” or “CITY”). Grantor
and Grantee may be referred to herein individually as “Party” or collectively as “Parties.”
RECITALS
WHEREAS, Grantee is a municipal corporation that operates a municipal
______________________________ system for the benefit of the residents of the City, including
Grantor (hereinafter referred to as the “CITY UTILITY SYSTEM”); and
WHEREAS, Grantor is the sole owner of real property within the City of Lynden legally described
on Exhibit “A” (hereinafter referred to as the “BURDENED PROPERTY”) and depicted on
Exhibit “B”, both of which are attached hereto and fully incorporated herein by this reference; and
WHEREAS, Grantor desires to grant to Grantee, and Grantee desires to acquire from Grantor, a
perpetual non-exclusive easement over, under and across the Burdened Property for the benefit of
the CITY UTILITY SYSTEM, to be used for all CITY UTILITY SYSTEM purposes; and,
WHEREAS, these recitals are a material part of this Agreement,
NOW, THEREFORE, in consideration of the promises and conditions herein, the Parties hereby
covenant and agree as follows:
1. Grant of Easement.
The GRANTOR, for good and valuable consideration, the receipt of which is hereby
acknowledged, grants and conveys to the GRANTEE, a perpetual and non-exclusive public
easement for the benefit of the CITY UTILITY SYSTEM (hereinafter “EASEMENT”), over the
following described real property:
Legal description of Easement attached hereto as Exhibit “A” and depiction of Easement
on Exhibit “B”, both fully incorporated by reference.
2. Purpose.
To provide the Grantee with a perpetual and unlimited right to access and use the Easement
for all CITY UTILITY SYSTEM purposes.
3. Costs.
The Grantor shall pay any recording fees related to this Agreement. Each Party shall be
solely responsible for their own attorney’s fees related to the preparation of this Agreement.
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EASEMENT AGREEMENT
4. City’s Rights Under Easement.
The City shall have the right at any time to enter the Easement and adjoining property owned
by the Grantor and its assigns or successors for the purposes of installing, constructing, operating,
maintaining, improving, removing, repairing, replacing and using any and all utility equipment,
facilities, or infrastructure and all connections and appurtenances thereto. No advance notice to
Grantor shall be required.
Grantor expressly grants to the City and its agents the right to use additional areas on the
Burdened Properties immediately adjacent to the Easement without notice as necessary for
performing work on any and all utility equipment, facilities, or infrastructure and its
appurtenances, provided that such additional area is held to a minimum and restored pursuant to
Paragraph 5.
5. Restoration of Easement.
If the City disturbs the Easement or other portions of the Burdened Property during the course
of its work, the City shall restore the surface of the property or Easement as nearly as reasonably
feasible to the condition in which it existed at the commencement of said work at its sole expense
and within a reasonable time. In the event grass is disturbed, the City’s obligation to restore the
Easement shall be limited to re-seeding disturbed grass. In the event vegetation such as shrubs or
trees are disturbed, the City’s restoration obligation shall be deemed satisfied if it replaces the
disturbed shrubs or trees with smaller or younger plants. The City is not required to replace
disturbed grass, shrubs, trees or other vegetation with the same species or variety as what was
disturbed, but will make reasonable efforts to do so.
Notwithstanding the foregoing, the City reserves the right to remove without replacing any
structures, objects, trees, or other vegetation which in the City’s sole judgment and discretion may
interfere with its rights under this Agreement without notice to Grantor.
6. Grantor’s Obligations.
A. Grantor may not construct, install, or maintain permanent structures or structures that
cannot be easily removed within the Easement after the execution of this Agreement. Grantor also
may not construct, install, or maintain any structure outside the Easement but interfering with the
City’s rights under this Agreement.
B. Grantor may not dig, tunnel, perform any construction activity, or allow any condition
to occur that might disturb or damage any utility infrastructure in the Easement owned or
maintained by the City or its assignees.
C. Grantor may not allow the growth of vegetation within the Easement, except for small
plants such as grass or other groundcovers that do not prevent the City or its assigns from
exercising its rights under this Agreement and do not have the potential to damage utility
infrastructure inside the Easement.
D. Grantor shall remove any encroachments on the Easement or interfering with the City’s
use of the Easement at Grantor’s own expense. Any structures or other objects within the Easement
or interfering with the City’s ability to use the Easement may be removed without notice to
Grantor.
E. Grantor erects all structures and allows the growth of all vegetation on or in such a way
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EASEMENT AGREEMENT
as to interfere with the Easement at Grantor’s risk.
7. Rights Reserved by Grantor.
All right, title and interest which may be used and enjoyed without interfering with the
easement rights conveyed are reserved to the Grantors.
8. Scope of Easement/Obligations Run with the Land.
The Easement shall be perpetual in duration, shall constitute covenants running with the
land, and shall be binding on the undersigned and all successors, assignees, devisees, or transferees
of the Parties and shall in all respects attach to the individual properties legally described in this
Agreement.
9. Severability.
Should any provision of this Agreement be found to be void or otherwise unenforceable, all
other provisions shall remain enforceable and binding.
