SS9301-ES 921125 (2) TU EI.,ECTRX C
REAL ESTATE & RI'GHT OF WAY
1511 BRYAN STREET - ROOI~ 410, UTC
DALLAS, TEXAS 75266-0268
DATE:
~o: ~_ c~. ~,~ ~.o.~: . _
FAX~'(214) 954-5259
~ ~~ .. ~.s _ ~ ¢ ~ ~ ~4 ,'~, ~ ........................
NUMBER OF PAGES SENT 3 _ (INCLUDIN~ THIS COVER PAGE)
IF YOU HAVE PROBLEHS RECEIVING OR TO CONf'.LRM MATERIAL SENT, PLEASE CALL
SHANNON GREEN AT (214~ 954--5685 OR PENNY HUGHES AT (214) 954-5124.
EA~dlIMT AND R~HT OF WAY
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENT~
COUNTY OF §
That TEXAS UTILITIES ELECTI~IC COMPANY, a Texas corporation, hereinafter referred to as
Grantor, for and in c, onsieleration of TEN AND NO/100 DOLLARS ($10.00), and other good arid valuable
c~3rmlde~atlon to tt in head paid by ....... ~ AND ADDRESS]
herelnaller rMerred to a~ Grantee, has graMed, ~old end conveyed and by these presenls (toes her~
grant, sell and ~onvey unto said Grantee a nonexcluslve easement and right of way for the purpose of
constructinu, maintaining and operating a. _~..~J~Ii~_GRANTE~;..~ FA_~CiLITY) , hereinafter rate,.red
to as Grantee's Facility, in, over, under, act'oss and along the follow, lng de~crfoed property:
(ENTER PIROPERTY DE,~RIPTION)
There Is ~ grant~l to Grantee, Its successors or assigns, a nonexclusive easement to use only Im
o! Oran, ers allll~i~g lin(I, during tiXllll'~lry pl~olis, as may 13e necessary for the ~x)Mtructtort,
maintenance, a~l relmir of said Grantee's Facility. Such use Shall not Interfere with Grantor~ use of mjch
properly In N elerelen of Its buaine~ and Grantee shall properly maintain such properly during
oonstruolien and at the oonolusion of suc.~ construction remove all construction debris and ~Aher materlaki
from auoh I~rol~/and re,tore such proIleft¥ to the same condition It was In prior to the oommen<~,Y~nt
of Grantees conefl'u~ion tl~reon or in proximity thereto. Use of draglines or other boom-type equlpmertt
In oonneelien with any work to be performlll on Grantor's prol~rty by the Grantee, ils empioy~, agents,
repreeenlatives or oontraotors must oonlflty with Chapter 7~7., Texas Health and Safety C.,o~le, the National
Eleofric, ai ~ C,o~e and any other ol/erance requirements. Notwlth~tanding anylhlng to the (x)n~'a~y
herein, in no event el'tall any equipment be within fifteen feet of Grantors power lines situated or~ the
atoresaid la'ellerty. Grantee must notily r~=NTER (~.FI. CE OR TITLE) 48 hours prior to the u~e of
any boom-t,j~e mluipment on Gran~or'e prellerty exc~lpt in an emergency. Grantor reserves the right to
refuse Grantee permission to use boom-tYl~ equipment.
Grantee Shall lOC, lie ItS FaCility within the easement so as not to interlere with any of Grantors
Grantee shall reirnt~urse Grantor for any and all costs ~ expense~ Incurred by Grantor for any retoc, al~n
or alterati~t of Its facll~tee located on or near the easement that Grantor, In its sole discretion, defermines
are subjlot to inte~leren~e from the ~ Grantee's Facility or from the exercise by Grantee of any of Its
rights hereunder.
This easement is grant~l upon the condllior~ that Grantee's Facility to be constructed shall be malnl~lned
and operated by Grantee at no expense to Grantor and Grantor shall not be responsible for any co~ts of
oonstruction, reconstruction, operation, ma~tenance or removal of Grantee<s Facility.
