NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.
DEDICATION OF UNOBSTRUCTED DRY
PUBLIC UTILITY AND AERIAL EASEMENTS
STATE OF TEXAS}
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF ______}
THAT, XYZ Company, herein called Grantor its successors and assigns which shall pertain to all provisions in this easement forever, for and in consideration of the sum of ONE DOLLAR ($1.00) CASH and other good and valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged has DEDICATED, and by these presents does DEDICATE, unto local public utilities (herein called Grantee) an unobstructedperpetual utility easement for electricity, natural gas, phone, fiber and cable communications (herein called Utility Facilities) and all necessary and related appurtenances for such utility purposes only, located on, over, under and across portions of the following described lands owned by Grantor, to wit:
INSERTand witness the parent tract that the easement will come out of:
(Acreage of reference tract, Survey Name and Abstract Number, Deed reference of parent deed or deeds in which easement is be granted out of, Recording information of deed or deeds, County and State.
The easement areas herein granted are being more particularly described or shown in Exhibits “A”, “B”, “C”, and “D”…………, hereto attached and made a part hereof.
Insert survey drawing exhibits for a 14’ or 7’ easement area: General description of utility easement property should be inserted here:
Notwithstanding the description of the easements set forth in the Exhibits, the parties intend that the easements granted herein shall run to the edge of Grantor’s property so that the exteriors of all ground or aerial easements herein dedicated are to intersect with the exteriors of all adjoining property lines without any gaps in the property dedicated.Make singular or plural depending on number of easements granting and remove the mention of aerial if there are none.
Grantor has dedicated, and by these presents does dedicate, for said public utility purposes, unobstructed aerial easements as follows:For aerial easements select the appropriate description below and delete paragraphs that are not applicable. If no aerial easement delete this entire paragraph through (D).
(a)The unobstructed aerial easement shall extend horizontally an additional seven (7) feet six (6) inches for fourteen (14) feet perimeter ground easements.
(b)The unobstructed aerial easements shall extend horizontally an additional eight (8) feet for fourteen (14) feet back to back ground easements.
(c)If perimeter or back-to-back easements are not clearly reflected or referenced on Exhibits then unobstructed aerial easements shall extend horizontally an additional eight (8) feet on each side of the ground easement.
(d)All unobstructed aerial easements begin at a plane sixteen (16) feet above the ground and extend upward, located adjacent to and adjoining said utility easement.
Grantorshall observe and exercise all notification laws as per the Underground Facility Damage Prevention and Safety Act, also known as "ONE CALL" & "CALL BEFORE YOU DIG".
To the extent that such Laws and Codes apply to Grantor, Grantor shall observe all safety codes and laws which apply when working along, within and near Utility Facilities.
Conditional insert if necessary along with 16’ easement vs. a 14’ easement:
When sanitary sewer, storm sewer or potable water utility facilities are to be placed within the utility easement, the owners of said utility facilities shall install and maintain above grade markers at readily identifiable locations to clearly alert the public that subsurface utilities exist. In the event markers are not maintained, then no members, residence or other utility companies shall be responsible for damages to sanitary sewer, storm sewer, and potable water systems.
Grantee shall not deny or obstruct ingress or egress to or from property owned by Grantor, and Grantor retains all rights to cross the easement for access, but not interfering with the utility purpose for which the easement is granted. Grantor shall have the right to construct or locate in a near perpendicular fashion, utilities, drainage ditches, roadways, driveways,across, but not along or solely along, within or under the easement areas herein dedicated.Grantor assumes all responsibility in the cost of constructing, paving and maintaining said roadways or drivewayswithin easement crossing areas. Grantor is prohibited from using the easement areas for stockpile, spoil, water retention or detention, or lay down areas.
Absent written authorization by the affected utilities or Grantee, all utility and aerial easements must be kept unobstructed from any non-utility improvements or obstructions by the property owner. Any unauthorized improvements or obstructions may be removed by any public utility or Grantee at the property owner’s expense. While wooden posts and paneled wooden fences along the perimeter and back to back easements and alongside rear lots lines are permitted, they too may be removed by public utilities or Grantee at the property owner’s expense should they be an obstruction. Public utilities or Grantee may put said wooden posts and paneled wooden fences back up, but generally will not replace with new fencing.
Grantee shall also have rights of ingress and egress to and from said easementarea(s), together with reasonable working space,for the purposes of erecting, installing, operating, maintaining, replacing, inspecting, and removing Utility Facilities, together with the additional right to remove from said easement and land immediately adjoining thereto all bushes, trees, landscaping and parts thereof, or other structures or improvements which are within, protrude, bisect, encroach or overhang into said easement areas and if in the sole opinion of Grantee, endanger or may interfere with the efficiency, safe and proper operation, and maintenance of said Utility Facilities. Further, in the event dead or dangerous trees exist within the fall range of overhead electrical facilities, then Grantee shall have the right to take down dead or dangerous trees based on Grantee’s discretion.
TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors or assigns, forever, and Grantor does hereby bind itself and its successors, heirs, assigns, and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. In the event of a deficiency in title, the Grantor herein, its successors and assigns, will be responsible for all costs associated with the relocation and/or removal of Grantee’s facilities.
EXECUTED this ______day of ______, 2___.
XYZ Company
BY: ______
BY:______
STATE OF TEXAS }
COUNTY OF ______}
This instrument was acknowledged before me on ______, 2____, by ______.
______
Notary's Signature
______
(Name typed or printed)
Commission Expires:______
AFTER RECORDING RETURN TO:
X
X
X
X
Z:\GHBA\Dry Utility Task Force\Easement\14 & 16 DEDICATION OF UNOBSTRUCTED DRY Utilities FINAL 4-21-2015.doc 12/07/18