Washington Easement Agreement – Comprehensive Template
DISCLAIMER – PLEASE READ
This template is provided for informational purposes only and does not constitute legal advice. No attorney–client relationship is formed by its use. Washington real-estate counsel must review, tailor, and finalize this document to ensure compliance with current law and the parties’ specific transaction.

Table of Contents

1. Document Header
2. Definitions
3. Grant of Easement & Scope of Use
4. Consideration & Payment Terms
5. Maintenance, Repairs & Utilities
6. Insurance Requirements
7. Representations & Warranties
8. Covenants & Restrictions
9. Recording; Title Matters
10. Term; Termination & Abandonment
11. Default; Notice & Cure
12. Remedies; Specific Performance
13. Risk Allocation
14. Dispute Resolution
15. General Provisions
16. Execution & Acknowledgment Blocks

1. DOCUMENT HEADER

1.1 Title; Parties; Effective Date

EASEMENT AGREEMENT (this “Agreement”) dated as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) [GRANTOR LEGAL NAME], a [STATE] [ENTITY TYPE] whose address is [ADDRESS] (“Grantor”); and
(b) [GRANTEE LEGAL NAME], a [STATE] [ENTITY TYPE] whose address is [ADDRESS] (“Grantee”).

Grantor and Grantee are sometimes referred to individually as a “Party” and collectively as the “Parties.”

1.2 Recitals

A. Grantor is the fee owner of certain real property located in the State of Washington more particularly described on Exhibit A (the “Burdened Property”).
B. Grantee desires to obtain, and Grantor is willing to grant, an easement [TYPE: e.g., non-exclusive, appurtenant, in gross] for [PURPOSE: e.g., ingress, egress, utilities] over a portion of the Burdened Property described on Exhibit B (the “Easement Area”).
C. The Parties wish to set forth their agreement upon the terms and conditions herein.

NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below:

“Actual Damages” has the meaning provided in Section 13.2.
“Affiliate” means, with respect to any entity, any other entity controlling, controlled by, or under common control with such entity.
“Easement” means the perpetual right and easement granted in Section 3.1.
“Easement Area” has the meaning given in Recital B.
“Governmental Authority” means any federal, state, county, municipal or other governmental entity with jurisdiction over the Easement Area or the activities contemplated by this Agreement.
[Add additional definitions as required.]

[// GUIDANCE: Keep definitions alphabetical and cross-reference each term’s first use.]

3. GRANT OF EASEMENT & SCOPE OF USE

3.1 Grant

Grantor hereby conveys and warrants to Grantee, its successors and permitted assigns, a [exclusive/non-exclusive] [appurtenant/in gross] easement over, across, upon, and under the Easement Area for the purposes described in Section 3.2, together with the right of access thereto (“Easement”).

3.2 Permitted Uses

The Easement may be used solely for:
a. Ingress and egress by vehicular and pedestrian traffic;
b. Installation, operation, maintenance, repair, replacement, and removal of utilities, including without limitation [electricity, water, sewer, telecommunications]; and
c. [OTHER PERMITTED USES].

3.3 Prohibited Uses

Grantee shall not:
a. Unreasonably interfere with Grantor’s use of the Burdened Property;
b. Store hazardous materials in the Easement Area; or
c. [OTHER PROHIBITIONS].

3.4 Improvements

Any improvements within the Easement Area shall:
a. Comply with applicable building codes and Governmental Authority requirements;
b. Be constructed at Grantee’s sole cost and risk; and
c. Become the property of [Grantor/Grantee] upon installation, unless otherwise agreed in writing.

4. CONSIDERATION & PAYMENT TERMS

4.1 Easement Consideration. In consideration of the Easement, Grantee shall pay Grantor [MONETARY AMOUNT] on or before the Effective Date.
4.2 Late Payments. Any delinquent payments shall accrue interest at the lesser of (i) [___]% per annum or (ii) the maximum rate allowed by law.
4.3 Recording Costs & Taxes. Grantee shall bear all recording fees, transfer taxes, documentary taxes, and similar charges arising from this Agreement.

