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Public Utility Easement

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PUBLIC UTILITY(S) EASEMENT (Temporary and Permanent)

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AFTER RECORDING RETURN TO:

Map No.:

Tax Lot No.:

Planning No.: Grantor:

CITY OF , OREGON

PUBLIC UTILITY(S) EASEMENT
(Temporary and Permanent)

KNOW ALL BY THESE PRESENTS, THAT

hereinafter called the GRANTOR, do(es) hereby grant unto the City of

hereinafter called the CITY, its successors in interest and assigns, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain on the following described land:

See attached Exhibit "A" Legal Description and attached Exhibit "B" Sketch for Legal Description

TO HAVE AND TO HOLD, the above described easement unto the CITY, its successors in interest and assigns forever.

The GRANTORS bargain, sell, convey, transfer, and deliver unto CITY a temporary easement and right-of-way upon, across, and under so much of the aforesaid land as described as:

See attached Exhibit "C" Legal Description and attached Exhibit "D" Sketch for Legal Description.

It being understood that said temporary easement is only for the original excavation and construction of said utility line and upon the completion of the construction thereof shall utterly cease and desist, save and except for that portion hereinbefore described as being a permanent easement.

GRANTOR reserves the right to use the surface of the land for walkways, plantings, parking, and related uses. Such uses undertaken by the GRANTOR shall not be inconsistent or interfere with the use of the subject easement area by the CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of the CITY.

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Upon completion of the construction, the CITY shall restore the surface of the property to its original condition and shall indemnify and hold the GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein.

The true consideration of this conveyance is the receipt of which is hereby acknowledged by GRANTOR. And the GRANTOR above named hereby covenants to and with the CITY, and CITY's successors in interest and assigns that GRANTOR is lawfully seized in fee simple of the above granted premises, free from all encumbrances (no exceptions) and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to the CITY, its successors in interest and assigns against the lawful claims and demands of all persons claiming by, through, or under the GRANTOR.

In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals.

IN WITNESS WHEREOF, the GRANTOR has executed this instrument this day of , 20; if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by order of its board of directors.

NOTICE: No stamp or corporate seal is allowed over any typed information.

Individuals, general partnerships

Signer's Name

Signer's Name

(if executed by a corporation
affix corporate seal below)

Corporation/limited partnership

Corporation/Partnership Name

Signer's Name, Title

Signer's Name, Title

Signer's Name, Title

NOTICE TO NOTARIES: No notary stamp or corporate seal is allowed over any typed information.

Personal Acknowledgment

STATE OF OREGON )

) ss.

County of )

Personally appeared the above named and acknowledged the foregoing instrument to be his voluntary act and deed.

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Before me:

NOTARY PUBLIC FOR OREGON

WITNESS my hand and official seal.

Notary's signature

My Commission Expires:

Stamp seal below

(Grantor's Name and Address)

(Grantee's Name and Address)

Accepted on behalf of the City of Oregon City on the condition that the easement granted is free and clear from any taxes, liens, and encumbrances.

Mayor

Corporate Acknowledgment

STATE OF OREGON )

) ss.

County of )

Personally appeared and who being duly sworn, each for himself and not one for the other did say that the former is the president and that the latter is the secretary

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of a corporation, and that the seal affixed to the foregoing instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed.

Before me:

NOTARY PUBLIC FOR OREGON

WITNESS my hand and official seal.

Notary's signature

My Commission Expires:

Stamp seal below.

City Recorder.

Insert "Exhibit A” Here: Exhibit A Is A Legal Description Drawn Up By A Professional Land Surveyor And Stamped With Their Seal And Having A 1/8th -Inch Or Larger Font Size (8.5-Inch By 11-Inch Page).

Insert "Exhibit B” Here: Exhibit B Is A Recording Quality Property Map Having A 1/8 th– Inch Or Larger Font Size (8.5-Inch By 11-Inch Page Is Preferred).

Insert "Exhibit C" Here: Exhibit C Is A Legal Description Drawn Up By A Professional Land Surveyor And Stamped With Their Seal And Having A 1/8 th -Inch Or Larger Font Size (8.5-Inch By 11-Inch Page).

