Easements

• Easements are required on any properties for which a water main is being extended, WaterOne's Right-of-Way Technician will prepare the appropriate documents to be included with the Main Extension Petition and Agreement.
• The easement(s) will be written based on the proposed water main design and alignment. The easement cannot be written until after the design and the cost estimate have been completed by WaterOne staff.
• The easement(s) to be acquired on the property will be based on the most suitable easement type (see Easement Definitions below) for the purpose in which the land is being developed.
• If the design of the main requires an additional easement(s) on an adjoining property in order to access the existing water main, WaterOne requires the main extension petitioner acquire the necessary signatures on the adjoining property easement(s).
• The easement(s) will be mailed out with the Main Extension Petition and Agreement for signatures, unless arrangements for separate delivery are made.
• All easement documents must be returned signed and notarized with the Main Extension Petition and Agreement. Water main construction will not begin without the properly executed easement(s).
• After the easement(s) is recorded at the Records and Tax Administration in Johnson County, a copy will be returned to the petitioner with the recording information shown thereon.

Easement Definitions

Grant of a Permanent Easement: Generally used when the size and dimensions of the easement are known prior to construction to accommodate the water main. This easement requires the property owner's signature for recording.

Present Grant of a Permanent Easement to Be Later Defined - Minimum 20 Feet: Typically used for commercial developments, apartments or any time the exact location of the main cannot be established prior to construction. The description depicted on the easement reflects the boundary of the property or an exaggerated area where the main is to be located. This easement requires the property owner's signature for recording. This is to be followed with the "Confinement of an Undefined Easement Grant" once the new main is in place.

Present Grant of a Permanent Easement to Be Later Defined: Typically used when the plat is not yet recorded with the county. This easement requires the property owner's signature for recording. This is to be followed with the "Confinement of an Undefined Easement Grant" once the new main is in place.

Confinement of an Undefined Easement Grant: Written once the main has been installed. This document references the book and page of the "Later to Be Defined Easement" being confined. The easement boundaries reflect the alignment of the main and reserve WaterOne rights in the described area. All other areas are disclaimed. This easement requires WaterOne's General Manager's signature for recording.

Access Easement: The buffer easement between the permanent easement and an existing street right-of-way, allowing access to the main and for installation of perpendicular water mains or service lines. This easement automatically expires when street right-of-way is widened to the permanent easement. This easement requires the property owner's signature for recording.

Temporary Construction Easement: Used to describe an area to stock pile materials and equipment during construction. It may also be used if the development is not currently platted but is in the process of being platted and the proposed subdivision plat will dedicate sufficient utility easements. This easement requires the property owner's signature and may, or may, not be recorded. It becomes null and void on a date or event designated within the document.

Disclaimer of Easement: Used to eliminate an entire existing easement. This easement requires WaterOne's General Manager's signature for recording.

Partial Disclaimer of Easement: Describes the part of an easement that is no longer needed and reserves the right to all other portions as previously granted. This requires WaterOne's General Manager's signature for recording.

Note

In certain situations where WaterOne is required to install water mains under pavement, or in highly landscaped areas, additional language may be included in the easement document that provides WaterOne with limited liability for restoration of pavement and landscaping removed as a result of maintenance or repair of WaterOne facilities.