Fill and Sign the Pipeline Right of Way Option Agreement Day of 20 Form

PIPELINE RIGHT OF WAY AGREEMENT STATE: COUNTY: For valuable consideration, the receipt and sufficiency of which is acknowledged, _____ (the “Grantor”), whether one or more, grants and conveys to _____ (the “Grantee”), its successors and assigns, a right of way and easement for and the right, privilege, and authority to construct, lay, install, operate, inspect, maintain, repair, replace, in whole or i n part, with the same size or larger or smaller pipe, and remove pipelines for the transportation of oil, gas, condensate, distillate or water, or combinations of products of any one or more of those substances, together with any drips, traps, valves, meters, meter houses, pumps, fittings, connections, cathodic and other protection equipment, and any other equipment and facil ities as are used or useful in the use, operation, and maintenance of pipelines, and appurtenances to, on, over, or through the following lands (the “Lands”): (Description of Lands) together with the rights of ingress and egress to and from any pipelines and installations and the route or locations of them over and across the land and the adjacent lands of Grantor, with the right to use existing roads, for each and all of the stated purposes. The route of any pipeli nes shall be selected by Grantee and approved by Grantor. Prior to the commencement of the actual construction of the initial pipelines, Gra ntee shall pay to Grantor the amount of _____ Dollars ($_____), which sum, together with the consideration recited above, shall constitute both the full payment for the Right of Wa y and damages to growing grasses, crops, and timber which arise out of or are incidental to the construction of the pipeline by Grantee. It is understood and agreed, that Grantee shall not be obligated to construct pipelines or make such additional payment unless it shall ele ct to do so. In no event shall Grantee be under any affirmative obligation to construct any pipelines on the Lands. In the event an additional payment is not made to Grantor prior to the expirati on of one year from date of this Agreement, the Right of Way and easement granted shall term inate. Grantee is granted the right to enter on the lands for survey purposes prior to and without any obligation to make an additional payment. Should Grantee elect to construct additional pipelines in its Right of Way and ea sement from time to time, Grantee shall pay Grantor the sum of _____ for each additional pipe line laid, as consideration for the pipeline. Grantee shall also pay Grantor for damages to growing grasses, crops, and timber which arise out of or are incidental to the construction of an additiona l pipeline. Any payment provided for in this Agreement, including any additional payment, may be made by check or draft of Grantee either directly or by mail to Grantor, or to a duly authorized agent appointed to receive and receipt a payment. If mailed, a payment shall be considered made as of the date of mailing to Grantor or to the agent. No change in the ownership of the Lands affected by this Right of Way and easement shall be binding on Grantee for any purpose, including payments for consideration or damages until sixty (60) days after Grantee shall have received a certified copy of the original recorded instrument of conveyance evidencing the change, together with like proof of all intermediate transfers showing complete chain of t itle back to Grantor to the full interest claimed. If at the time of the execution of this Agreement or any later time, Grantor owns a less interest in the Lands than the entire and undivided surface estate, the optional payments provided in this Agreement shall be paid to Grantor only in the proportion which Grantor’s interest bears to the whole and undivided fee of the surface estate of the Lands. Any pipeline laid under this Agreement shall be buried to a minimum depth of _____ inches from the surface. After Grantee’s installation of the pipeline at the depth provi ded above neither party shall diminish or reduce the soil cover over the pipeline without prior written consent of the other party. This Agreement and the Right of Way and easement and rights and privileges grante d, or any pipeline laid or constructed, may be assigned or conveyed by Grantee, its successors and assigns, in whole or in part, or in undivided interests, vesting in any assignee any and all ri ghts, interests, and estates so assigned and leaving in Grantee, its successors or assigns, all rights, interests, and estates not assigned but reserved, and the same may be owned, exercised or operated, either jointly or separately, as the assignment may provide. Grantor reserves the right to the full use and enjoyment of the Lands subject to the ri ghts granted by this Right of Way, and as the same may be necessary for the purposes granted; provided, that Grantor shall not construct any improvements, lakes, or ponds over any pipeline or pipelines of Grantee, of a nature to interfere with the rights granted to Grantee. To have and to hold the same to Grantee, its successors and assigns, for as long as the Right of Way or easement or any one or more of the rights or privileges granted are used or exercised, and for so long after that time as any one or more of the rights or privilege s are exercised, or any pipeline, structure, or facility installed on the Lands is used or remains on it. This Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. Date: Grantor (Acknowledgment)