5. MAINTENANCE, REPAIRS & UTILITIES

5.1 Grantee Obligations. Grantee shall maintain the Easement Area in a clean, safe condition and shall promptly repair any damage caused by its use.
5.2 Cost Allocation. All costs of maintenance, repairs, and utilities serving the Easement Area shall be borne [solely by Grantee / as allocated in Exhibit C].
5.3 Inspection Rights. Grantor may inspect the Easement Area upon [___] days’ prior written notice, provided such inspection does not unreasonably interfere with Grantee’s operations.

6. INSURANCE REQUIREMENTS

6.1 Coverage. During the Term, Grantee shall maintain:
a. Commercial General Liability with limits of not less than $[] per occurrence and $[] aggregate;
b. Worker’s Compensation as required by Washington law; and
c. [Additional coverage].
6.2 Certificates. Grantee shall deliver certificates of insurance to Grantor prior to commencement of work and upon policy renewal.
6.3 Waiver of Subrogation. Each policy shall provide a waiver of subrogation in favor of Grantor.

7. REPRESENTATIONS & WARRANTIES

7.1 Mutual. Each Party represents and warrants that:
a. It is duly organized, validly existing, and in good standing under the laws of its state of formation;
b. It has full authority to enter into and perform this Agreement; and
c. This Agreement constitutes a valid and binding obligation enforceable against it.
7.2 Grantor. Grantor further represents that:
a. Grantor is the fee simple owner of the Burdened Property, free of liens that would impair the Easement; and
b. No third-party consents are required for the grant of the Easement, except as set forth on Schedule 1.

[Representations survive closing per Section 15.3.]

8. COVENANTS & RESTRICTIONS

8.1 Grantor Covenants. Grantor shall not grant conflicting easements or licenses over the Easement Area without Grantee’s prior written consent.
8.2 Grantee Covenants. Grantee shall:
a. Comply with all applicable laws and permits;
b. Restore any disturbed surfaces to substantially the same condition that existed prior to Grantee’s entry.
8.3 Notice & Cure. A Party alleging violation of this Article 8 shall provide written notice and a [30]-day cure period.

9. RECORDING; TITLE MATTERS

9.1 Recording. The Parties shall record this Agreement (or a memorandum thereof) in the real-property records of the county where the Burdened Property is located, in compliance with Washington recording statutes.
9.2 Legal Description. The full legal descriptions of the Burdened Property and Easement Area are set forth on Exhibits A and B, respectively, in recordable form.
9.3 Title Insurance. At Grantee’s option, Grantee may obtain an ALTA Extended Coverage Easement Endorsement at its cost.

[// GUIDANCE: Washington requires a proper acknowledgment, 3-inch top margin, and assessor’s parcel number on the first page of a recorded instrument.]

10. TERM; TERMINATION & ABANDONMENT

10.1 Term. The Easement shall be [perpetual] unless terminated as provided herein.
10.2 Termination by Agreement. The Easement may be terminated by a written instrument executed and recorded by the Parties.
10.3 Automatic Termination. The Easement shall automatically terminate upon:
a. Abandonment by Grantee evidenced by [___] consecutive months of non-use;
b. Condemnation of the Easement Area; or
c. [OTHER CONDITIONS].
10.4 Effect of Termination. Upon termination, Grantee shall remove its improvements and restore the Easement Area unless Grantor directs otherwise in writing.

11. DEFAULT; NOTICE & CURE

11.1 Events of Default. A Party is in default if it:
a. Fails to pay any amount when due and such failure continues for [15] days after notice;
b. Breaches any non-monetary covenant and fails to cure within [30] days after notice (or if the breach cannot reasonably be cured within [30] days, fails to commence and diligently pursue cure).
11.2 Remedies Cumulative. Remedies are cumulative except as expressly limited in Section 13.