Grantor sttail not be liable to Grantee for any damage to said easement or Grantees Facility or other
contents thereol, eXCel~ when caused by the wiltful misconduct of Grantor, its ageflts, servants or
empioyees. Grantor and Grantee each a~me that if any claim or liability shall arise from tho Joint
conourrir~ nellilenco of beth parties beetle, It shall be borne by them in proportion to their negligertce.
It is un~tl;~l~Id that it is not the inte~ion ol the ps,lies hereto to create lial3ility for the benefit of third
parties b~t that this a~reement shall be seMly for Ihs benefit of the partl~ hereto.
Grantee ~4111, at its own cost and exlaenee comply with all al3plioal31e lawS,irtohxling ~ not Ilmlle~l to
existing ~ or~lirtaRe~, govemme~al rules and r~lt~allons enacted m promulgated by any
govemme~al lull~rfly anti shall proml~lly e~ecute and fulfill all orders ancl requiremen~ Impmmd by
governme~M authorities for the correellen, prevention and abatement of nui~ in or upen or
~onnectlll ~ eli(I premle~ because of Grantee~ use thereof.
This easement, sul~ject to all liens of record, shall continue only so long as Grantee shal u~e Ihts righl of
way tot the I~U~eee he~th ~lt v~l~d a~l t~e same .hall immediately lal:~e and terminate upon
ol such use. ~ terminatien of thiS a--~,~tont or right of way for any reason, Grantee ~ remove Its
FaCllitiy I~1 reslore the ~ hereinaleve deacrit)ed to the same ~ndition that ~,uch properly wee In
at the blll~ of the term of Iflis a~reement, ordinary wear and tear for the purpose herein auU~rlzed
TO HAVE AND TO HOLD tho above cleecrtl~ed easement and rights unto the Grantee, Its sucoeesom and
assigrm, for the purl~oeas More~aid and Ullon the conditions herein stated until the t, ama sttall
abandoned for use by the Grantee lot the I~u~)se herein stated, then and thereupon lhls conveyance shall
~ ntJll ~1~ v~k-! ~ncl thai ~,~R c~f RRI~J I~m't and nrm"nl~ Rl"t~ll gt~ohll~iv revert I~ (~rant~r h~reln, its
successors and aeM~ns, and no act or omission on the part of them shal! be construed as a waiver of the
enforcement ..)f suoh
AND Grantor doe6 hereby bind itself, its su(x~essors and assigns, to WARRANT AND FOREVER DEFEND
all and $in~utar the alaove deecribed e~sement end rights unto the 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.
EXECUTED as o! thla ___ day ot .......... 19__
GRANTOR:
TEXA~ UTILITIES ELECTRIC COMPA~
By:
Title
GRANTEE'
By:
Tille
STATE OF TEXAS
COUNTY OF _
BEFORE ME, the uncler~i~necl authorily, on thiS clay personally appeared
of. . a divbion of
Texas ~-~l~etric Coning. known to me to be the person whose name is subacribed to the foregoing
Inatrumenl ~ aeknOwlli,l~l to me thltt he execute¢l the same as the act and deed of the said Texas
Utilities Electric Conlpany, for the purpoees and conslcleration therein expreesed ancl In the c. ap~lty
GIVEN UNO~R MY HAND AND SEA1 OF OFFICE thl~ ..... day of . A.D. 19
N~tary Public in and for the Stale of Texas
(~--~-n~'~l-ame 0f Notary Publk; Here) -'
My Commi~ion Explr~:
STATE OF §
COUNTY OF
BEFORE ILt~, the u~ authoril~, on thiS clay pemormily , kne~n to me to t~e t~e laef~mn who~ name
th~'eef, a~i let the purpeee~ and oonsideratlon
the OS~ .a#V II.rein atalml, and that he was authorized to do ~o.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ........... day of .
A.D. 19
Notary P~Jbli¢ i~' and for the Stat~ of Texas
(Print Name of Notary Public H~;e-~ ' '
My C~omml.~ion Expir~:
awOOSOO6.xxx