ST9902-CS130401 (17)
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
Oncor Electric Delivery Company LLC
consideration to Grantor in hand paid by , a
Delaware limited liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas
75202-1234, 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
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electric 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 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.
Except in emergency situations, Grantor shall not perform any excavations,
trenching, or other soil disturbing 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
thirty (30) days granting consent, or detailing why consent can not be granted. In
emergency situations, Grantor shall notify Grantee of the need to perform excavations,
trenching, or other soil disturbing activities by the next business day after
commencement of the work. 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 granted. Grantor further reserves the right to lay out, dedicate, construct,
maintain and use across said strip such roads, streets, alleys, railroad tracks,
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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.
EXECUTED this __ day of _________, A.D. 20__.
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CITY OF COPPELL
By:_____________________________
___
Karen Hunt, Mayor
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
After recording, return to:
Laura De La Paz
Oncor Electric Delivery Company
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EASEMENT AND RIGHT OF WAY
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Suite 505
th
115 W 7 Street
Ft. Worth, Texas 76102
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