EASEMENT AGREEMENT
(Kansas – Comprehensive Template)
[// GUIDANCE: This template is drafted to comply with Kansas real estate law, including K.S.A. § 58-2221 (recording of instruments affecting real property). All bracketed fields must be customized before execution and recording.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits
1. DOCUMENT HEADER
Easement Agreement (this “Agreement”) dated effective as of [Effective Date] (the “Effective Date”), by and between:
- Grantor: [Full Legal Name], a [State] [Entity Type], whose mailing address is [Address] (“Grantor”); and
- Grantee: [Full Legal Name], a [State] [Entity Type], whose mailing address is [Address] (“Grantee”).
Recitals
A. Grantor is the fee-simple owner of certain real property located in [County] County, Kansas, more particularly described in Exhibit A (the “Servient Property”).
B. Grantee desires to obtain, and Grantor is willing to grant, a [select: perpetual/per-term], [exclusive/non-exclusive] [select: access / utility / stormwater / other] easement over, under, and across a portion of the Servient Property, as depicted on Exhibit B (the “Easement Area”).
C. The Parties intend that this Agreement satisfy the Kansas Statute of Frauds and be recordable under K.S.A. § 58-2221.
NOW, THEREFORE, in consideration of [Consideration – e.g., Ten Dollars ($10.00) and other good and valuable consideration], and the mutual covenants herein, the Parties agree as follows:
2. DEFINITIONS
[// GUIDANCE: Defined terms are capitalized and used consistently.]
“Affiliate” means, with respect to a Person, any entity controlling, controlled by, or under common control with that Person.
“Applicable Law” means all federal, state, and local statutes, regulations, ordinances, and common-law requirements applicable to the Property or a Party, including the Kansas Easement and Recording statutes.
“Easement” means the property right granted in Section 3.1.
“Easement Area” has the meaning set forth in Recital B.
“Effective Date” has the meaning set forth in the Document Header.
“Grantee” and “Grantor” have the meanings stated in the Document Header.
“Parties” means Grantor and Grantee collectively, and “Party” means either of them individually.
“Person” means any natural person, corporation, partnership, limited liability company, trust, or other legal entity.
“Servient Property” has the meaning set forth in Recital A.
3. OPERATIVE PROVISIONS
3.1 Grant of Easement
Grantor hereby grants, bargains, sells, conveys, and warrants to Grantee a [exclusive/non-exclusive], [perpetual / term of ___ years], [type] easement over, under, across, and through the Easement Area for the purposes described in Section 3.2 (the “Easement”), together with the right of ingress and egress thereto.
3.2 Permitted Uses
Grantee may use the Easement Area solely for [describe purpose—e.g., vehicular and pedestrian ingress and egress; installation, operation, maintenance, repair, replacement, and removal of utility facilities] (collectively, the “Permitted Uses”). Any other use requires Grantor’s prior written consent, which may be withheld in Grantor’s sole discretion.
3.3 Term
(a) If perpetual, the Easement shall be perpetual and run with the land.
(b) If term-limited, the Easement shall commence on the Effective Date and expire at 11:59 p.m. Central Time on [Expiration Date], unless sooner terminated pursuant to Section 3.11.
3.4 Consideration & Payment Terms
Grantee shall pay Grantor [Lump-Sum Amount] on or before [Payment Date]. Any late payment shall bear interest at [___ %] per annum, compounded monthly.
3.5 Construction, Installation & Restoration
a. Prior Notice: Grantee shall provide Grantor at least [__] business days’ written notice prior to commencing any construction activities.
b. Standards: All work shall be performed in accordance with Applicable Law and industry standards.
c. Restoration: Upon completing any work, Grantee shall promptly restore the Easement Area and any affected portion of the Servient Property to a condition substantially similar to its pre-construction state, reasonable wear and tear excepted.
3.6 Maintenance
Grantee shall, at its sole cost, maintain the Easement Area in safe, clean condition. Grantor shall have no maintenance obligation.
