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Fill and Sign the Electric Ampampamp Gas Lines Right of Way Comal County Texas Form

Fill and Sign the Electric Ampampamp Gas Lines Right of Way Comal County Texas Form

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Page 1 of 3 ELECTRIC LINE EASEMENT AND RIGHT OF WAY STATE: COUNTY: GRANTOR: (Name and Address) GRANTEE: (Name and Address) EFFECTIVE DATE: Consideration: The provisions of electrical service and/or other benefits inuring to Grantor and/or other valuable consideration, the receipt and sufficiency of some consideration dee med valuable to Grantor being hereby expressly acknowledged and accepted by Grantor. Easement Property (check either Defined Easement or Blanket Easement): Defined Easement: The Easement Property is a tract of land consisting of _____ acres, more or less, more particularly described in the attached Exhibit “A,” field note description and plat, incorporated herein for all purposes. Blanket Easement: The Easement Property is a tract of land described as follows (check one): Platted Property. Lot(s) _____, Block _____, _____ Addition/Subdivision, an addition/subdivision to the City of _____, _____ County, _____, according to the map or plat thereof recorded in the Plat Records of that county. Unplatted Property. _____ acres of land, more or less, out of the _____ Survey, in _____ County, _____, as more fully described in an instrument recorded in Volume _____, page _____ of the _____ Records of _____ County, _____. For blanket easements, on location by Grantee of its transmission/distribution lines, poles, and/or other facilities on the property, the Easement Property shall be limited t o that portion of the property within _____ feet in all directions of Grantor’s lines, poles, guys, anchors, or other facilities on the tract of land described above. The Easement Property shall include use of the subsurface below and air space above for the Purpose stated. This Easement shall also include portions of adjoining property owned by Grantor as is necessary for the Purposes stated below. Page 2 of 3 Project: Electric transmission and/or electric distribution line or lines, consisting of a va riable number of sizes of wires, dabbles, poles, towers and circuits, and all necessary or desirable appurtenances, appliances, facilities, and equipment (including, but no limited to: support ing structures, insulators, transformers, guy wires, anchorages, and other facilities whether made of wood, metal, or other materials. Grant: Grantor, for the consideration received by Grantor, grants, sells, and conveys to Grantee an easement appurtenant and right of way in, on, and across the Easement Property, together with all and singular the rights and appurtenances in anywise belonging, to have and hold i t to Grantee and Grantee’s successors and assigns forever. Grantor also grants to Grantee the right and authority to license, permit, or otherwise agree to the joint use or occupancy of t he line system, or facilities by any other person or entity for electrification, telephone, tel evision, or other similar purposes. Purposes: The Easement, right of way, rights, and privileges granted shall be used for the purpose of providing electric utility service, constructing, placing, operating, maintaining, reconstructing, replacing, relocating, reconstituting, changing the size or nature of, rebuil ding, upgrading, removing, inspecting, patrolling, and/or repairing the Project or any part of the Project, and making connections with it, reading meters on it, and to undertake the sa me for any of the other joint uses that are authorized. The Purpose shall also include use of the Ea sement, right of way, rights, and privileges granted for any use directly related to the Project or financing of the Project, including but not limited to performing archaeological, historical, envi ronmental, or other studies. Grantee shall have the right to place temporary poles, towers, anchorages, guys, and supporting structures for use in erecting or repairing the Project. Grantee shall have the right to sue the portion of the property along and adjacent to the Easement Property and right of way as may be reasonable necessary in connection with the Purposes stated, or any one or more of them relating to the Project, or any part of it. Access: Grantor shall have the right of pedestrian, equipment, and vehicular ingress and egress at all times on and across the Easement Property for the stated Purpose. Grantee shal l also have the right of ingress and egress over existing roads across the adjacent or remainder property of Grantor for the purpose of obtaining access. In the event that access is not reasonably availa ble over existing roads, Grantee shall have the right of ingress and egress over the adjacent propert y of Grantee along any route that is reasonable and appropriate under the circumstances then existing in order to obtain access. Grantee shall have the right to use the portion of the property along and adjacent to the Easement Property and right of way as may be reasonably nec essary in connection with the construction, reconstruction, repair, or other Purpose state above relating t o the Project, or any part of it. Term: The Easement and access rights granted, as well as the covenants made in this gra nt, shall be perpetual and appurtenant to the land, unless abandoned by the Grantee for a period of _____ years. Page 3 of 3 Trees: Grantee shall have the right to cut, trim, chemically treat with herbicides, a nd/or remove trees, shrubs, bushes, brush and vegetation within or adjacent to the Easement Property or otherwise necessary to realize the Purpose stated above. Structure: Grantor shall not construct or locate on the Easement Property any structure, obstruction, or improvement (other than roads and fences), Grantee shall have the right to remove from the Easement Property any structure, improvements, or obstruction (other than roads and fences), and Grantor agrees to pay Grantee the reasonable cost of that removal a nd this Agreement shall be a covenant running with the land for the benefit of Grantee. Damages: It is understood and agreed that the Consideration received by Grantor includes adequate compensation for all damages for the initial construction and all operation and maintenance of the Project as well as all damages, if any, to Grantor’s property which may occur in the future after the original construction of the Project, directly resulting from Grant ee’s exercise of any Purpose. Grantee shall not be liable for damages caused by keeping the Easement Property clear of trees, undergrowth, brush, and obstructions. Minerals: Grantor expressly reserves all oil, gas, and other minerals owned by Grantor in, on, and under the Easement Property, provided that Grantor shall not be permitted to, and shall not allow any part to drill or excavate for minerals on or from the surface of the Easem ent Property but Grantor may extract oil, gas, or other minerals from and under the Easement Property by conducting all extractions operations on adjoining land, by directional drilling or other m eans which do not interfere with or disturb Grantee’s use of the Easement Property. Ownership: Grantor agrees that all poles, wires, cables, circuits, appurtenances, facilities, appliances and equipment installed on the Easement Property shall at all time s remain the property of the Grantee, and is removable at the option of the Grantee. Assignments and Miscellaneous: This Easement, and the terms and conditions contained in it, shall inure to the benefit of and be binding on Grantee and Grantor, and their respective he irs, personal representatives, successors, and assigns. When the context requires, singular nouns and pronouns include the plural. When appropriate, the term “Grantee” includes the employees, contractors, and authorized agents of Grantee. Warranty: Grantor warrants and shall forever defend the Easement to Grantee against anyone lawfully claiming or to claim the Easement or any part thereof. This Easement is executed by Grantor as of the date of the acknowledgment below, but sha ll be deemed effective for all purposes as of the Effective Date stated above. Grantor (Acknowledgment)

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