Insert "Exhibit D” Here: Exhibit D Is A Recording Quality Property Map Having A 1/8 th Inch Or Larger Font Size (8.5-Inch By 11-Inch Page Is Preferred).

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What a Public Utility Easement Is and how it affects property

A Public Utility Easement (PUE) is a recorded legal instrument granting a utility or public service provider a limited right to enter, use, and maintain a defined portion of private property for infrastructure such as water, sewer, electric, gas, telecommunications, or storm drainage. The easement typically describes location, width, permitted uses, duration, and maintenance responsibilities. PUEs run with the land and bind future owners once properly executed and recorded in the county land records. Clear descriptions and correct recording preserve utility access while protecting the property owner’s remaining rights.

Why a Public Utility Easement matters for owners and utilities

A properly drafted and recorded PUE clarifies access rights, reduces future disputes, and enables predictable maintenance and upgrades for essential services.

Why a Public Utility Easement matters for owners and utilities

Typical parties who negotiate, sign, and record a Public Utility Easement

The document is used by property owners, utility companies, municipalities, and developers when granting service access across private land.

  • Utility companies and districts — acquire defined access for installation, repair, and inspection of infrastructure.
  • Property owners and developers — grant rights while preserving non-easement property use and securing appropriate compensation or conditions.
  • Local governments and permitting authorities — enforce public access for municipal utilities and coordinate development approvals.

Core elements a professional Public Utility Easement should include

A strong PUE uses precise descriptions and assigns operational responsibilities to avoid ambiguity and future disputes between the parties.

Grant Language

Clear statement that the grantor conveys a non-exclusive right to enter and use specified land area for defined utility purposes.

Legal Description

A surveyed description or recorded plat reference that pinpoints the easement area using metes and bounds or parcel identifiers.

Purpose Clause

Explicitly lists permitted activities—installation, repair, maintenance, access—and any prohibited uses or limitations.

Term / Duration

Specifies whether the easement is perpetual, for a fixed term, or conditional upon continued utility service needs.

Maintenance Responsibility

Allocates duties for upkeep, vegetation control, restoration after work, and reimbursement for damages where applicable.

Indemnity & Insurance

Requires insurance limits or indemnification obligations that protect the property owner from claims tied to utility operations.

Essential information required on a Public Utility Easement

Grantor Name: Full legal owner name
Grantee Name: Utility or public entity name
Legal Description: Parcel reference or metes-bounds
Easement Dimensions: Width, length, and orientation
Term/Duration: Perpetual or fixed-term
Recording Details: County and book/folio or instrument number

Step-by-step: completing a Public Utility Easement

Follow these steps to prepare, sign, notarize where needed, and record a PUE in the proper county land records.

  • 01
    Prepare Document: Assemble legal description, map exhibits, and party details.
  • 02
    Review Legal Terms: Confirm purpose, term, maintenance, and indemnity language.
  • 03
    Sign and Notarize: Have authorized signatories execute before a notary if required.
  • 04
    Record with County: Submit original with recording fee to the county clerk or recorder’s office.

Configuring an online workflow for drafting and signatures

Set up a consistent digital workflow to reduce errors, capture audit trails, and centralize executed easement records.

Field Configuration
Authentication Use email plus SMS or ID verification for critical signers
Signature Order Define signing sequence for grantor, grantee, and witnesses/notary
Audit Trail Capture IP, timestamp, and action history for each signer
File Format Store final as PDF/A with embedded signature evidence

From draft to recorded instrument: the typical flow

A standard processing path reduces delays by ensuring each task happens in the right order with complete documentation.

  • Draft & Attach Exhibit: Create easement instrument and attach survey or plat exhibit.
  • Signatures Collected: Obtain signatures from grantor and authorized representative of grantee.
  • Notarization Completed: Notary acknowledgement added if required by local law.
  • Document Recorded: Submit to county recorder, receive instrument number and return copy.