3.7 Access by Grantor
Grantor retains the right to use and occupy the Easement Area for any purpose not inconsistent with the Easement, provided Grantor shall not unreasonably interfere with Grantee’s Permitted Uses.
3.8 Compliance With Laws
Each Party shall comply with all Applicable Laws relating to its activities under this Agreement.
3.9 Taxes & Assessments
Grantee shall pay all personal property taxes and special assessments levied against its facilities in the Easement Area. Real property taxes remain Grantor’s responsibility.
3.10 Recording
Immediately after execution, the Parties shall cause this Agreement (and any subsequent releases) to be recorded in the Office of the Register of Deeds of [County] County, Kansas, in accordance with K.S.A. § 58-2221. The recording fee shall be borne by [Party Responsible].
3.11 Termination of Easement
The Easement shall terminate:
1. By Release: Upon execution and recording of a mutual release signed by the Parties;
2. By Expiration: Automatically upon expiration of the term specified in Section 3.3(b);
3. By Abandonment: If Grantee gives written notice of abandonment and fails to use the Easement for [__] consecutive years;
4. By Merger: If the Servient Property and Grantee’s dominant estate come under common ownership; or
5. By Court Order: As provided by Applicable Law.
Upon termination, Grantee shall execute and deliver, and Grantor may record, an instrument in recordable form evidencing such termination.
4. REPRESENTATIONS & WARRANTIES
4.1 By Grantor
a. Title: Grantor is the sole fee-simple owner of the Servient Property, free and clear of all liens except those of record.
b. Authority: Grantor has full power and authority to execute and deliver this Agreement and perform its obligations hereunder.
c. No Conflict: The execution and delivery of this Agreement does not violate any agreement, judgment, or Applicable Law binding on Grantor.
4.2 By Grantee
a. Organization & Authority: Grantee is duly organized, validly existing, and in good standing under the laws of its state of formation and has full power and authority to enter into this Agreement.
b. No Conflict: The execution, delivery, and performance of this Agreement do not violate any agreement, judgment, or Applicable Law binding on Grantee.
4.3 Survival
The representations and warranties set forth in this Article 4 shall survive the recording of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Grantor’s Covenants
a. Non-Interference: Grantor shall not erect structures or plant vegetation within the Easement Area that unreasonably interfere with Grantee’s Permitted Uses.
b. Notice of Transfer: Grantor shall notify Grantee in writing at least [__] days prior to transferring any interest in the Servient Property.
5.2 Grantee’s Covenants
a. Limited Use: Grantee shall not use the Easement Area for any purpose other than the Permitted Uses.
b. Environmental Compliance: Grantee shall not release Hazardous Substances on the Servient Property and shall remediate any release caused by Grantee.
c. Insurance: Grantee shall maintain, at its expense, (i) commercial general liability insurance with limits not less than [$___] per occurrence and [$___] aggregate, (ii) workers’ compensation as required by Kansas law, and (iii) automobile liability insurance for any vehicles used in connection with the Easement.
5.3 Notice & Cure
Each Party shall give the other Party written notice of any breach of this Article 5. The breaching Party shall have [__] days from receipt of notice to cure the breach.
6. DEFAULT & REMEDIES
6.1 Events of Default
The following constitute “Events of Default”:
1. Material breach of any obligation under this Agreement and failure to cure within the applicable cure period;
2. Insolvency, assignment for the benefit of creditors, or commencement of bankruptcy proceedings by either Party;
3. Failure to maintain required insurance.
6.2 Remedies
Upon an Event of Default, the non-defaulting Party may:
a. Seek specific performance or injunctive relief;
b. Recover actual damages (subject to Article 7);
c. Pursue any other remedy available at law or in equity.
6.3 Attorney Fees
The prevailing Party in any action to enforce this Agreement shall be entitled to recover reasonable attorney fees and costs.
