ST9902-CS121030 (2)
Line Name: Coppell-Apollo Rd 69kV
E# 275234
WA #:
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
City of Coppell
That, the , hereinafter called "Grantor," whether one or more, for
and in consideration of Ten and no/100 Dollars ($10.00) and other valuable consideration
Oncor Electric Delivery Company LLC
to Grantor in hand paid by , a Delaware limited
liability company, 1601 Bryan St. 1616 Woodall Rodgers Freeway, Dallas, Texas 752012-
1234, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these
presents does grant, sell and convey unto said Grantee, its successors and assigns, an
easement and right-of-way for electric power and communications lines, each consisting of
variable number of wires and cables, and all necessary or desirable appurtenances
including supporting structures, foundations, guy wires and guy anchorages (the
“Facilities”) over, under, across and upon all that certain tract(s) of land located in Dallas
County, Texas, more particularly described in Exhibits A and B, attached hereto and made
part hereof.
Together with: (1) the right of ingress and egress over and along the easement and
right-of-way and over Grantor's adjacent lands to or from the easement and right-of-way,
for the purpose of and with the right to construct, operate, improve, reconstruct, replace,
repair, inspect, patrol, maintain and add or remove such electric power and
communications lines or other Facilities as the Grantee may from time to time find
necessary, convenient or desirable to erect thereon during the initial construction of the
Facilities or at any time thereafter; (2) the right to install gates in all existing and future
fences crossing the easement and right-of-way, provided such gates will be installed in a
manner that will not weaken such fences; (3) the right to relocate its facilities along the
same general direction of said lines; (4) the right to trim and cut down trees and shrubbery
on the easement and right-of-way, including by use of herbicides or other similar chemicals
approved by the U. S. Environmental Protection Agency, to the extent, in the sole judgment
of the Grantee, necessary to prevent possible interference with the operation of said lines
or to remove possible hazard thereto; and (5) the right to remove at Grantor's expense or
to prevent the construction on the easement and right-of-way of any or all buildings,
structures and obstructions.
Should Grantee initially install and construct and operate one circuit of the electric
transmission line permitted under the terms of this Easement and Right of Way, it is
understood that Grantee shall have the right to install, construct, and operate additional
circuits, including additional structures or other Facilities if necessary, of the electric
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transmission line where Grantee determines, in its sole discretion, that demand for
electricity or the efficient operation of the line requires such additional circuits.
Grantor shall not make or cause any changes in grade, elevation, or contour of the
land after the initial reconstruction of Sandy Lake Road(except those activities, excluding
terracing, associated with normal agricultural operation and maintenance activities
associated with Grantor’s infrastructure)) within the easement and right-of-way described
herein without first providing advance notice and obtaining prior written consent to do so
from Grantee, except those activities associated with normal operation and maintenance
activities associated with Grantor’s infrastructure, which may be conducted by Grantor with
only prior notice to Grantee provided all work to be performed within the easement area by
the Grantor, its employees, agents, representatives or contractors and the results of said
work must comply with Chapter 752, Texas Health and Safety Code, the National Electrical
Safety Code and any other clearance requirements. If written consent is not obtained prior
to any other action by Grantor that causes any changes in grade, elevation, or contour of
the land within the easement and right-of-way, Grantor shall, upon demand from Grantee,
at Grantor’s expense, restore the easement and right-of-way to its previously existing
condition, or reimburse Grantee fully for the cost of adjusting its Facilities as necessary to
accommodate the change in grade, elevation, or contour of the land within the easement
and right-of-way in the event Grantor fails to promptly restore the grade, elevation, or
contour to its previously existing condition.