12. REMEDIES; SPECIFIC PERFORMANCE

12.1 Specific Performance. Because monetary damages may be inadequate, either Party shall be entitled to specific performance and injunctive relief without posting bond to enforce this Agreement.
12.2 Self-Help. If Grantee fails to maintain the Easement Area, Grantor may perform such maintenance at Grantee’s cost after [10] days’ notice.

13. RISK ALLOCATION

13.1 Indemnification

a. Grantee Indemnity. Grantee shall indemnify, defend, and hold harmless Grantor and its Affiliates from all claims, damages, losses, and expenses (including reasonable attorney fees) arising from Grantee’s use of the Easement, except to the extent caused by Grantor’s gross negligence or willful misconduct.
b. Grantor Indemnity. Grantor shall indemnify, defend, and hold harmless Grantee from all claims arising from Grantor’s breach of this Agreement or gross negligence.

13.2 Limitation of Liability

Neither Party shall be liable to the other for consequential, incidental, speculative, punitive, or exemplary damages. Each Party’s aggregate liability under this Agreement shall not exceed Actual Damages proven by the non-breaching Party, subject to insurance proceeds and indemnity obligations.

13.3 Force Majeure

Neither Party is liable for failure to perform due to causes beyond its reasonable control, including acts of God, fire, flood, war, terrorism, labor disputes, government action, or pandemics, provided the affected Party gives prompt notice and resumes performance as soon as practicable.

14. DISPUTE RESOLUTION

14.1 Governing Law. This Agreement is governed by the laws of the State of Washington, without regard to conflict-of-laws principles.
14.2 Forum Selection. Any suit not subject to arbitration shall be brought exclusively in the state courts sitting in [COUNTY], Washington.
14.3 Arbitration (Optional). If the Parties elect arbitration by initialing below, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
 Grantor __  Grantee ____
14.4 Jury Trial Waiver (Optional). IF NOT PROHIBITED BY LAW, EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL.
14.5 Attorneys’ Fees. The prevailing Party in any dispute shall recover its reasonable attorneys’ fees and costs.

15. GENERAL PROVISIONS

15.1 Amendments & Waivers. Any amendment or waiver must be in a writing executed by the Party against whom enforcement is sought.
15.2 Assignment. Grantee may not assign this Agreement without Grantor’s prior written consent, except to an Affiliate or a successor in interest to substantially all of Grantee’s assets.
15.3 Survival. Articles 7 (Representations & Warranties), 12 (Remedies), 13 (Risk Allocation), and 14 (Dispute Resolution) survive termination.
15.4 Severability. If any provision is held invalid, the remainder of this Agreement remains in full force, and the invalid provision shall be reformed to the minimum extent necessary.
15.5 Entire Agreement. This Agreement, including its Exhibits and Schedules, constitutes the entire understanding of the Parties and supersedes all prior agreements.
15.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original. Electronic and digitized signatures are binding.

16. EXECUTION & ACKNOWLEDGMENT BLOCKS

IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the Effective Date.

Grantor:

[GRANTOR NAME]
By: _____
Name: _____
Title: ______

Grantee:

[GRANTEE NAME]
By: _____
Name: _____
Title: ______

NOTARY CERTIFICATE – STATE OF WASHINGTON

STATE OF WASHINGTON )
            ) ss.
COUNTY OF _____)

I certify that I know or have satisfactory evidence that [NAME(S) OF PERSON(S)] is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument.

Dated: ____, 20___

Notary Public in and for the State of Washington
My Commission Expires: ____

EXHIBIT A

Legal Description of Burdened Property
[Insert full metes and bounds or lot, block, and plat description]

EXHIBIT B

Legal Description / Depiction of Easement Area
[Attach survey sketch or metes and bounds description]

EXHIBIT C (Optional)

Maintenance & Cost Allocation Matrix

[// GUIDANCE:
1. Verify that all blanks, bracketed items, and optional provisions are customized for the transaction.
2. Confirm that the legal description matches the title commitment and survey.
3. Review county-specific recording formatting (margins, font size, parcel number) before filing.]