10. Governing Law and Venue.
This Agreement shall be construed under the laws of the State of Washington. The venue
of any legal action brought under the terms of this Agreement shall be in the Superior Court for
Whatcom County, State of Washington.
11. Expenses and Attorney’s Fees.
The prevailing Party in any action brought to enforce any terms and conditions of this
Agreement shall be entitled to the recovery of their reasonable attorney’s fees, costs and expenses.
12. Not a Public Dedication.
Nothing contained in this Agreement grants a dedication of any portion of real property to the
general public or for any public use, except as may be specifically provided herein. No other right,
privilege, or immunity of any Party shall inure to the benefit of any third party, nor shall any third
party be a beneficiary of any of the provisions of this Agreement, except as may be specifically
provided herein.
13. Commencement of Easement.
This Agreement and Easement shall commence upon the recording of this Agreement with
the Whatcom County Auditor.
14. Indemnification.
To the extent permissible by law, Grantee shall indemnify, defend and hold Grantor, its
employees, officers, guests, invitees, partners, or licensees harmless for any injuries, damage to,
or claims against Grantor or its employees, officers, guests, invitees, partners, or licensees or the
Burdened Property or structures thereon, arising in relation to Grantee’s negligent acts or
omissions relating to the design and location of any portion or infrastructure of the CITY UTILITY
SYSTEM and its appurtenances, Grantee’s activities within the Easement, and to any construction
defects for facilities constructed by the City after the date of this Agreement and located within
the Easement, including but not limited to, claims made by any third party or any Party herein, and
their employees, officers, and agents, except that Grantee’s indemnification and hold harmless
obligation shall be proportionally reduced by any negligent act, omission, or default on the part of
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EASEMENT AGREEMENT
the Grantor and its agents, employees, contractors, or subcontractors.
FOR PURPOSES OF THE FOREGOING INDEMNIFICATION PROVISION ONLY,
AND ONLY TO THE EXTENT OF CLAIMS AGAINST GRANTEE BY GRANTOR UNDER
SUCH INDEMNIFICATION PROVISION, GRANTEE SPECIFICALLY WAIVES ANY
IMMUNITY IT MAY BE GRANTED UNDER THE WASHINGTON STATE INDUSTRIAL
INSURANCE ACT, TITLE 51 RCW. THE INDEMNIFICATION OBLIGATION UNDER THIS
EASEMENT SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE
AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE TO OR
FOR ANY THIRD PARTY UNDER WORKERS’ COMPENSATION ACTS, DISABILITY
BENEFIT ACTS, OR OTHER EMPLOYEE BENEFIT ACTS.
The forgoing provision was specifically negotiated and agreed upon by the Parties.
Grantors’ Initials: ____ ____ Grantee’s Initials: ___
15. Divestiture.
Any divestiture of the Grantee’s rights under this Agreement shall occur in the following
manner:
A. The Grantee shall notify the Grantor in writing of its intent to divest itself of its
rights under this Agreement at least ninety (90) days prior to holding a public
hearing on the divesting of the Grantee’s rights herein.
B. The Grantee may in its sole discretion hold a public hearing with regard to the
divesting of the rights herein.
C. The Divesting of the Grantee’s rights herein may only occur upon the approval of
the City Council.
D. The Divesting of the Grantee’s rights herein shall be without cost, fee or obligation
to the Grantor under any circumstance.
16. Compliance with Laws and Rules.
Grantee shall at all times exercise its rights herein in accordance with the requirements (as
from time-to-time amended) of all applicable statutes, laws, orders, rules, and regulations of any
public authority having jurisdiction, including its own.
17. Nonwaiver of Breach.
Failure of either Party at any time to require performance of any provision of this
Agreement shall not limit such Party’s right to enforce such provision. Waiver of any breach of
any provision of this Agreement does not constitute a waiver of any succeeding breach of such
provision or a waiver of such provision itself.
18. Amendment or Termination.
This Easement may be amended or terminated only by mutual written agreement of the
Parties.
19. Counterparts.
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EASEMENT AGREEMENT
This Agreement may consist of two or more separately ratified counterparts, each of which
constitutes a duplicate original of this Agreement.
20. Entire Agreement.
This Agreement constitutes the entire agreement between the Parties as to the matters
contained herein. No oral or written statements made by either Party prior to or following entry
of this Agreement shall be considered a part of this Agreement unless expressly incorporated
herein in writing.
IN WITNESS WHEREOF, Grantor and the City have hereunto set their hands and seals
on the day and year first above written.
GRANTOR
__________________________________
By: ___________________________
Its: ___________________________
CITY OF LYNDEN
__________________________________
By: ___________________________
Its: ___________________________
State of Washington )
) ss
County of Whatcom )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated this ____ day of _________, 20 .
_________________________________
Notary Public in and for the state of Washington.
Residing at ____________________________.
My appointment expires: _________________.
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EASEMENT AGREEMENT
State of Washington )
) ss
County of Whatcom )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated this ____ day of _________, 20 .
_________________________________
Notary Public in and for the state of Washington.
Residing at ____________________________.
My appointment expires: _________________.
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