Grantor shall not perform any excavations, trenching, or other soil disturbing
associated with normal operation and maintenance
activities (except those activities
activities associated with Grantor’s infrastructure
, excluding terracing, associated with
normal agricultural activities) that, in the sole judgment of Grantee, will endanger the
integrity of the supporting structures and/or foundations or other Facilities, as applicable,
or perform any other activities that may, in the sole judgment of Grantee, remove, reduce,
or adversely affect or impact the lateral support of the supporting structures and/or
foundations or other Facilities, as applicable, without first providing advance notice and
obtaining prior written consent to do so from Grantee. Grantee shall not unreasonably
withhold consent, and shall respond to a written request within ten (10) businessthirty (30)
days granting consent, or detailing why consent can not be granted. If prior written
consent is not obtained by Grantor prior to performing any excavation, trenching or other
soil disturbing activity that endangers the integrity of the supporting structures or
foundations or other Facilities, as applicable, Grantor shall, upon demand from Grantee, at
Grantor’s expense, restore the easement and right-of-way to its previously existing
condition, or reimburse Grantee fully for the cost of adjusting its Facilities as necessary to
accommodate the excavation, trenching, or soil disturbing activity in the event Grantor fails
to promptly restore the easement and right-of-way to its previously existing condition or
cannot do so.
Grantor reserves the right to use the easement and right of way area provided such
use shall not include the growing of trees thereon or any other use that might, in the sole
judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby
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EASEMENT AND RIGHT OF WAY Page 2
granted. Grantor further reserves the right to lay out, dedicate, construct, maintain and
use across said strip such roads, streets, alleys, railroad tracks, underground telephone
cables and conduits and gas, water and sewer pipe lines as will not interfere with
Grantee's use of said land for the purpose aforesaid, provided all such facilities shall be
located at angles of not less than 45 degrees to any of Grantee's lines, and shall be so
constructed as to provide with respect to Grantee's Facilities the minimum clearances
provided by law and recognized as standard in the electrical industry, as same may
change from time to time. Grantor also reserves the right to erect fences not more than 8
feet high across said land, provided all such fences shall have gates, openings, or
removable sections at least 16 feet wide which will permit Grantee reasonable access to
all parts of said land. Should Grantee later determine that a width greater than 16 feet is
necessary, then Grantee shall have the right granted above to install additional or wider
gates at its sole discretion, but the installation of such additional or wider gates shall be at
the sole expense of Grantee.
Grantor retains all right, title, and interest in and to all oil, gas, and other minerals
(whether by law classified as part of the mineral estate or the surface estate) and
groundwater in, on, and under the strip or land described herein; provided, however, that
Grantor shall not be permitted to drill for oil, gas, and other minerals, and groundwater
from and under said strip of land but Grantor may extract oil, gas, and other minerals, and
groundwater from and under said strip of land by directional drilling, mining, or other
means, so long as Grantee’s use of said strip is not disturbed, which use shall include the
right of Grantee to physical and/or lateral support for the Facilities, as well as the right that
the Facilities shall not be endangered, obstructed, or interfered with by such operations.
In addition to the consideration above recited for the easement and right-of-way
hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant,
as they may be respectively entitled for actual damages to fences and growing crops and
improvements located on the easement and right-of-way caused by reason of the
construction, maintenance, addition or removal of said lines; provided, however, that no
such payment will be made for trimming or removal of trees growing on the easement and
right-of-way, nor for removal of buildings, structures, or obstructions erected upon the
easement and right-of-way after granting of this easement and right-of-way.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the
said Grantee, its successors and assigns, until all of said lines and other Facilities shall
be abandoned, and in that event said easement and right-of-way shall cease and all rights
herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or
assigns; and Grantor hereby binds Grantor and Grantor’s heirs, successors, assigns, and
legal representatives, to warrant and forever defend the above described easement and
right-of-way unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof. This easement may be assigned
in whole or in part.
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EXECUTED this __ day of _________, A.D. 20__.
CITY OF COPPELL
By:________________________________
Karen Hunt, Mayor
Name:_____________________________
Title:______________________________
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared
__________________________________, as the ______________________________
of the City of Coppell, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed, in the capacity therein stated and he/she is
authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this __ day of _________, A. D.
20__.
_____________________________________________
Notary Public in and for the State of Texas
Formatted: Font: Bold, Underline
Formatted: Centered
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EASEMENT AND RIGHT OF WAY Page 4
After recording, return to:
Laura De La Paz
Oncor Electric Delivery Company
Suite 505
th
115 W 7 Street
Ft. Worth, Texas 76102
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