Digital signing and file requirements for e-submission

Use platform features that preserve a complete audit trail and produce file formats accepted by county recorders.

  • Supported Formats: PDF and PDF/A preferred; DOCX for drafting only, final record typically required in PDF.
  • Integrations: Connectors to cloud storage and systems (Salesforce, NetSuite, Google Workspace) simplify document management.
  • Signer Authentication: Options include email, SMS codes, knowledge-based verification, or RON where state law permits.

Choose a platform that supports tamper-evident storage, audit logs, and exportable signed PDFs; verify county requirements for electronic recording before relying on e-recording alone.

Key legal risks and consequences of an incorrect easement

Title Objections: Processor or title insurer may refuse coverage
Invalid Recording: Omissions can render instrument unrecorded
Boundary Disputes: Inaccurate descriptions cause encroachment claims
Enforceability Challenges: Improper signatures or authority undermine enforcement
Regulatory Noncompliance: Violates local permitting or utility franchise rules
Costly Remediation: Requires re-execution, surveys, or litigation

Common preparation mistakes to avoid

  • Using an informal or address-only description instead of an accurate legal description invites title challenges and delays.
  • Failing to obtain proper corporate authorization or resolution for utility signers can render the easement voidable.
  • Skipping notarization or county-required witness steps leads to refusal of recording or future enforceability issues.
  • Neglecting to attach or accurately reference a survey exhibit creates ambiguity about the exact area conveyed.

Practical tips for accurate and efficient completion

Adopt consistent documentation practices, confirm signer authority, and coordinate recording to minimize risk and administrative delays.

Use a Licensed Survey
Attach a stamped survey or plat exhibit to precisely define easement boundaries and eliminate interpretation disputes during title review.
Confirm Signer Authority
Obtain corporate resolutions, trustee certificates, or power of attorney documents to verify authority to grant or accept the easement.
Coordinate Recording Timing
Record promptly after execution to protect priority rights and ensure the easement appears in title searches.
Preserve Original Documents
Store signed originals securely and keep certified copies accessible for operational use and future transactions.

Practical examples of how Public Utility Easements are used

Two brief scenarios show typical PUE applications and the clauses that commonly resolve practical issues.

Municipal Water Main Expansion

A city acquires a 20-foot-wide PUE along a parcel

  • the PUE includes a map exhibit and perpetual maintenance rights
  • clear indemnity, restoration obligations, and recorded instrument prevent future title disputes and allow uninterrupted service upgrades.

Developer Temporary Access

A developer grants a five-year construction PUE for staging and access

  • the PUE includes start/end dates and restoration standards
  • limited term, security deposit, and exhibit-specified boundaries protect the owner and allow project completion.

Who typically executes the easement and who has authority

Utility Signatory

Director of Right-of-Way or authorized corporate officer signs for the utility. Ensure corporate resolution or official authorization accompanies the signature to prove authority and acceptance of easement terms.

Property Owner

Individual owner, trustee, or corporate officer executes for the grantor. If a business entity signs, include evidence of authority such as an officer’s signature block and, when required, a board resolution or power of attorney.

Saving, exporting, and attaching supporting documents

Final executed easements should be saved in accepted formats and stored with supporting exhibits to ensure accessibility and record integrity.

Final Format

Export the executed instrument as PDF/A to preserve layout and support long-term archival; include the notarization page and exhibit attachments in the same file.

Supporting Documents

Attach the survey, plat, corporate resolutions, title commitment excerpt, and any insurance or indemnity certificates referenced in the easement.

Document Naming

Use standardized file names including parcel ID, instrument type, and recording county to facilitate retrieval and title searches.

Secure Storage

Retain originals in a locked records facility and maintain encrypted electronic copies with restricted access and audit logs.

Comparing common eSignature vendors for signing and storing easements

Basic price and capability differences affect how you manage signatures, bulk sends, and compliance features needed for legal instruments.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes Varies Varies
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

FAQs and troubleshooting for common Public Utility Easement issues

Answers to frequent questions about e-signing, notarization, recording, and correcting errors in easement instruments.


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