7. RISK ALLOCATION
7.1 Indemnification
Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and its Affiliates, and their respective directors, officers, employees, and agents (collectively, the “Indemnified Parties”), from and against any third-party claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) to the extent arising out of (a) the Indemnifying Party’s breach of this Agreement, (b) the negligence or willful misconduct of the Indemnifying Party, or (c) violation of Applicable Law by the Indemnifying Party.
7.2 Limitation of Liability
Except for (i) indemnification obligations under Section 7.1, (ii) damages arising from a Party’s gross negligence or willful misconduct, and (iii) obligations to pay amounts expressly due hereunder, each Party’s aggregate liability under this Agreement is limited to actual, direct damages and shall not exceed [$___]. Consequential, incidental, speculative, or punitive damages are disclaimed.
7.3 Force Majeure
Neither Party shall be liable for failure to perform its obligations (other than payment obligations) due to events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, strikes, or governmental actions (“Force Majeure Event”), provided the affected Party gives prompt written notice and resumes performance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to conflicts-of-law principles.
8.2 Forum Selection
Subject to Section 8.3, the Parties submit to the exclusive jurisdiction of the state courts located in [County] County, Kansas.
8.3 Arbitration (Optional)
[Bracket One]
If [checked], any dispute arising out of or relating to this Agreement shall be finally resolved by binding arbitration administered by [Arbitration Administrator] in accordance with its commercial rules. The arbitration shall be conducted in [City], Kansas by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
[Bracket Two]
If [unchecked], Section 8.2 shall govern.
8.4 Jury Trial Waiver (Optional)
[Insert if desired] EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION RELATING TO THIS AGREEMENT.
8.5 Injunctive Relief
Nothing in this Article 8 shall limit either Party’s right to seek specific performance or temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. No amendment or waiver shall be effective unless in writing and signed by both Parties. A waiver of any breach shall not constitute a waiver of any subsequent breach.
9.2 Assignment. Grantee may not assign its rights or delegate its duties under this Agreement, in whole or in part, without Grantor’s prior written consent, which shall not be unreasonably withheld. Any purported assignment in violation of this Section is void.
9.3 Successors & Assigns. This Agreement shall bind and benefit the Parties and their respective successors and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to effectuate the Parties’ intent.
9.5 Entire Agreement. This Agreement, together with its Exhibits, constitutes the entire agreement between the Parties relating to the Easement and supersedes all prior understandings.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered via facsimile, email (PDF), or electronic signature technology (e.g., DocuSign) are binding.
9.7 Notices. All notices must be in writing and delivered (a) by personal delivery, (b) by nationally recognized overnight courier, or (c) by certified mail (return receipt requested), to the addresses set forth in the Document Header (or as later designated). Notice is effective upon receipt or rejection of delivery.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the Effective Date.
GRANTOR:
[Full Legal Name]
By: ____
Name: ____
Title: ____
Date: ________
GRANTEE:
[Full Legal Name]
By: ____
Name: ____
Title: ____
Date: ________
Acknowledgment (Notary)
State of Kansas )
County of ______ )
This instrument was acknowledged before me on __, 20, by ___ as ____ of _____.
Notary Public
My Commission Expires: ______
[// GUIDANCE: Kansas allows acknowledgment by individual or representative capacity under K.S.A. 53-501 et seq.; ensure proper notarial wording per latest statute.]
11. EXHIBITS
Exhibit A – Legal Description of Servient Property
Exhibit B – Diagram of Easement Area
Exhibit C – Insurance Requirements (if expanded)
[// GUIDANCE:
1. Attach metes-and-bounds legal description and scaled survey drawing for clarity and recordability.
2. Verify that Exhibit B’s depiction reconciles with any existing platted easements or utility corridors.
3. Record the fully executed Agreement promptly to establish priority under Kansas law.
4. Provide a conformed copy to all Parties and relevant utility providers.]